New York’s Statute of Limitations for Car Accidents: What You Need to Know

When it comes to car accidents in New York, there are times where your insurance coverage cannot compensate you for all the damages you’ve suffered. But when filing legal action, time is not on the side of the victim, as there is a strict legal deadline they need to contend with. This deadline, known as the statute of limitation, must be strictly followed, and waiting too long means you could lose your right to seek compensation. In this post, the team at Alex Yadgarov & Associates will assume the role of your Queens car accident lawyer and provide a comprehensive explanation of the statute of limitations and the steps you can take to safeguard your claim.

What is the Statute of Limitations?

The statute of limitations is a law that sets out the maximum time given for a party to initiate legal proceedings on a particular cause of action. In other words, the statute of limitations specifies the deadline before which a case must be filed. It applies for both civil and criminal actions. The specified deadline can depend on the jurisdiction and type of action. If a party fails to file their action before the deadline, they will usually lose the right to sue. The court can dismiss a claim, regardless of its merit.

What is the Statute of Limitations for Car Accident Lawsuits in NYC?

In New York, the deadlines depend on the types of action initiated and who the action is initiated against. 

When filing a personal injury lawsuit against a negligent individual, the statute of limitations is three (03) years from the date of the accident. On the other hand, if you’re filing a wrongful death lawsuit, the deadline is two (02) years from the date of the deceased’s death.

However, if you’re filing an action against a state or federal government entity, the process is different. There are two deadlines you need to contend with. First, a Notice of Claims must be filed within 90 days of the accident. This is to inform the government entity of your intention to file legal action.

After filing a notice, there is a wait period of 30 days where the government can respond to your notice and reach a settlement. However, if a settlement is not reached, you can file legal action once the 30-day wait period ends. The legal action must be filed within one year and ninety (90) days from the date of the accident.  

Are there exceptions to the statute of limitations in NYC?

In most cases, the clock on the statute of limitations starts running from the date of the accident. However, there are a few situations where the clock can stop running, giving the claimant some breathing space. Some of the instances where the statute of limitations is “tolled” include: 

• Defendant leaves the state—If the at-fault driver moves out of NYC for 4 months or more, the clock stops running until the at-fault driver returns to the state. 
• Minors—If the injured person is a minor, the statute of limitations does not run until they turn 18. 
• Mental incapacity—If the victim has been declared mentally incapacitated, the clock stops running until the incapacity is remedied. 

Why Waiting Too Long Can Hurt Your Case

While the statute of limitations is an obvious concern, it is generally accepted that waiting too long to take action can hurt your chances of securing a favorable settlement. 

That’s because evidence can deteriorate and disappear over time. Witnesses may not be able to clearly recall the details of the accident, CCTV footage can be lost, and physical evidence can deteriorate. Since evidence is the foundation of your case, not having proper evidence can make the fight for compensation an uphill battle.

Delays can also create issues with the insurance company. They will openly question the seriousness of your claim and wonder why it took so long for you to initiate legal action. Don’t forget that insurance adjusters will try their very best to reduce your settlement. 

At the end of the day, acting quickly will help protect evidence and strengthen your claim. In turn, that will improve your chances of achieving a favorable settlement. So don’t hesitate—act swiftly. 

Conclusion

If you’re planning to file legal action for a car accident in NYC, you must never forget about the statute of limitations. Even if you have a strong case, if you wait too long, you run the risk of permanently losing the right to claim compensation. However, because every accident is different, how the deadlines apply to each case can also be different. 

If you want to make sure that the statute of limitations does not negatively affect your case, getting professional legal help is a must. That’s where Alex Yadgarov & Associates can help. As your Brooklyn car accident lawyer, we can help review your case, devise a legal strategy, and fight for the compensation you deserve. Contact us today and schedule your free consultation.