Transportation For Accident Lawsuit Guide (2025 Update)

Published: · 4 min read

If you were injured in New York City and need help getting to doctor appointments, lawyer meetings, or court dates, this updated 2025 guide walks you through everything you need to know — from how Access-A-Ride, paratransit, and medical car services work, to what insurance may cover and how to protect your rights. Whether you're recovering from a crash, surgery, or mobility issue, this guide is for you.

Access-A-Ride Picking up Client.

✅ 1. Why Transportation Is a Legal Issue — Not Just a Personal One

Professional Insight:
In a personal injury case, transportation isn’t just a matter of convenience — it can directly impact your case value.

Here’s how:

Missed appointments lead to gaps in treatment, which the insurance company will use to say “you must not be seriously hurt”

Delays in specialist care (MRI, ortho, PT) reduce your ability to prove damages

Lack of transport is not accepted as an excuse in most NYC litigation settings — unless documented and addressed early

Transportation difficulties need to be solved, not just acknowledged. Your lawyer should help guide you — because showing consistent care builds case value.

Real Bronx Example:
A woman injured in a fall in Building 3, Co-op City, missed 3 out of her first 5 PT visits. She told her lawyer, “I don’t drive and my kids work.” No arrangements were made. The defense claimed non-compliance. Later, when she did begin treatment regularly, it was too late — her case settled for less than it could have.

✅ 2. Access-A-Ride: What It Covers and How to Apply

Professional Insight:
Access-A-Ride (AAR) is an MTA-run paratransit service for riders who cannot use regular subways or buses due to physical or cognitive disabilities. It’s often overlooked by accident victims who:

Have limited mobility after surgery or injury

Cannot navigate stairs or long distances

Don’t qualify for ambulette but still can’t take the train

To qualify:

Apply through MTA’s AAR system

Get your doctor to fill out the medical portion

Be prepared for an in-person mobility assessment (yes, even if you’re in a brace)

Once approved:

Rides are scheduled in advance and cost the same as subway fare ($2.90)

You can bring a companion

Rides must be reserved a day or more ahead — no on-demand trips

Real Bronx Example:
A 59-year-old man recovering from ankle surgery after a Bronx car accident couldn’t take the subway. His lawyer helped him apply for Access-A-Ride. After a 3-week approval wait, he began using it for all ortho and PT visits. Every appointment was logged — building consistent treatment that helped his case.


✅ 3. Ambulette Services: What They Are, Who Pays, and When to Use One

Professional Insight:
An ambulette is a non-emergency medical transport van, often used for:

Clients in wheelchairs or surgical boots

Those recovering from orthopedic or neurological injuries

Elderly patients who can’t take public transit safely

Ambulettes are usually paid for by:

No-fault insurance (for car-related injuries — must be pre-approved)

Medicaid (for those who qualify)

Private pay (if neither applies — but expensive)

If your case involves no-fault coverage, your doctor must submit a prescription for ambulette transport to the no-fault carrier for approval. It must be medically justified.

Real Bronx Example:
A woman struck in a Bronx crosswalk suffered multiple fractures. She couldn’t sit upright in a cab. Her orthopedist wrote a note for ambulette use, and it was covered by GEICO no-fault. She used it to attend over 20 appointments, strengthening her case and avoiding gaps.


4. NYC Taxis, Uber, and Lyft — When to Use, How to Get Reimbursed

A. These Are Not Just Convenience — They’re Medical Necessities (If Documented)

Professional Insight:
After an accident, rideshare or taxi trips to medical appointments can be reimbursed by:

No-fault insurance (for motor vehicle-related injuries)

Workers’ comp (if injured on the job)

Certain Medicaid programs (if you qualify and use pre-approved vendors)

But here’s the catch:

The ride must be medically necessary

The appointment must be part of your treatment plan

You must keep detailed proof of every trip

Receipts alone aren’t enough. Your provider may need to submit a transport verification form, and you’ll likely have to request reimbursement forms from the carrier directly.

Real Bronx Example:
A man hit by a car on Pelham Parkway took an Uber to all of his PT sessions. But he never told his lawyer or asked for reimbursement forms. The carrier denied all requests for back payment. If his doctor had submitted the Uber log with a treatment plan, it would’ve been covered.


B. What to Submit to Get Reimbursed

Professional Insight:
To give yourself the best shot at getting taxi/Uber/Lyft costs reimbursed, submit:

A prescription or note from your doctor saying transport is medically necessary

Trip receipts (with location, time, cost)

Appointment logs showing the visits those trips matched

A signed transportation reimbursement form (from your no-fault carrier or workers’ comp plan)

It’s smart to submit monthly, not at the end of your treatment.

Real Bronx Example:
A woman in Mount Hope took cabs to her orthopedist after a slip-and-fall but only submitted Uber screenshots. Her lawyer helped her backfill the doctor’s logs, matched the receipts to dates, and filed a proper monthly form with the no-fault carrier. She was reimbursed over $600.


