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

On Behalf of | Apr 13, 2021 | Motor Vehicle Accidents |

In New York, you have a limited period of time to file a claim after a vehicle accident. If you miss the deadline, you may not receive fair compensation for your losses. The name for the time limit is called the statute of limitations.

State of limitations for New York car accidents

The statute of limitations for motor vehicle accidents in the State of New York is three years. In all cases, there is a strict three-year limit from when the accident occurs and when the victim may start their claim. If the victim files after this time limit, the defense may move to have the case dismissed. After the time limit expires, the strength of the case doesn’t play any role in determining whether it’s too late for the victim to claim compensation.

Exceptions to the time limit to file for a car accident claim

Although the general rule is that you have three years to file a claim after a car accident in New York, there are some important exceptions. If the claim involves a wrongful death, the plaintiff has only two years to file the claim. In addition, there is a very short time window of 30 days for a victim to apply for no-fault benefits. If the claim is against a government entity, like the State of New York or a municipality, the time window to give notice of the claim is much shorter.

How to determine the time to file after a car accident in New York

How long you have to file depends on the type of case, how you are claiming benefits and even the identity of the defendant. It’s important to understand that deadlines apply. When you understand the time limit in your case, you can work to meet the deadline and pursue the compensation that you deserve.