Can a passenger in a taxi cab sue both the car that hit us and my driver for driving too fast

Asked almost 6 years ago - New York, NY

i was involded in a car accident were i was the passenger in a cab ( gipsey in nyc) the cab i was in was going way over the speed limit ( about 45 to 50 mph ) another car cut us off we smacked right into it head on can i sue both cars for lost wages medical insurance

Attorney answers (4)

  1. Allan A Blank

    Contributor Level 8

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    Answered . As a passenger in one vehicle that was in an accident with another vehicle you can and should seek to hold both drivers responsible for any injuries that you may have suffered in the accident. As far as lost wages and medical payments those would be covered up to $50,000.00 under No-Fault in New York. You MUST file for those benefits within 30 days of the date of the accident. The law is very strict on that point.

  2. Jeena R. Belil

    Contributor Level 13

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    Answered . As a passenger, you have the right to bring a claim against both the driver of the taxi and the other vehicle that cut off the taxi. New York is also a pure comparative negligence state. If you have sustained injuries, make sure you have filed a claim for no fault benefits with both vehicle's insurance companies within thirty days of the accident. If you need further assistance, feel free to contact me directly.

  3. Stacy Mandel Levine

    Contributor Level 10

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    Lawyer agrees

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    Answered . Yes, you should bring actions against both car owners and both drivers, if different than the owners. Also, you should follow up if any tickets were issued at the scene (you mentioned speeding) and have that information as well. Good luck to you.

  4. Gordon Ralph Levinson

    Contributor Level 14

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    Answered . The short answer is "yes." You have been the victim of concurrent tort-feasors, which means that two different parties are potentially legally responsible for your injuries. The taxi driver is potentially responsible because he was speeding, and the other driver is potentially responsible because he violated the taxi's right of way. Since you were a passenger, you were not responsible at all for your injuries. Therefore, you may assert claims against both drivers, and the jury will sort out the percentages of fault among the parties. If this were a California case, the law of "comparitive fault" would apply and the jury would literally calculate blame as a percentage among the parties. I am not licensed in New York and I do not know whether comartive fault would aply in that state. However, if comparitive fault does not apply, you can potentially recover one hundred percent of your damaes against either party. But if comparitive fault applies (as in California) then you will only be able to recover the percentage of damages against each party as calculated by the jury. My advice is to seek New York counsel and to ask about "comparitive fault." I wish you the best of luck. Nothing herein constitutes a gaurantee or prediction about your legal matter, and at no time did we form an attorney-client relationship.

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