Many people choose to travel by taxi or limousines for hire in New York as a convenient way to get around. However, the number of accidents caused by negligent cab drivers is staggering. And with Uber and Lyft also offering their services, there are more instances where a “livery” driver does not have adequate training, or works very long hours, or is in a hurry to pick up the next fare. After you’re injured in a livery accident, the taxi cab accident attorneys at Kaplan Lawyers PC are here to make sure you receive the medical attention you need and the compensation you deserve for your pain and suffering.
A growing number of taxi- and livery-related accidents are caused by distracted drivers – what with the explosion of smartphone usage which invades our driving habits. More’s the pity. Between 2012 and 2014, there were 497 total vehicle-induced pedestrian fatalities, according to the New York City Department of Health and Mental Hygiene; and there are thousands of injuries every year in motor vehicle crashes – too many involving taxi or livery drivers.
Once you’re involved in a taxi cab accident, you suddenly learn how difficult it can be to identify the insurance company, and sometimes even the cab owner, that must pay your medical bills. New York’s No-Fault statute requires injured parties to file an application for benefits with the insurance company for the car they occupied within 30 days from the date of the accident. However, this information is rarely supplied at the accident scene, when you’re understandably more concerned with your injuries. Failure to file the application on time means you may be personally responsible for your medical bills, not the cab’s insurer.
If you have been injured in an accident involving a New York City taxi cab, limo-for-hire, Uber or Lyft vehicle, you need help from a taxi cab accident attorney. The legal team at Kaplan Lawyers PC has decades of experience and has helped thousands of innocent victims secure the full financial compensation benefits to which they are legally entitled.
Do I need an attorney to handle my claim?
No, but it’s likely that the cab’s insurance company employs an army of attorneys, adjusters, and experts. To be fairly compensated you must hire a law firm which focuses on this type of law. Our legal team has decades of experience and a proven track record of maximizing settlements, which places us in the best position to assure you’ll get all you are entitled to.
How long do I have to bring a claim?
The statute of limitations (or time in which a claim must be brought) is three years for personal injury and two years for wrongful death from the date of the accident. If the claim is against a municipality, the time allowed can be significantly shorter. So you should consult an attorney quickly.
Can I bring a claim even if the cab driver wasn’t 100 percent at fault?
Yes. New York law follows the pure comparative negligence rule. It states that an injured party can be compensated for their injuries in proportion to their percentage of contributing to the accident. So, if a jury believes that a claimant was 10 percent at fault, the “negligent” party must pay 90 percent of the claimant’s damages.
Do I have to pay any legal fees if I lose my case?
No. Kaplan Lawyers PC works on a contingency basis, which means if we don’t win your case we don’t get paid.
How much is my case worth?
Any attorney who tells you they know how much your case is worth, sight unseen, either doesn’t know what they’re talking about or is being less than truthful. Our legal team has decades of experience, maximizes the value of your case, and can give you a reasonable projection once we know all the facts.
How long will it take to settle my case?
Every case is different. However, our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our clients’ cases, generally resolving them favorably much faster than other firms.
What types of cases do you handle?
We have handled many taxicab, livery and pedestrian accidents. They can be caused by driver negligence, distraction, intoxication, defective auto parts or maintenance, or reckless driving. We also help injured people receive compensation from other types of accidents, such as workplace mishaps and slips and falls.
How will my medical bills get paid?
If you were a passenger in the cab, or a pedestrian or bicyclist struck by a cab, your medical bills will be paid by the cab’s insurance company. If you were the driver or passenger in a car that was hit by a cab, your medical bills will first be paid for by the insurance company for the car that you were in. However, you must file a No-Fault Application with the insurance company within 30 days from the date of the accident or risk waiving your right to file for all your benefits.
Does No-Fault pay for anything else?
Yes. No-Fault will also pay for lost wages, prescription costs, transportation to medical providers, and reasonable expenses for household services. It does NOT pay for pain and suffering.
What is the legal definition of a serious injury?
A serious injury is defined under New York law as death; dismemberment; significant disfigurement; fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the 180 days immediately following the occurrence of the injury or impairment.
How will I know if my injuries are considered serious?
Many injuries sustained in taxi cab accident cases can progressively worsen over time. This makes it difficult to determine how serious the injuries are right after an accident. And it’s why you should retain a seasoned taxicab injury attorney immediately to assure that all filings are completed to protect your full compensation rights.
How will I know if my injuries will be considered serious?
Many of the injuries sustained in taxi cab accident cases become progressively worse with time so it is difficult to determine shortly after the accident. However the taxi cab accident attorneys at Kaplan Lawyers PC recommend that you retain an attorney immediately so that all filings are completed to protect your rights and ensure that you receive the compensation that you are entitled to.
If my car or personal property was damaged in the accident with a cab, how can I get it fixed?
If you were a passenger in a cab, or a pedestrian or bicyclist struck by a cab, you must file a third-party claim with the cab driver’s insurance company to collect for the damage to your personal property. However, these can take significantly longer to resolve than medical bill reimbursements and other damages. If your car was damaged and you have collision coverage, you should file a claim with your insurance company. If any insurance company resists any claim you file after a taxicab accident, call an attorney immediately!
The taxi cab accident attorneys at Kaplan Lawyers PC remind you that insurance companies will try to twist your words against you. We urge you to contact a legal professional before beginning any dialogue with an insurance company. But time grows short! If you or a family member has been injured in a taxicab or livery accident, call us at (516) 399-2364 or fill out this contact form
to arrange a free consultation. And remember — you owe nothing unless we win.