Statute of Limitations for Car Accidents in New York

If you have been in a car accident in New York that was caused by another person or party, you may be able to pursue legal action. A NYC car accident lawyer can review your case and help you receive the highest and most equitable amount of compensation. It is important to contact an attorney as soon as possible as you only have a limited amount of time to take legal action in New York due to the statute of limitations.

What is the Statute of Limitations for Car Accidents in NY?

In New York, the statute of limitations for car accidents is generally three years from the date of the accident. This means that you have three years from the date of the accident to file a lawsuit seeking compensation for your injuries and damages.

If you file a lawsuit after the deadline, the defendant’s counsel will certainly file a motion to dismiss, and the court will likely grant it. This means your case is dismissed without the court even reviewing the facts of what happened in your accident.

Three years is the limit in the large majority of cases, though there are exceptions to this rule.

Discovery of Injuries

Sometimes, injuries sustained in a car accident may not become apparent immediately. In such cases, the statute of limitations begins from the date when the injury is discovered or reasonably should have been discovered. This is known as the “discovery of harm” rule.

Minors

If a minor (someone under 18 years old) is injured in a car accident, they have three years from their 18th birthday to file a lawsuit. This means that the statute of limitations is tolled (paused) until the minor reaches adulthood.

Government Entities

If the accident involves a government entity or employee, there are specific notice requirements and shorter timeframes for filing a claim. For example, a Notice of Claim must typically be filed within 90 days of the accident.

Wrongful Death

In cases where a person dies as a result of a car accident, the statute of limitations for filing a wrongful death claim is generally two years from the date of the individual’s death.

Uninsured Motorist Claims

When filing a claim under your own uninsured or underinsured motorist coverage, there may be specific deadlines outlined in your insurance policy.

Hit-and-Run Accidents

If the at-fault driver flees the scene of the accident and cannot be identified, you may have a longer period to bring a claim. This allows for a “reasonable time” to identify the responsible party.

It’s crucial to be aware of these exceptions and consult with a personal injury attorney if you’re uncertain about the applicable statute of limitations in your specific case. Failing to file a lawsuit within the relevant time frame could result in the loss of your right to seek compensation for your injuries and damages.

Call The Barnes Firm Today

Ultimately, seeking legal advice promptly after a car accident is essential to ensure that your rights are protected and that you take appropriate action within the applicable statute of limitations.

Make sure you have the proper legal representation. Make the right choice and contact The Barnes Firm today.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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