Reviewed by Laurence P. Banville, Esq.What to do right after the crash
The minutes after a taxi collision matter, both for your health and for any future claim. Take these steps in order, as your condition allows:
- Get to safety and call 911. Report injuries and ask for police and an ambulance. A police report creates an official record of the crash.
- Accept medical evaluation. Adrenaline masks pain. Concussions, soft-tissue injuries, and internal injuries often show up hours or days later, so let EMS check you and follow up promptly.
- Record the taxi’s details. Photograph the medallion or TLC license number, the plate, the driver’s hack license or name, and the cab company. For yellow cabs the medallion number is key; for green Boro cabs and for-hire/rideshare vehicles, note the TLC plate.
- Document the scene. Take photos and video of all vehicles, damage, the roadway, traffic signals, and your visible injuries. Get names and numbers of any witnesses.
- Do not admit fault or downplay injuries. Stick to facts when you speak to police and insurers.
Who pays for your injuries in New York
New York is a no-fault state. That means the insurance covering the vehicle you were in pays your basic economic losses first, regardless of who caused the crash. As a passenger in a taxi, you are covered by the taxi’s no-fault policy.
No-fault benefits (called PIP) typically cover medical bills, a portion of lost earnings, and certain out-of-pocket costs, usually up to $50,000 in basic coverage. To preserve these benefits you generally must file a no-fault application with the insurer within 30 days of the accident, so do not wait.
No-fault does not pay for pain and suffering. To recover for that, New York requires that you meet the “serious injury” threshold under the Insurance Law, which includes things like fractures, significant disfigurement, permanent limitation of a body part, or a medically determined injury that disables you for at least 90 of the 180 days after the crash.
When you can sue, and the deadlines
If your injuries meet the serious-injury threshold, you can pursue a claim against the at-fault party, which may be the taxi driver, the cab company, or another driver involved. In New York, the deadline to file most personal injury lawsuits is three years from the date of the accident. CPLR §214
Deadlines can be shorter in special situations. If a government vehicle or public entity is involved, you may have to file a formal Notice of Claim within 90 days and sue within roughly a year and 90 days. GML §50-e Missing a deadline can permanently bar your claim, so it is worth confirming which rules apply to your case early.
New York also follows comparative negligence, meaning your recovery can be reduced by your share of fault but is not eliminated even if you were partly responsible. CPLR §1411
What affects the value of a taxi accident claim
No honest lawyer can promise a dollar figure, and outcomes vary from case to case. The factors that drive value generally include:
- The severity and permanence of your injuries, and whether they meet the serious-injury threshold
- Your total medical costs, including future treatment
- Lost wages and any reduced future earning capacity
- The strength of the evidence on liability, including the police report, photos, and witness accounts
- The available insurance coverage
- How the injuries have affected your daily life and ability to work
Prior results do not guarantee future outcomes. The most useful thing you can do is preserve evidence and get consistent medical treatment so the record reflects the true impact of your injuries.
Frequently asked questions
Does the taxi's insurance cover me if I was a passenger?
Yes. New York is a no-fault state, so the taxi's no-fault (PIP) coverage pays your basic medical bills and a portion of lost wages as a passenger, regardless of who caused the crash. To keep these benefits you generally must file a no-fault application within 30 days of the accident.
How long do I have to file a claim after a Brooklyn taxi accident?
For most personal injury lawsuits in New York the deadline is three years from the date of the accident. If a government vehicle or public entity is involved, you may have to file a Notice of Claim within 90 days and sue within about a year and 90 days, so it is wise to confirm the applicable deadline early.
Can I sue for pain and suffering after a taxi crash?
Possibly. No-fault benefits do not cover pain and suffering. To recover for that you must meet New York's serious injury threshold, which includes injuries like fractures, significant disfigurement, permanent limitation of use, or a medically determined injury that disables you for at least 90 of the 180 days after the crash.
What information should I get from the taxi at the scene?
Photograph the medallion or TLC license number, the license plate, the driver's name or hack license, and the cab company. For yellow cabs the medallion number is most important; for green Boro cabs and for-hire vehicles, capture the TLC plate. Also get witness names and numbers.
What if I felt fine at the scene but hurt later?
That is common, because adrenaline can mask pain and some injuries surface hours or days later. See a doctor as soon as symptoms appear and keep all records. Prompt, consistent treatment protects both your health and the accuracy of your medical record if you pursue a claim.