Can I Sue a Taxi Company in NYC?

Yes. If a cab driver’s negligence injured you, you can usually sue both the driver and the taxi’s owner, because VTL §388 makes a vehicle owner liable for a permitted driver’s negligence. First, no-fault pays basic medical bills and lost wages. A lawsuit for pain and suffering requires a serious injury under Insurance Law §5102(d), filed within three years.

Last updated November 2026
Laurence P. Banville, New York personal injury attorney
Laurence P. Banville Managing Partner · NY & D.C. Bars
The bottom line: You can sue a taxi company in New York City when the cab driver’s negligence caused your injury. The usual defendants are the driver and the owner of the cab, such as the medallion owner or fleet, because VTL §388 makes an owner responsible for the negligence of anyone driving with permission. No-fault insurance pays your basic medical bills and lost wages first. To recover for pain and suffering you need a “serious injury” under Insurance Law §5102(d), and the lawsuit generally must be filed within three years under CPLR §214(5).

Who is liable in a taxi accident in NYC?

  • The cab driver. A driver who speeds, runs a light, cuts across lanes or opens a door into traffic can be sued directly for negligence.
  • The medallion owner or fleet. Many yellow cab drivers lease the vehicle and are not employees. That does not let the owner off the hook. Under VTL §388(1), every owner of a vehicle used in New York is liable for injuries caused by negligence in its use by anyone driving with the owner’s express or implied permission, “in the business of such owner or otherwise.”
  • Leasing companies, with a caveat. A federal law, 49 U.S.C. §30106, shields a business that rents or leases vehicles from liability based only on ownership, as long as the owner itself was not negligent. Who owns the cab, and how it was leased, can change who pays.
  • Another driver. If a private car caused the crash, that driver and owner may be liable instead of, or along with, the cab. Fault is often shared. See who is liable in a New York car accident.
  • For-hire vehicles. Black cars, livery cars and app-based rides operate under a TLC-licensed base. The driver and the vehicle owner are the starting point, and the base’s role depends on its relationship to the car and driver. For app rides, see injured as an Uber passenger in New York.

What insurance stands behind a NYC taxi?

A licensed cab should always be insured. TLC rules require taxicab owners to cover every cab with liability insurance, by bond or policy, that complies with the Vehicle and Traffic Law, the Insurance Law and TLC rules (35 RCNY §58-13). The coverage must apply 24 hours a day, seven days a week, regardless of how the vehicle is being used, and fleets and owners running more than one shift a day must carry double-shift coverage. Separately, any business carrying passengers for hire must file proof of a bond or insurance policy with the DMV under VTL §370.

Passengers, other drivers and pedestrians: who pays no-fault?

New York’s no-fault system pays “basic economic loss,” meaning medical bills, lost earnings and certain other expenses, up to $50,000 per person under Insurance Law §5102(a), no matter who caused the crash. Which policy pays depends on where you were:

  • Taxi passenger. Your claim generally goes to the cab’s insurer, even if you own a car. The mandatory no-fault endorsement in 11 NYCRR §65-1.1 excludes coverage under your own policy when you are occupying another vehicle in New York that carries the required coverage.
  • Driver or passenger in another car. You usually claim under the no-fault coverage of the car you were in.
  • Pedestrian or cyclist hit by a cab. You may be covered by your own household’s auto policy or by the cab’s policy. Which insurer pays first follows the priority rules in 11 NYCRR §65-3.12, so give written notice to both. The Queens guide on a cab versus pedestrian crash covers this in more detail.

Deadlines are short. Written notice of the claim must reach the insurer within 30 days of the accident, and medical bills must be submitted within 45 days after treatment (11 NYCRR §65-1.1). More on how benefits work: no-fault insurance in New York.

When can you file a taxi accident lawsuit?

Between people covered by no-fault, Insurance Law §5104(a) bars a lawsuit for pain and suffering unless the injury is “serious,” and bars suing for the basic economic loss that no-fault already pays. Under Insurance Law §5102(d), a serious injury means death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, a permanent consequential limitation of use of a body organ or member, or a significant limitation of use of a body function or system. A 2026 amendment (Part EE of Chapter 58 of the Laws of 2026) removed the old category for injuries that kept you from your usual activities for 90 of the first 180 days, for actions started on or after May 26, 2026.

If you meet that threshold, you can seek pain and suffering and economic losses above what no-fault pays. See pain and suffering in a New York car accident and how a New York car accident lawsuit works.

What if you were partly at fault?

