The Statute of Limitations for Car Accident Claims in New York

If you’ve been injured in a car accident in New York, you may be wondering how long you have to file a lawsuit, which is sometimes necessary to recover the full amount of compensation after a serious injury. Understanding the statute of limitations is crucial because failing to act within the required time frame can mean losing your right to seek compensation. Below, we explain the deadlines and key exceptions to keep in mind when pursuing a car accident claim in New York. If you or a loved one has been seriously hurt in a car accident in NYC, contact Leandros A. Vrionedes, P.C., to visit with an experienced and successful New York City car accident lawyer.

What Is the Statute of Limitations?

A statute of limitations is the legal deadline by which a lawsuit must be filed. In New York, the statute of limitations for car accident claims varies depending on the nature of the case and who is involved. Generally speaking, if you were injured in a car accident, you have three years from the date of the accident to file a lawsuit against the at-fault party under New York Civil Practice Law & Rules (CPLR) Section 214. This rule applies to “serious injuries” that fall outside of New York’s no-fault insurance system. For non-serious injuries, you must file for no-fault benefits within 30 days of the accident to secure your right to those benefits.

In contrast to the three-year statute for injury claims, if the accident resulted in the death of a loved one, the deceased’s personal representative only has two years from the date of death to file a wrongful death lawsuit. Note that this statute of limitation begins on the date of death and not the date the accident occurred, which could be earlier than the date of death.

Special Considerations for Government Entities

If your accident involved a government vehicle, such as a city bus or police car, different rules apply. Claims against New York state or municipal entities must follow a strict process beginning with a Notice of Claim delivered to the appropriate government agency. You must file this Notice of Claim within 90 days of the accident. After filing the notice, you typically have one year and 90 days from the accident date to file a lawsuit.

Exceptions That May Extend the Deadline

Certain circumstances may toll (pause) or extend the statute of limitations, including:

• Minors: If the injured party is under 18 at the time of the crash, the statute of limitations does not begin until they turn 18. However, claims against government entities must still comply with the 90-day Notice of Claim requirement.
• Incapacitation: If the victim is mentally or physically incapacitated due to the accident, the statute of limitations may be extended.

Act Fast to Protect Your Rights

Waiting too long to file a claim can result in losing your ability to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. Evidence can also become harder to collect as time passes. To ensure your claim is handled properly, consult an experienced New York car accident attorney as soon as possible. Even if you think the deadline has passed, it is still often worthwhile to consult a lawyer to be sure. Most personal injury attorneys offer a free initial consultation, so it won’t cost you anything to speak to a lawyer and find out whether you have a case or not.

Also, it is important to keep in mind that many car accident claims can be resolved without the necessity of filing a lawsuit. That said, the ability to file in court if necessary can act as a strong incentive for insurance companies to settle earlier for a reasonable amount, which is why it is important to preserve your rights to file a claim and act within the required timeframe.

Contact Leandros A. Vrionedes for Help After a Car Accident in New York City

At Leandros A. Vrionedes, P.C., we have decades of experience helping car accident victims pursue the compensation they deserve. If you’ve been injured in a car accident, don’t wait—contact us today for a free consultation.