C. Why You Still Need to Log the Appointment (Even With Proof of the Ride)

Professional Insight:
Even if you show proof of transport, you must also show you actually went to the appointment. Insurance companies will NOT reimburse:

Cancelled visits

Missed appointments

Rescheduled trips

Your medical provider’s chart needs to show you were seen that day. Better yet: have them note in the chart how you arrived if it’s relevant (“Pt arrived by taxi due to brace use.”)

Real Bronx Example:
A client in Soundview took Lyft rides to PT but didn’t show up twice. She still submitted the receipts. Denied. The insurer reviewed the PT logs — and found no-show notes. It raised suspicion, hurt her credibility, and they started questioning the entire claim. Consistency is key.

5. Using NYC Buses and Subways After an Accident

A. Can I Take the Subway or Bus If I’m Injured? It Depends on Your Condition

Professional Insight:
After an accident, many Bronx clients ask: “Can I just take the train to therapy?”
The answer depends on:

Whether you can walk, stand, or climb stairs safely

Whether you’re at risk of further injury from crowding or jolting

Whether your doctor agrees it’s medically safe and reasonable

MTA travel is not disqualifying for a claim — but if you're limping up the 4 train stairs at Burnside Ave with a cane, it may contradict a claim of “severe mobility restriction.”

What matters most is:

Consistency: If you're using public transit, be prepared to explain it

Documentation: If you're not, your doctor should note why

Real Bronx Example:
A woman recovering from a fractured ankle after a bus accident in Tremont took the Bx36 to therapy. She mentioned it to her therapist, who added it to her chart. Later, the defense tried to claim she “wasn’t seriously hurt” — but the notes clarified she had no car and still had trouble boarding. The context saved her case.


B. Subway vs Bus: What’s Better If You Have an Injury?

Professional Insight:
For injured clients, buses are usually safer than subways because:

They’re lower to the ground — no stairs

You can request stops and seat yourself before moving

Some buses have kneeling platforms and front-of-bus priority seating

Subways, especially in the Bronx, often involve:

Broken elevators or none at all

Crowded platforms that are risky with braces or balance issues

Long walks and staircases that can aggravate healing injuries

If you must take transit, buses with documented mobility issues are preferable — and most defensible in a lawsuit context.

Real Bronx Example:
A man with a torn meniscus took the Bx12 SBS across the Bronx to Jacobi. He always sat in the front, wore a knee brace, and his doctor noted “Pt uses bus due to inability to climb stairs.” Insurance didn’t question it — because it was documented clearly from the beginning.


C. How to “Prove” You Took the Bus or Train — and That You Arrived

Professional Insight:
You don’t need a MetroCard receipt — but you do need to show:

You arrived at the medical appointment (chart notes, sign-in sheet)

You made the effort despite physical limits (helpful if doctor notes it)

You weren’t “choosing” public transit over proper transport just to save money — you had no choice

If you use the MTA app (OMNY), some lawyers recommend screenshotting trip histories or syncing Apple Wallet activity for added proof.

Real Bronx Example:
A client in Morris Park who used the 5 train to reach PT three times a week got pushback from the defense. His lawyer had the therapist write a note explaining why the subway was his only option. The claim held up — because it was all explained up front, not after the fact.

6. What If You Missed Appointments Because You Had No Ride?

A. Gaps in Treatment Hurt Your Case — Even If They Weren’t Your Fault

Professional Insight:
In personal injury law, insurance companies track every missed appointment. If you skip visits — even if it’s because you had no transportation — they will claim:

You’re not really injured

You’re not taking your care seriously

Your pain must not be that bad if you're not following up

The key isn’t perfection — it’s proving the gap wasn’t your fault. This means:

Telling your lawyer immediately when you miss a visit

Getting your doctor or therapist to note why you missed

Taking reasonable action to fix the issue (Access-A-Ride, ambulette, etc.)

Even just documenting your effort to get there (emails, texts, receipts, calls) can help salvage a gap.

Real Bronx Example:
A woman in Castle Hill missed her orthopedic follow-up because her son couldn’t drive her and she didn’t know how to apply for Access-A-Ride. She told her lawyer too late. The insurance company said she “gave up” on treatment. Her case value dropped by 40%. Had she reached out right away and had the doctor document the transportation issue, it could’ve been explained and defended.


B. How to Repair a Treatment Gap the Right Way

Professional Insight:
If you've already missed several visits, you can still repair the gap, but you need to act fast and with clarity. Steps include:

Return to treatment immediately — don’t wait for approval or perfection

Tell your provider the truth — let them note in your chart: "Pt missed care due to lack of transportation access."

Document attempts to fix it — screenshots of ride apps, Access-A-Ride emails, ambulette applications, etc.

Notify your lawyer — so they can build a timeline of events and prevent the insurance company from misrepresenting it

A well-documented gap is far better than a silent one. Gaps with no explanation = assumed to be disinterest.

