Posted on 09/16/24
After a car accident, it is critical to understand your rights to compensation. There is a statute of limitations on how long you have to take legal action. However, taking action too quickly could lead to limited compensation for currently unknown losses. Likewise, waiting too long could lead to missing evidence or a lack of witnesses. Talk to a Buffalo car accident lawyer from Towey Law, PLLC, today.
What Is the Statute of Limitations for Car Accident Claims in New York?
The statute of limitations in New York for car accidents is three years from the date of the accident. This is the length of time you have to file a personal injury lawsuit in civil court against those who caused you harm. If you wait beyond this timeframe, the at-fault party and insurance company are no longer obligated to reimburse you for these losses.
The statute of limitations for personal injury lawsuits is different from the limits on when you can file a no-fault claim with your insurance company. Insurance companies often request that you file a claim as soon as possible. Typically, in New York, you have 30 days from the date of the accident to notify the insurance company of the incident.
There are some situations where you may need longer. A good example is a person who is hurt in an accident and unconscious for a period of time. They would be unable to respond to such a claim in the appropriate length of time.
Exceptions to the Statute of Limitations in New York
There are additional reasons why you may have longer than three years to file a lawsuit in New York civil court. Specifically, you should file as soon as possible. However, there are some factors to consider:
- The victim is under the age of 18. In this situation, a minor does not have the right to exercise their legal rights after an accident. For that reason, a person hurt as a minor in a car accident has three years from the date of turning 18 to file a legal claim.
- The defendant flees the state. In some situations, the person responsible fees the state of New York. If they do this and are gone for four continuous months or more within the statute of limitations timeline, you may be given additional time to file a claim.
- Wrongful death claims. A family member or the estate of the deceased person only has two years from the date of the debt to file a legal claim against the at-fault party. You also have 30 days from the date of the accident to seek no-fault benefits.
It is critical to work with a Buffalo injury attorney who can protect your rights in these cases. If you wait too long, you miss your opportunity to file a claim. However, you do not want to rush into a claim until you know what all of your losses are. Your Buffalo car accident attorney can help you navigate the state’s statute of limitations.