The same 2026 law changed the fault rule for these cases. Under CPLR §1411(b), in an injury case governed by the no-fault law, you recover nothing if your share of fault is greater than the defendant’s, or greater than all the defendants’ combined. If your share is not greater, your damages are reduced by your percentage of fault. A back-seat passenger usually has little fault to assign; a driver or pedestrian hit by a cab may face that argument. The amended Insurance Law §5104(d) also caps pain and suffering damages for an at-fault claimant who was driving uninsured, or who was convicted of impaired driving or of a felony committed at the time of the crash.

How long do you have to sue?

  • Three years from the accident for a personal injury action against the driver and owner, under CPLR §214(5).
  • Public vehicles. If a city-owned or other public vehicle was involved, a notice of claim is generally due within 90 days under General Municipal Law §50-e, and the lawsuit within one year and 90 days under General Municipal Law §50-i.

Filing a taxi accident lawsuit in Brooklyn or elsewhere in NYC

Injury cases above the lower courts’ limits are filed in State Supreme Court. Under CPLR §503(a), the case is generally tried in the county where a party lived when it began, or where a substantial part of the events happened. A Brooklyn crash or a Brooklyn resident often means Kings County. For first steps at the scene, see what to do after a taxi accident in Brooklyn and what to do after an accident in the Bronx.

Evidence to collect after a cab crash

  • The medallion number and the driver’s TLC license number. Both appear in the cab and on the receipt.
  • The trip receipt or app record. TLC rules require each taxi trip record to capture the medallion number, the TLC driver license number, and pickup and drop-off times and locations, stored electronically through the cab’s technology system (35 RCNY §58-22). A lawyer can ask that this data be preserved.
  • The police report number and the names of witnesses. The driver of any vehicle in a crash causing injury must also report it to the DMV within ten days under VTL §605.
  • Photos and medical records, starting with your first visit.
  • A TLC complaint. You can file one through 311. A TLC prosecutor may follow up, which can create a separate record of the driver’s conduct.

For other case types, see our overview of New York personal injury cases. Banville Law reviews these claims and refers or co-counsels them with trial counsel where a case calls for it.

Frequently asked questions

Can I sue the taxi company if the driver was an independent contractor?

Usually, yes. Many NYC cab drivers lease their vehicles rather than work as employees, but Vehicle and Traffic Law §388 makes the owner of a vehicle liable for injuries caused by the negligence of anyone driving it with permission. That is why the medallion owner or fleet is commonly named alongside the driver. A narrow federal exception can protect businesses that rent or lease vehicles when the owner itself was not negligent.

Does no-fault insurance affect my right to sue a taxi company?

Yes. No-fault pays basic economic loss, such as medical bills and lost earnings, up to $50,000 per person under Insurance Law §5102(a), regardless of fault. Insurance Law §5104(a) then bars a lawsuit for pain and suffering unless you have a serious injury, and you cannot sue for the basic economic loss no-fault already covers. Losses above that amount can be part of the lawsuit.

As a taxi passenger, whose no-fault insurance pays my bills?

Generally the taxi’s insurer, even if you own a car with your own policy. New York’s mandatory no-fault endorsement excludes coverage under your own policy when you are occupying another insured vehicle in the state. Give the cab’s insurer written notice within 30 days of the accident, and submit medical bills within 45 days after each treatment, or benefits can be denied.

What is the serious injury threshold in New York?

Insurance Law §5102(d) lists the qualifying injuries: death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, a permanent consequential limitation of use, or a significant limitation of use of a body function or system. For lawsuits started on or after May 26, 2026, the former 90-of-180-days category no longer counts.

How long do I have to sue a taxi company in NYC?

Three years from the date of the accident for a personal injury claim under CPLR §214(5). If a city-owned or other public vehicle was involved, the rules are much shorter: a notice of claim is generally due within 90 days under General Municipal Law §50-e, and the lawsuit within one year and 90 days. No-fault notice to the insurer has its own 30-day deadline.

What information should I get from the cab after a crash?

Write down the medallion number and the driver’s TLC license number, keep the receipt, and photograph the cab, the scene and your injuries. Under TLC rules, each taxi trip record includes the medallion number, the driver’s license number and pickup and drop-off details, so the receipt helps tie the trip to the cab’s electronic records. Get the police report number and witness names too.

Laurence P. Banville

Reviewed by Laurence P. Banville, Esq.

Managing Partner, Banville Law · New York & D.C. Bars

Laurence Banville is a New York personal injury attorney and the Managing Partner of Banville Law. Born in County Wexford, Ireland, he earned his law degree summa cum laude from University College Dublin and once defended insurance companies in product-liability litigation — experience he now uses for injured New Yorkers. He has been named to the Irish Legal 100 and the Irish Echo’s Top 40 Under 40, and is an AVVO Rated attorney.

NY Bar D.C. Bar Irish Legal 100 AVVO Rated AAJ Member

Read Laurence’s full bio →

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