How Long Do I Have To Sue After A Car Accident?

In New York, car accident victims have a limited amount of time to file a lawsuit seeking compensation for their injuries. This time limit ― otherwise known as the statute of limitations ― can vary greatly depending on the parties involved, the injuries sustained and how long it takes you to realize the full extent of your damages.

For instance, under New York law, you generally have three years from the date of your car accident to file a personal injury lawsuit. This same time period applies if you are only seeking compensation to cover property damage such as damage to your car. However, if a loved one has died in a car accident, you only have two years to file your wrongful death claim. Keep in mind, this two-year deadline begins to run on the date your loved one passes away, which may be different from the date of the crash.

In addition, if your car accident injury occurs as a result of negligence by a city or government employee or agency, you may only have 90 days to file your claim ― meaning you need to act fast.

However, regardless of which statute of limitation applies to your situation, one thing remains the same: If you fail to file your lawsuit within the time allowed, your claim may be dismissed, even if the facts are on your side.

Beware, No-Fault Insurance Coverage Has Additional Time Constraints

If you are injured in a motor vehicle accident in New York, you may be entitled to file a claim against the insurance company of the vehicle involved, regardless of who is responsible for the accident. Otherwise known as a no-fault insurance coverage, these claims can be filed by almost anyone harmed in the car crash, including the driver of the vehicle, any passengers and even injured pedestrians or bicyclists.

However, there are certain things you should know about no-fault claims. First, no-fault insurance generally pays for only your medical expenses and lost wages ― it does not cover car damage or pain and suffering, you will need to file a separate lawsuit in order to seek those damages, but only if you qualify.

Also, you typically only have 30 days from the date of your accident to file your application for no-fault benefits with the appropriate insurance company. Even if you think you may get better soon, it is crucial to timely file this application in order to protect your rights later.

Get Legal Help Today Before It Is Too Late

Whether you are a driver, passenger, pedestrian, bicyclist or motorcycle rider, you need to seek compensation for your injuries if you are involved in an accident caused by a negligent motorist. At the law firm of Keogh Crispi, our experienced attorneys can explain which legal options may be available and help make sure your claim is filed on time.

Every situation is different, which is why it is always best to contact a lawyer as soon as possible. Your time may be running out and you don't even know it. Contact us today and let one of our attorneys help you hold negligent drivers accountable for their actions.

You can call us at 212-518-2417, or reach out to us online. We offer free consultations and will visit you at your home or in the hospital if you are unable to make it to our office.