After a car accident, injured people have a certain amount of time to file a lawsuit to recover compensation in New York. This deadline can vary based on multiple factors.
In New York, the standard legal deadline for filing a lawsuit after a car accident is three years from the date of the accident. Missing this deadline almost always results in losing the ability to recover compensation. After a crash, working with a skilled New York car accident lawyer is critical to ensure you file all paperwork on time so you don’t miss out on potential damages.
Quick Links
- Does the Deadline Change Depending on the Type of Claim?
- Exceptions to the New York Car Accident Statute of Limitations
- Why It’s Critical Not To Wait Until the Last Minute
- What Happens If You Miss the Statute of Limitations Deadline?
- How an Auto Accident Lawyer Can Help You Protect Your Rights
- Frequently Asked Questions About New York Car Accident Deadlines
- Meet Our Auto Accident Attorneys
Does the Deadline Change Depending on the Type of Claim?
Statutes of limitations are laws that dictate how long after certain events a lawsuit may be filed based on those events. In New York, the statute of limitations for car accident lawsuits differs depending on the severity of the injuries involved, who the suit is being filed against, and more. Understanding how the statute of limitations affects your case is crucial so you don’t miss the deadline to file a claim.
Personal Injury Claims
The general statute of limitations for car accidents in New York is three years from the date of the accident, meaning you have three years after a crash to file a lawsuit. However, there are exceptions to this rule.
New York operates under a no-fault car insurance system, meaning drivers must file claims with their own insurance company regardless of who was at fault for the accident. The right to file a lawsuit against the at-fault party is restricted to cases involving serious injuries.
Property Damage Claims
Under state law, the statute of limitations for property damage lawsuits is three years from the date of the damage.
Wrongful Death Claims
Wrongful death claims have a shorter statute of limitations than typical car accidents, but the two-year deadline for these claims starts from the date of the death, not the date of the accident. If your loved one did not die at the scene of the crash but passed away from injuries later, the countdown would begin on their date of death.
Exceptions to the New York Car Accident Statute of Limitations
There are several legal exceptions to New York’s typical three-year car accident statute of limitations, including cases against government entities, cases involving minors, and more.
Wrongful Death Claims
The City of New York must be given proper legal notice within a certain window from the date of the accident, incident, or injury, before any lawsuit is filed. If you are filing a car accident lawsuit against a government entity—for example, if a hazard on the road caused your crash or you collided with a government vehicle—you must file a notice of claim with the involved municipality within 90 days. After filing the notice of claim, you have one year and 90 days from the date of the injury/accident to file a lawsuit.
If the crash resulted in a wrongful death, you have 90 days from the appointment of a representative of the decedent’s estate to file a notice of claim with the city.
Minor Plaintiffs or Incapacitated Individuals
Under New York law, the statute of limitations for car accident lawsuits can be extended for minors or those who are mentally incapacitated. For minors, the statute of limitations is tolled until they turn 18. The three-year countdown begins on their 18th birthday, meaning they typically have until age 21 to file a car accident lawsuit. For those deemed incapacitated, the statute of limitations can be tolled until three years after the disability ceases.
Hit-and-Run or Uninsured Motorist Claims
If you’re involved in a crash with an uninsured or underinsured driver—or in a hit-and-run where the at-fault driver can’t be identified—you must report the accident to your insurance company within 90 days. Timely reporting is required to access uninsured/underinsured motorist (UM/UIM) coverage as well as personal injury protection (PIP) benefits, which can help cover medical expenses and lost income.
Why It’s Critical Not To Wait Until the Last Minute
Over time, evidence like witness statements, surveillance video, dashboard camera footage, and vehicle damage may be more difficult to access or can disappear completely. Acting quickly after an accident ensures you can gather as much evidence as possible for your claim, giving you the best chance of success. The sooner you start the legal process, the more time you and your car accident attorney will have to build a strong case to maximize your chances of recovering compensation.
What Happens If You Miss the Statute of Limitations Deadline?
In New York, courts will usually dismiss late-filed cases, and you could permanently lose your right to seek compensation for your injuries and other losses. For this reason, it’s critical to file your claim within the applicable statute of limitations.
How an Auto Accident Lawyer Can Help You Protect Your Rights
Built on the principles of personalized client care and an aggressive litigation strategy, Meirowitz & Wasserberg is a nationally recognized personal injury law firm made up of award-winning trial attorneys. We have successfully handled hundreds of car accident lawsuits and recovered more than $500 million in settlements and verdicts for our clients. Our attorneys strive to secure the maximum possible compensation for every client, all while providing personal attention to each case.
If you or a loved one has been involved in a car accident in New York and wants to learn more about your legal options, Meirowitz & Wasserberg can help. Our experienced New York car accident attorneys will work with you to evaluate your case timeline and ensure all necessary paperwork is filed on time. For a free consultation, contact us online or by calling 800-726-6326, extension 123.
Frequently Asked Questions About New York Car Accident Deadlines
Hit-and-Run or Uninsured Motorist Claims
Even if you don’t feel hurt after a car accident, it’s best to get checked out by a medical professional as soon as possible anyway. This can help establish a link between the accident and your injuries, even if they don’t manifest until later. Delaying treatment makes it more difficult to prove that your injuries were caused by the accident.
How Long Do I Have To Report a Car Accident to My Insurance?
Under New York’s no-fault car insurance laws, drivers must notify their insurance company promptly after an accident to qualify for no-fault benefits, including medical coverage and reimbursement for lost wages. You have 30 days from the accident date to provide notice to your insurer under state law, but it’s best to report within 24 hours of the crash or as soon as possible.
Can I Sue After Settling With an Insurance Company?
Generally, settling with an insurance company after a New York car crash means you cannot also file a lawsuit against the other party for the same accident. However, if multiple at-fault parties were involved in the crash and you only settled with one, you may be able to file a lawsuit against another liable party if your injuries are serious.
Is the Statute of Limitations the Same for Passengers and Drivers?
The statute of limitations for car accidents in New York applies to everyone involved in the accident, including all passengers and drivers.
