What Is The Statute Of Limitations On A Car Accident In New York?
In most cases, the statute of limitations on a car accident in New York is three years. However, the amount of time you have to file a lawsuit against the other drivers can vary.
If you attempt to file a lawsuit outside of this time limit, you will likely be unable to recover compensation.
How long ago did your car accident take place? Speak to a car accident attorney to protect your right to recover compensation.
The Time Limit Is Different If You Are Filing on Behalf of Someone Who Died
If your loved one died as a result of the car accident, the type of lawsuit you are filing against the liable party changes.
Instead of a personal injury lawsuit, you will file a wrongful death action.
You must file a wrongful death action within two years of your loved one’s death, per EPT § 5-4.1. Keep in mind, the date of your loved one’s death may differ from the accident date.
Again, attempting to file outside of the two-year limit for a wrongful death car accident will prompt the court to dismiss your case. This will leave you unable to pursue justice for your loved one’s death.
Exceptions to the Statute of Limitations for a Car Accident
There is one notable exception to the statute of limitations. If the injured party is a child, they have until three years after their 18th birthday to file a lawsuit. This is known as “tolling” (i.e., pausing) the statute of limitations.
If a child injured in a car accident fails to file a lawsuit by their 21st birthday, they will be unable to recover compensation.
Note: In some cases, such as those involving the liability of a governmental entity the statute of limitations and other applicable deadlines can be significantly shorter. For example, in a case against a municipality or public authority, a Notice of Claim containing specific content must be served within 90 days from the date of accident. Failure to timely serve such a notice can be potentially fatal to a claim.
Remember That Other – Much Shorter! – Deadlines May Apply To Your Case
New York is a no-fault state, which means certain damages (e.g., medical expenses and lost earnings up to certain dollar amount), are, as a general rule, covered by the insurance carrier of the injured person’s host vehicle without regard to fault. (Pedestrians and bicyclists would first look to the insurance carrier of the vehicle that struck them for medical treatment costs and lost earnings). The time limit to apply for these benefits is only thirty (30) days from the date for the accident.
The team at Friedman & Simon, L.L.P. will take action on your behalf to make sure all deadlines are met and controlling statutes are complied with. Call today to learn more: 516-932-0400.
Recovering Compensation If You Share Fault for the Accident
Even if your actions played a role in the accident, you may still be able to recover compensation.
Based on New York’s comparative negligence law, a person who is partially responsible for the accident can still receive compensation for their injuries and other losses.
In such a case, the injured yet partially responsible person can potentially recover the percentage of their damages that is equal to the other party’s percentage of fault.
For example, assume (hypothetical) Driver 1 was speeding through an intersection when a car turned left in front of him. The investigation determined the other driver was 90 percent at fault for the accident. However, because Driver 1 was speeding, Driver 1 was 10 percent at fault for the accident and his injuries. Driver 1 would be able to recover 90 percent of the value of his damages. If the value of Driver 1’s case was $1,000,000.00, Driver 1 would be potentially able to recover $900,000.00.
Filing a Successful Car Accident Injury Lawsuit in New York
To file a lawsuit car accident lawsuit in New York, our team must prove the other party was negligent and, therefore, liable for the crash and the injuries you suffered.
Some examples of the other driver’s negligence may include:
- Failing to yield
- Distracted driving
- Following too closely
- Drunk driving
- Unsafe lane changes
- Reckless driving/road rage
- Drowsy driving
- Turning improperly
- Inexperienced driving
A car accident lawyer at Friedman & Simon L.L.P. can review the details of your accident and begin working on your case to prove the other party’s negligence on your behalf.
Discuss Your Options With New York Car Accident Attorney
Do not risk jeopardizing your right to recover compensation. Act quickly and get in touch with a car accident lawyer at Friedman & Simon, L.L.P.
We can determine how long you still have to file a lawsuit and begin the process in time to protect your right to compensation.
Call Friedman & Simon L.L.P. at 516-932-0400 to discuss your car accident case. We can assist you in English, Spanish, Kannada, Greek, Tamil, and Bengali. And you do not need to worry about paying upfront as we do not recover attorney’s fees unless and until we get you compensation.