What You Need to Know About New York Statute of Limitations for Car Accidents

What You Need to Know About New York Statute of Limitations for Car Accidents
Calendar icon August 15, 2023

If you were hurt in a car accident caused by another person’s negligence, you may be entitled to compensation for your injuries. However, it’s important to understand that certain deadlines must be met for your claim to move forward. 

New York imposes a strict statute of limitations for car accidents, and injury victims must comply with these deadlines in order to collect damages from the party who injured them. Here’s what you need to know about New York’s statute of limitations if you’ve been involved in a car accident. 

What You Need to Know About New York Statute of Limitations for Car Accidents

What Are Statutes of Limitations?

Statutes of limitations refer to how long an injury victim has to file a lawsuit against the party who caused their injuries. Generally, a case can no longer be brought to court after the statute of limitations expires.

Statutes of limitations are set in place to require that legal action is filed within a timely matter to ensure witness and victim accounts are as accurate as possible. This, in turn, helps to avoid fraudulent claims being brought in court. 

If an injury victim attempts to bring forth a personal injury claim from a car accident after the statute of limitations expires, it will be time-barred, and a lawsuit cannot move forward. 

How Long After A Car Accident Can You File An Injury Claim in NY?

In New York State, car accident victims typically have 3 years from the date of the accident to file a claim for a personal injury. However, there are certain circumstances in which the statute of limitations may be shortened. Typically, the following deadlines to file a personal injury lawsuit will apply, depending on the circumstances of the case:

Lawsuits Against Individuals

 If you have been injured by a negligent individual, even those who were operating a commercial vehicle, the statute of limitations is 3 years from the date of the accident to bring forth a suit against said individual. 

New York drivers must carry what is known as “no-fault” insurance, and they can use this coverage to help pay for medical bills and lost wages up to $50,000. However, the deadline for filing a no-fault insurance claim is generally 30 days from the date of the accident. 

Lawsuits Against Municipalities

If your claim involves a municipality, special rules and shortened statutes of limitations apply. For example, if you intend to bring legal action against a municipality in New York, you have 90 days to file a Notice of Claim.

It’s important to note that this document must first be filed in order to pursue a personal injury suit against said municipality. In total, you have 1 year and 90 days from the date of the accident to file a suit against a municipality in New York.

Wrongful Death Claims 

If a loved one has passed away as a result of a car accident that a negligent individual caused, you have 2 years from the date of their death to file a wrongful death lawsuit against that party. 

Again, you will have 30 days from the date of their accident to file an application for no-fault benefits to help cover costs for any medical bills related to their accident or missed wages.

An attorney can assist you in determining when the statute of limitations expires based on the circumstances of your claim. It is always best to seek legal assistance as soon as possible to avoid any risk of failing to file a claim before the statute of limitations expires. 

Exceptions to New York’s Statute of Limitations

Typically, the statute of limitations is a hard and fast rule to prevent frivolous lawsuits. However, there are certain circumstances in which there are exceptions to the applicable statute of limitations:

Victims Are Under The Age of 18

Under New York’s Civil Practice Laws, minors under the age of 18 and those with legal disabilities that prevent them from exercising their legal rights can be given an extension on filing deadlines. Typically, the statute of limitations “clock” will begin to run once the minor turns 18 years old. 

Defendant Leaves New York State

New York State has measures to protect an injury victim in the event that the defendant attempts to shirk their legal responsibility by leaving the state for an extended period of time after the accident. If the person who caused an injury to another leaves the state for at least 4 continuous months within the original statute of limitations, the injured party may be entitled to an extension of the statute. 

Major Events

Major historical events that have an effect on the legal and court systems can temporarily pause the “clock” for the statute of limitations. For example, during COVID-19, lockdown rules forced courthouses to close down and limited face-to-face meetings. Because of this, civil claims were tabled, and the statute of limitations was temporarily paused. 

Working With An Experienced Car Accident Attorney

Understanding the statute of limitations after a car accident is crucial to filing a claim for damages. Working with an experienced car accident attorney will ensure that filing deadlines are met and that your rights as a victim are protected. 

At Cellino Law, our attorneys have decades of experience working with car accident victims across New York State. Each car accident case is unique, and our attorneys work to ensure that each client receives the best possible outcome. To request a free case consultation with a legal team member, call us at 800-555-5555.

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • We'd like to thank you for all the assistance and time you spent on our case. Your professionalism and honesty will always be appreciated. The staff was always courteous and we were always impressed with your accountability. Your passion and dedication will never be forgotten, nor will you.

    Sarah

  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.

    Walter

  • I want to thank your law firm for settling my lawsuit where others failed. You treated me with the utmost respect and care, because of your law firm the dream of owning my own home finally came true. For the first time in a long time, we're living out our dream home. Thank you a million times over. Thank you for making my dream come true.

    Marcy

  • Thank you for your efforts on my behalf. I am very pleased (and surprised) at the amount of the settlement. We will use the funds to help pay down the debt on the truck we had to purchase after ours was totaled. Thank you again.

    Linda

  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

    Veola

  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

    Anthony