How much time do I have to file a car accident claim in New York?

| Oct 15, 2021 | Motor Vehicle Accidents |

If you suffer an injury in a car accident due to someone else’s unlawful actions, you may be eligible for compensation for your damages. However, it is important that you understand that New York State has several deadlines that car accident victims must meet to obtain the compensation they deserve for their injuries and property damage. 

If you are hurt in a car accident in New York, you can sue the at-fault party for compensation for your treatment expenses as well as other damages. But, you must file your claim within the set timeline known as the statute of limitations. 

New York’s personal injury statute of limitations

According to New York law, you have three years from the date of the accident to file a personal injury lawsuit against the negligent party. And since New York is a no-fault state, the accident victim must first file a claim with their own insurance company before suing the other party. The only exemption to this law is when the victim sustains a serious injury, which falls under any of the following categories:

  • Bone fractures
  • A full disability that lasts 90 days or longer
  • A significant disfigurement
  • A permanent limitation on bodily function, a body system or use of an organ

You have three years from the date of your accident to file a personal injury claim or lawsuit if your injury meets the definition of a serious one or you are dissatisfied with your insurance company’s settlement offer. Your case will likely be rejected if you file your claim after this deadline.

The impact of a personal injury following a car accident can stay with you for years. If you have been hurt in a car accident due to another party’s negligence, it is important that you know how much time you have to file a personal injury lawsuit for your damages.