After a car accident in New York, you may face medical bills, lost wages and ongoing pain. While you recover, knowing how much time you have to take action can help you protect your options. Different types of claims have different deadlines. Missing one of these deadlines could prevent you from seeking compensation.
Understanding the statute of limitations
New York generally gives you three years to file a personal injury lawsuit after a car accident. This period applies to most personal injury lawsuits arising from injuries caused by the crash. New York courts also list three years as the general time limit for car accident and other negligence-based personal injury cases.
The three-year period generally begins on the date of the accident. If you wait too long to bring a lawsuit, the court may dismiss the case as time-barred. Once the applicable limitations period expires, you may lose the ability to pursue the claim in court.
Other exceptions can affect the filing deadline in specific situations. For example, different rules may apply when the injured person is a minor. New York law contains special provisions that can extend the limitations period for people who were under a legal disability when the claim arose. Because these exceptions depend on the facts, you may want to determine which deadline applies to your situation.
Different deadlines for different claims
Not all car accident claims follow the same timeline. Claims against a government entity can involve much shorter notice requirements. For many claims against a municipality, you generally must serve a notice of claim within 90 days after the claim arises. You may need to satisfy this requirement before bringing a lawsuit.
Claims involving New York State can follow different procedures. For certain personal injury claims caused by the negligence of a state employee, the Court of Claims Act generally requires the claim or a notice of intention to be served within 90 days. Different deadlines can apply after you serve a notice of intention.
Wrongful death actions also have a different timeline. In general, a wrongful death action must be commenced within two years of the person’s death. This differs from a standard personal injury lawsuit, which generally must be filed within three years of the date the accident occurred. If the person dies immediately, those dates are the same. If the person dies later from crash-related injuries, the wrongful death period generally runs from the date of death.
No-fault insurance claim deadlines
New York has a no-fault auto insurance system. It generally provides first-party benefits for certain economic losses after a covered motor vehicle accident. A no-fault claim is separate from a potential lawsuit against the person who caused the crash.
You generally have 30 days from the date of a crash to provide written notice of your injury to the applicable no-fault insurer. The notice should include information that identifies the injured person and describes the time, place and circumstances of the accident. An exception may apply when you provide a clear and reasonable justification for late notice.
You may also need to submit claim forms, medical bills and other documentation within specific timeframes. Check your policy and insurer’s requirements and keep copies of the documents you submit.
Protecting your interests after a car accident
Several deadlines may apply after a car accident in New York. A three-year period generally applies to personal injury lawsuits, while government claims and no-fault benefits can involve shorter notice requirements. Wrongful death actions have their own time limit.
After a crash, consider keeping copies of medical records, insurance correspondence and other documents related to your injuries. Tracking each applicable deadline can help you avoid missing an important notice or filing requirement. If you are unsure which deadline applies to your situation, consider seeking guidance about the specific facts of your claim.
