Injured by a Taxi?
A woman was killed and two others were injured in a number of taxi-related accidents all taking place in a single day in New York City. Four separate accidents took place in different parts of the city, the worst of which saw an unidentified woman in her 60s bleed to death on the sidewalk in the early hours of the morning.
Under New York law, if you are injured by a taxi, whether as a passenger, pedestrian, bicyclist or other driver, you may be able to claim compensation. However, it is important to be aware of the different routes to compensation that may be available.
Who is responsible?
New York is a no-fault insurance state, in which all car owners are required to have personal injury and property damage coverage. As a result, the question of fault in auto accidents is often not relevant. As long as an injured party has the basic level of insurance coverage, they can make a claim under that policy. One downside of the no fault system, however, is that your no-fault benefits are likely capped at $50,000, although your lost income and medical costs may far exceed this amount.
The cap notwithstanding, you still have the ability, particularly in a case of serious injury, to sue the at-fault driver for your mental anguish, loss of enjoyment of life, and pain and suffering.
In an accident caused by a taxi driver, things are slightly different. In NYC, the New York Taxi and Limousine Commission requires every licensed taxi to have liability insurance, in addition to the basic no-fault insurance. Liability insurance in NYC must provide a minimum coverage of $100,000 per person and up to a maximum of $300,000 per accident. If you suffer serious injury due to the negligence of the driver of a licensed taxi, you can sue for non-economic losses, such as pain and suffering, as well as claiming your medical costs and lost income and you might be wholly, or at least partially, compensated under the taxi’s no-fault insurance.
How long do I have to file a claim?
To receive compensation under the no-fault insurance policy, you need to submit a claim within a tight deadline and file an application for benefits within 30 days of the accident. Your claim for medical bills must be submitted within 45 days of receiving medical care and your claim for lost income must be submitted within 90 days of the accident. As there are various strict time limits regarding a lawsuit for serious injury, you should not delay in consulting an attorney.
For more information on your rights after you have been involved in a taxi accident or any other type of personal injury claim, make an appointment with an experienced Long Island auto accident attorney.