New York Instacart Scooter Depositions: 3 Myths

The legal world of Instacart Scooter accidents in New York is full of bad information, especially when it comes to getting ready for a deposition. Getting these details right can completely change the outcome of your personal injury claim.

Myth 1: Your deposition is just a formality. The insurance company already knows everything.

This is probably the most dangerous myth out there. A lot of people figure that since they’ve already given a statement or sent in medical records, the deposition is just a box-checking exercise. That’s completely wrong. A deposition in New York is formal testimony you give under oath, with a court reporter typing every word, and it’s often videotaped. It’s a discovery tool for the opposing lawyer to gather facts, see if you’re a believable witness, and find weak spots in your case. They are hunting for any inconsistency or exaggeration they can use to attack your claim down the road. For example, if you say you can’t lift more than five pounds, but they find a social media picture of you carrying a heavy bag of groceries (even if it was a one-time thing and it hurt like hell), they will use that discrepancy against you. The defense attorney isn’t your friend and isn’t there to hear your sad story. Their only job is to protect their client, which means paying you as little as possible or blowing up your credibility. Every single question they ask has a purpose. They might grill you about your hobbies before the accident, your medical history from 20 years ago, or what you do every day now. What you say gets locked in as a permanent record, and any change from that record at trial can sink your entire case. We’ve seen claims torpedoed by something as small as misremembering the color of a traffic light, which the other side used to paint the person as an unreliable narrator. They’re not just asking trick questions. They’re digging for facts and trying to build their own version of the story.

Myth 2: You should try to remember every single detail, no matter how small.

While being specific is good, obsessing over tiny, irrelevant details can backfire. After a traumatic event like an Instacart scooter accident, your memory isn’t a video camera. If you try to invent details or just guess when you’re not sure, you’ll create inaccuracies that the opposing lawyer will jump on. For instance, if they ask how fast the scooter was going and you weren’t staring at a speedometer, it’s much better to say, “I believe it was going around 25 miles per hour, but I can’t be precise,” than to confidently state “27 miles per hour” when you’re just pulling a number out of thin air. You have to be honest about what you remember and, just as importantly, what you don’t. It’s perfectly fine to say “I don’t recall” or “I don’t know the exact time, but it was in the afternoon.” The main thing is to avoid guessing. You need to focus on the big stuff: how the crash happened, the immediate pain you felt, the doctors you saw, and how the injuries have affected your ability to live and work. Before your deposition, your attorney will sit down with you and go over all the key documents, the police report, your medical records, photos, and videos. This process jogs your memory on the provable facts and gets you ready to answer questions confidently. Don’t be afraid to admit you’re not sure about something that isn’t central to what happened.

Myth 3: You should volunteer extra information to make your case stronger.

A lot of well-meaning people fall right into this trap. You might want to explain your answers, thinking that more detail will make things clearer or get you some sympathy. A deposition isn’t your chance to tell your life story or give your personal opinions. The number one rule for a deposition is to answer only the question you were asked. Then stop talking. If the question is a “yes” or “no” question, answer “yes” or “no.” If you need to give a short explanation, provide only the bare minimum. Every extra word you say that wasn’t asked for just gives the defense lawyer more ammunition and opens up new lines of questioning. For example, if they ask, “Did you get medical attention right after the accident?” a simple “Yes, I went to the emergency room at NewYork-Presbyterian Hospital on East 68th Street” is a complete answer. Don’t go on a tangent about the long wait time, the doctor you saw, or how you’re fighting with the billing department now. Those details, while true, weren’t asked for and just muddy the waters. Your attorney will prep you on what’s relevant and how to say it. This is about strategic communication in a very formal legal fight.

Myth 4: If you’re an Instacart driver, your status as an independent contractor means you have no claim.

The legal status of gig workers, like Instacart scooter operators in New York, is a messy and constantly changing part of the law. For years, gig companies have called their workers independent contractors to dodge liability for things like workers’ compensation. But that doesn’t mean you can’t pursue a personal injury claim if someone else’s negligence gets you hurt, whether it was another driver, a pedestrian, or a problem with the scooter itself. New York, in particular, has been challenging these classifications. The NY State Department of Labor, for instance, has already started reclassifying some gig workers as employees for unemployment insurance purposes. While the rules for personal injury liability are different from workers’ comp, the “independent contractor” label is not a get-out-of-jail-free card for companies. You may absolutely have a claim against the person who caused the accident. Depending on how the crash happened and the details of your contract with Instacart, there might even be arguments to hold them responsible too. Even as an independent contractor, you’re still entitled to recover money for your medical bills, lost income, and pain and suffering from the party at fault. Don’t let the job title make you think you have no options. An experienced personal injury lawyer can cut through the confusion and find all possible sources of compensation.

Myth 5: You don’t need to prepare for the deposition if you’re telling the truth.

Telling the truth is the baseline, but just showing up and winging it is a terrible idea. The truth, when it’s disorganized and you’re not prepared to tell it, can come out all wrong and be easily twisted. Prepping for your deposition makes sure your true story is told clearly and consistently. Think about it: an actor knows their lines, but they still rehearse how to deliver them, their blocking, and their timing. You know what happened to you, but you have to practice telling that story under the pressure of a formal legal proceeding. When you prep with your attorney, you’ll go over a few things. First, you’ll review the key documents again: medical records, the accident report, pictures, and any emails or texts about the incident. This ensures your story matches the written evidence. Second, your lawyer will walk you through the kinds of questions you can expect and the tactics the other side will use. This lets you think through your answers ahead of time. Third, you’ll do a practice run, answering the tough questions and learning how to handle it when your lawyer objects. This will help you stay cool and confident. Finally, you’ll talk about how to dress, how to behave, and how to avoid falling into common traps like guessing or getting into an argument with the other lawyer. A prepared witness, even a nervous one, comes across as credible and strong. The truth isn’t enough. You have to present it effectively. For complex claims like Instacart Scooter accidents in New York, good deposition prep isn’t just a good idea, it’s essential to protect your rights and make sure your story gets heard. Augusta Recorded Statements: Rider Rights in 2026 has more on how to protect yourself when giving testimony.