Real Bronx Example:
A man injured in a delivery fall at Bartow Mall missed two weeks of therapy due to subway closures and lack of a working phone. He documented his OMNY ride attempts, told the therapist on return, and had everything noted. His lawyer explained it clearly — and the carrier accepted the gap as reasonable. The case held its full value.

7. FAQs Bronx Clients Ask About Transportation After a Crash

❓ Can I get reimbursed for Uber if I don’t have a car?

Legal Explanation:
Yes — but only if the ride was medically necessary and connected to your treatment. No-fault insurance will not cover trips to work, the grocery store, or unrelated errands. You’ll need:

A note from your doctor

Receipts (with pickup/dropoff info)

A matching treatment record showing you were actually seen that day

Real Bronx Answer:
If you live in Allerton and took Uber to PT three times a week, that might qualify — but only if your doctor said you needed it, and you actually showed up. If you just submit receipts without showing what they were for, they’ll be denied.


❓ What if Access-A-Ride takes too long to approve me?

Legal Explanation:
Access-A-Ride approvals can take 2–4 weeks, even for clearly eligible riders. During that time, you still need to attend treatment — even if it means temporary taxis, ambulettes, or rides from family.

Document everything:

Missed calls

Ride attempts

Application progress

Real Bronx Answer:
One client from Soundview waited 17 days for AAR. During that time, she used a mix of Uber and rides from her niece — and kept screenshots. Her lawyer sent it with her no-fault package. She got partial reimbursement and full credit for attending.


❓ My doctor is in Manhattan. Does that matter?

Legal Explanation:
No — location of treatment is up to the patient, but insurers will sometimes question “why not go local?” Make sure:

You have a referral or specialist justification

It’s not just for convenience

You’re not missing visits due to travel distance

Real Bronx Answer:
If you live near Baychester but see your spine doctor in Midtown, that’s fine — as long as you can show that local clinics weren’t an option and you’re not skipping due to the long ride.


❓ My injury makes it hard to climb stairs — but I’m not in a wheelchair. What do I do?

Legal Explanation:
You may still qualify for Access-A-Ride or ambulette even without a visible disability, as long as:

A medical professional verifies your mobility issue

You complete the AAR application and (if required) mobility evaluation

You’re honest and consistent in documentation

Real Bronx Answer:
One woman from Van Nest had severe vertigo after a concussion. She looked fine but couldn’t use stairs safely. Her doctor wrote it clearly, and she got AAR approval — even without crutches or a cast.


❓ Will the insurance company believe I “couldn’t get a ride”?

Legal Explanation:
Only if you prove it. Insurance companies don’t accept “I had no ride” as a standalone excuse. You must:

Show how you tried (ride apps, calls, emails, Access-A-Ride application)

Have a doctor confirm the transportation barrier

Show that you resumed care quickly after resolving the issue

Real Bronx Answer:
A man from Kingsbridge missed 3 weeks of PT after a family emergency left him without a ride. He saved screenshots of cancelled Lyft trips, a waitlist from AAR, and a voicemail to the PT clinic. It was enough to explain the gap — and the claim held up.

8. Related Guides and Internal Links

🟦 Urgent Care After an Accident – NYC Guide (2025 Update)

Not every injury sends you to the ER. If you went to CityMD, BronxDocs, or MedRite — this guide explains how to document urgent care visits so the insurance company doesn’t downplay your case.


🟪 Uber & Lyft Accident Lawsuit Guide – Bronx (2025 Update)

Rideshare crashes are different. Learn what to do when you're hit by or riding in an Uber or Lyft, how the insurance works, and how to prove you weren't at fault.


🟨 The 72-Hour Rule: What It Means for Your Injury Case

If you delayed treatment after an accident, this guide breaks down what to do next — and how to stop the insurance company from using that delay against you.


🟧 What the Insurance Companies Don’t Want You to Know

We show you exactly how insurers try to twist your transportation, treatment, and time gaps into reasons to deny your case. Learn how to fight back.


🟥 How to Get Your NYPD Accident Report

No report, no case. This step-by-step guide explains how to get your NYPD crash report online or in person — and what to look for once you have it.


🟩 FAQs – Personal Injury Law in Plain English

Real questions from real Bronx clients — all answered in human terms. No legalese, no fluff. Just straight talk on the most confusing parts of accident cases.

© 2025 Matthew Marchese P.C. All Rights Reserved

Law Firm of Matthew Marchese, 2403 East Tremont Avenue, Bronx, NY, 10461

The information on this website is for general information purposes only. Nothing on this site should be construed as legal advice in any particular case. The information does not create an attorney-client relationship. Attorney advertising. Prior results do not guarantee a similar outcome.

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© 2025 Matthew Marchese P.C. All Rights Reserved

Law Firm of Matthew Marchese, 2403 East Tremont Avenue, Bronx, NY, 10461

The information on this website is for general information purposes only. Nothing on this site should be construed as legal advice in any particular case. The information does not create an attorney-client relationship. Attorney advertising. Prior results do not guarantee a similar outcome.