Taxi & For-Hire Vehicle Accident Lawyer in Kew Gardens
Kew Gardens sits where the Van Wyck Expressway, the Grand Central Parkway, Queens Boulevard and Union Turnpike converge, and it is also the neighborhood people associate with the borough’s courts. A great deal of for-hire traffic passes through on its way to JFK, and a great many injured people arrive here wondering what actually happens once a claim becomes a case.
So this page does something the others do not. Rather than a single legal doctrine, it sets out the process end to end — what happens, roughly when, and what will be asked of you. Most of the anxiety people carry into a taxi injury claim comes from not knowing this, and almost none of it survives an explanation.
How a taxi injury case actually runs
The first month is administrative, and it is the part that goes wrong. The no-fault application — form NF-2 — must generally reach the correct insurer within 30 days, which means identifying which of several possible policies applies to the vehicle you were in. Preservation demands go out for trip records, dispatch data and camera footage before they cycle. If any public entity is involved, a § 50-e Notice of Claim falls due within 90 days. Nothing about this stage is dramatic and all of it is decisive.
Then treatment, which is also evidence. Your medical course is what proves the serious injury threshold in Insurance Law § 5102(d). Expect the no-fault insurer to schedule an independent medical examination at some point, often concluding that further treatment is unnecessary; if benefits are cut off, tell us rather than simply stopping, because a gap in care is the most-used defense exhibit there is.
Filing suit. Against a private defendant the deadline is the three years under CPLR 214, though most cases are filed well before that. The defendants normally include the driver and, under Vehicle and Traffic Law § 388, the vehicle’s registered owner — often a base or fleet. In a multi-vehicle collision it matters that everyone with a plausible share is named, because CPLR 1601 limits joint liability for pain and suffering where a defendant is 50 percent or less responsible.
Discovery, and the deposition. Both sides exchange records, and you will be examined under oath. A deposition is not a trial: it takes place in a conference room, your lawyer sits beside you, and the only requirement is that you answer honestly about what you remember. You will also attend a defense medical examination. This is the longest phase and the least eventful.
Resolution. Most cases settle — at mediation, after depositions, or on the eve of trial — and the timing usually reflects when the defense finally accepts the medical proof. A minority are tried. Under CPLR 1411 any share of fault attributed to you reduces the award proportionally rather than ending the claim. Nothing settles without your agreement.
Where your case is actually heard
Despite the courthouse complex on Queens Boulevard, civil injury cases are not heard in Kew Gardens. They are filed at the Supreme Court Civil Term buildings in Jamaica and Long Island City. A claim about the roadway itself on the Van Wyck or the Grand Central Parkway goes somewhere else again — the Court of Claims, on a 90-day notice of intention to the Attorney General.
What to do in the first week
- Keep the trip record — receipt, app history or the base’s number. It identifies the insurer.
- Photograph every vehicle involved, not just the one you were in. In a chain collision each one may matter for apportionment.
- Get the police report number and check that all parties are listed on it.
- Be examined the same day and describe the mechanism, not just the pain.
- Note whether the impact was on a local street or a highway. It decides whether the State is a defendant.
- Give no recorded statement before getting advice.
Case results
- $1,500,000 — our client was t-boned by a vehicle exiting a gas station; neck herniations and a shoulder tear requiring surgery. Queens County, settled after filing the Note of Issue.
- $990,000 — a sedan rear-ended our client’s vehicle during the course of her employment; neck herniations and shoulder tears requiring surgery. Queens County, settled after depositions.
- $650,000 — our client’s car was rear-ended while driving; spinal herniation fractures requiring surgery. Queens County, settled after jury selection and the first day of the liability trial.
More are listed on our settlements page. Prior results do not guarantee a similar outcome. Every case depends on its own facts.
Frequently Asked Questions
How long will my case take?
It depends mainly on your medical course, because a case cannot be valued sensibly until the extent of the injury is known. Straightforward cases can resolve in months; ones involving surgery and a contested threshold take substantially longer. Anyone who promises you a date at the first meeting is guessing.
Will I have to testify in front of a jury?
Probably not. Most cases settle. You should expect a deposition — sworn testimony in a conference room, with your lawyer present — and a defense medical examination. The great majority of injured people never appear before a jury.
Can I be made to settle for an amount I think is too low?
No. The decision to accept or refuse an offer is yours alone. Our role is to tell you honestly what an offer is worth against the realistic range at trial and the risk of getting there, and then to do what you decide.
What comes out of the settlement before I get paid?
The contingency fee, case expenses such as records and expert fees, and any liens — health insurance, Medicaid or Medicare, workers’ compensation. Liens are frequently negotiable and reducing them is part of the work. You should receive a written statement showing every deduction before anything is disbursed.
What does it cost to hire you?
Nothing up front. We work on contingency, the consultation is free, and there is no fee unless we recover for you.
Courts that hear Kew Gardens taxi cases
- Queens County Supreme Court, Civil Term — 88-11 Sutphin Boulevard, Jamaica, and 25-10 Court Square, Long Island City. Civil injury cases are heard at these buildings, not at the Queens Boulevard complex.
- NYC Civil Court, Queens County — 89-17 Sutphin Boulevard, Jamaica.
- Claims against New York State go to the Court of Claims.
Our Office & Directions from Kew Gardens
Yakov Mushiyev & Associates, PC
1 Cross Island Plaza, Suite 325
Rosedale, NY 11422
Phone: 718.775.3110
Monday – Friday, 9:00 a.m. – 6:00 p.m. Home and hospital visits available.
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Related: Taxi Accident Lawyer Forest Hills · Taxi Accident Lawyer Jamaica · Richmond Hill · Settlements · About Yakov Mushiyev · All Queens Locations
This page is general information about New York law, not legal advice about your situation. Every case turns on its own facts, and deadlines vary. Prior results do not guarantee a similar outcome. Speak with an attorney before relying on anything here.