Car Accident Statute Of Limitations In New York

by ECL Writer
Car Accident Statute Of Limitations In New York

Car accidents are a common occurrence on the roads of New York, and the aftermath can be overwhelming for those involved. In the aftermath of a car accident, it’s essential to understand the state’s statute of limitations for filing a personal injury or property damage claim. This Eastcoastlaws.com article will provide a comprehensive overview of the statute of limitations for car accidents in New York, including the relevant laws and exceptions, and how they may impact your rights to compensation. Whether you’re the victim of a car accident or the driver who caused the accident, it’s important to understand the time limits for taking legal action, so you can protect your rights and seek the compensation you deserve.

What Is Car Accident Law In New York State?

Car accidents are governed by a complex set of laws in New York State, which determine how claims for personal injury and property damage are processed and resolved. These laws are designed to protect the rights of drivers, passengers, and other parties who are involved in car accidents and to provide a means of compensating those who are injured or who suffer damage to their property.

In New York, car accidents are governed by a “no-fault” insurance system, which means that each driver’s own insurance policy will pay for their medical expenses and property damage, regardless of who caused the accident. However, there are exceptions to this rule, and if the accident resulted in serious injury, death, or significant property damage, the affected parties may be able to file a lawsuit to seek additional compensation.

In order to pursue a personal injury claim in New York, the injured party must prove that the other driver was at fault for the accident. This means that they must show that the other driver was negligent, reckless, or engaged in some other form of misconduct that caused the accident. The most common forms of negligence in car accidents include reckless driving, drunk driving, and distracted driving.

If you’re involved in a car accident in New York, it’s important to gather as much information as possible about the incident, including the names and contact information of any witnesses, the license plate numbers of the vehicles involved, and any photos or videos of the scene. You should also seek medical attention as soon as possible, even if you don’t think you’re seriously injured, as some injuries may not become apparent until later.

Car Accident Statute Of Limitations In New York

In New York, the statute of limitations for filing a personal injury claim related to a car accident is three years from the date of the accident. This means that if you were injured in a car accident, you have three years from the date of the accident to file a lawsuit against the responsible party. If you fail to file your lawsuit within three years, you may be barred from recovering compensation for your injuries.

According to New York Civil Practice Law and Rules (CVP) § 214, the statute of limitations for personal injury claims in New York is as follows:

“An action to recover upon a contractual claim or liability, express or implied, shall be commenced within six years.”

However, the statute of limitations for personal injury claims arising from car accidents is subject to a more specific rule under New York Insurance Law § 5106:

“An action to recover first-party no-fault benefits shall be commenced within three years after the occurrence of the accident.”

This means that if you were involved in a car accident in New York, you have three years from the date of the accident to file a claim for personal injury compensation, regardless of whether the claim is made against your own insurance company or against the insurance company of the other driver.

In order to protect your rights and ensure that you are able to recover the full compensation that you are entitled to, it’s important to seek the advice of an experienced car accident attorney as soon as possible after the accident. Your attorney can help you understand your rights and options, gather evidence to support your claim, and negotiate a settlement or litigate your case, if necessary.

Wrongful Death Lawsuit Deadline

The two-year window following the date of the decedent’s death is when the family or other representative of the decedent who passed away wants to commence a New York wrongful death action against the driver who caused the collision (and keep in mind that the date of the death might be different from the date of the accident). This statute of limitations can be found at New York Estates, Powers & Trusts law section 5-4.1.

Exceptions To Car Accident Statute Of Limitations In New York

There are several exceptions to the car accident statute of limitations in New York that may affect your ability to recover compensation for your injuries. Some of the most common exceptions include:

  • Minors: If you were a minor at the time of the accident, the statute of limitations may be extended until you reach the age of 18. This means that you may have additional time to file a claim for compensation, even if the three-year statute of limitations has passed.
  • Incapacity: If you are legally incapacitated at the time of the accident, the statute of limitations may be tolled, or delayed, until you regain capacity. This means that the three-year time limit may not begin until you are able to take legal action on your own behalf.
  • Discovery of Injury: If you were unaware of the extent of your injuries at the time of the accident, the statute of limitations may be tolled until you discover, or should have discovered, the full extent of your injuries.
  • Fraud or Concealment: If the responsible party has engaged in fraudulent or misleading conduct that has prevented you from discovering the true extent of your injuries, the statute of limitations may be tolled until you discover the fraud or concealment.
  • Governmental Immunity: If the responsible party is a government entity or employee, the statute of limitations may be extended due to the rules regarding governmental immunity. In such cases, it’s important to seek the advice of an attorney as soon as possible, as the rules for pursuing a claim against the government can be complex and time-sensitive.

It’s important to note that these exceptions to the car accident statute of limitations in New York are complex and may be subject to varying interpretations. If you believe that one of these exceptions may

How To File For Car Accident Claims In New York

If you have been involved in a car accident in New York and have suffered injuries or damages, you may be entitled to compensation. To file a claim, you will need to take the following steps:

  • Gather Evidence: As soon as possible after the accident, gather any evidence you can that will support your claim. This may include photos of the scene, witness statements, medical records, and any other relevant documentation.
  • Report the Accident: Report the accident to the police as soon as possible and obtain a copy of the police report. This report can provide important information about the cause of the accident and may be used as evidence in your claim.
  • Notify Your Insurance Company: Notify your insurance company of the accident as soon as possible. If you have no-fault insurance coverage, your insurance company should provide you with compensation for your medical expenses and lost wages, regardless of who was at fault for the accident.
  • Contact a Personal Injury Attorney: Consider contacting a personal injury attorney to help you navigate the process of filing a car accident claim in New York. An attorney can help you understand your rights and options, gather evidence to support your claim, and negotiate a settlement or litigate your case, if necessary.
  • File a Claim: Once you have gathered all of the necessary evidence and have obtained the advice of an attorney, you can file a claim for compensation. This may involve negotiating a settlement with the insurance company or filing a lawsuit in court.
  • Prove Your Damages: In order to recover compensation, you will need to prove that you have suffered damages as a result of the accident. This may involve providing medical records and other documentation to support your claim.

It’s important to understand that the process of filing a car accident claim in New York can be complex and time-sensitive. To ensure that you receive the full compensation that you are entitled to, it’s important to take action as soon as possible after the accident and to seek the advice of an experienced personal injury attorney.

What If I Miss The Status Of the Limitations Deadline

If you attempt to file your lawsuit in New York, as in every state, after the statute of limitations period has gone, the court will almost surely decline to consider it. Understanding how the deadline applies to your case is crucial, for this reason.

Even if you are certain that your case will be settled through the insurance claim procedure, it is always a good idea to give yourself enough time, strategically speaking, to file a car accident lawsuit if necessary. You will, at the very least, have more negotiating power if you do this.

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