Generally speaking, personal injury claims following a car accident may be filed in a New York court up to 3 years after the incident. However, different claims may arise from car accidents – depending on which parties are involved and the outcome of the accident.
According to the New York State Department of Health, there are about 292 deaths caused by motor vehicle accident injuries annually. These deaths have the highest incidence in male New Yorkers aged 65 and older; followed by New Yorkers ages 20-24. While New York is a no-fault state, excessive economic and non-economic damages may be pursued by injured individuals from liable negligent parties. Let’s take a closer look.
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Different Types of Car Accident Claims and Their Deadlines
It's important to note that while the type of accident doesn't typically change the statute of limitations, the severity of injuries, the parties involved, and the specific circumstances of the accident can affect legal strategies and claim processes. Here are different claims that may arise following a car accident:
- Personal Injury Claim: If you were injured in a car accident and want to file a personal Injury lawsuit against the at-fault party, you generally have three years from the accident date to do so.
- Property Damage Claim: If you only want to file a claim for property damage (such as damage to your vehicle), you also have three years from the date of the accident to file a lawsuit.
- Claim Against the Government: If your accident involved a vehicle owned by a city, county, or state government agency, you must file a notice of claim within 90 days of the accident. After filing the notice, you have one year and 90 days to file a lawsuit.
- Wrongful Death: If a loved one dies in a car accident, the personal representative of their estate has two years from the date of death to file a wrongful death lawsuit.
Why Do Statutes of Limitations Exist for Car Accident Claims?
The statute of limitations aims to ensure that legal matters are handled promptly and efficiently and to protect both the plaintiff (the person filing the claim) and the defendant (the person against whom the claim is filed).
Without the statute of limitations, the legal system could be burdened with out-dated, difficult-to-prove cases. The following are the statute of limitations's further defined purpose:
Preservation of Evidence | Setting a deadline encourages plaintiffs to file claims while evidence remains fresh and available. |
Judicial Efficiency | Deadlines ensure that claims are dealt with efficiently and that court resources are focused on more recent and relevant matters. |
Encouraging Prompt Resolution | Statutes of limitations motivate plaintiffs to pursue their claims diligently and not delay the legal process unnecessarily. |
Providing Closure | Without a statute of limitations, potential defendants would be indefinitely uncertain about whether they might face a lawsuit in the future. |
Balancing Interests | Statutes of limitations strike a balance between providing sufficient time for plaintiffs to discover and file legitimate claims and protecting defendants from having to defend against stale claims. |
Exceptions to the New York State's Statute of Limitations
Although New York's statutes of limitations impose strict deadlines for submitting claims for car accidents, there are a few exclusions that might prolong or modify these deadlines:
Exceptions | Explanations |
Absence from State | If the defendant departs from the state and remains continuously absent, the period of absence is not a part of the time within which the action must be commenced. |
Plaintiff is a Minor | If the injured person is a minor (under 18 years old), the statute of limitations may be extended, and the clock may not start until the plaintiff turns 18. |
Plaintiff is Mentally Incapacitated | If the injured person is mentally incapacitated at the time of the accident, the statute of limitations may be extended until their mental capacity is restored. |
Government Entities | Claims against government entities, such as municipalities or state agencies, may have different time limits and requirements, such as the need to file a notice of claim before filing a lawsuit. |
The exceptions in a statute of limitations must be thoroughly understood, as it could help your case if the aforementioned rulings are applicable. Talk with our personal injury lawyers to avoid mistakes in your case procedures.
What Happens If the Statute of Limitations Expires in New York?
Once the statute of limitations expires for a car accident claim in New York, it can have serious consequences for the plaintiff seeking compensation. Here's what can happen:
- Filing a late lawsuit may result in your case being time-barred by the statute of limitations.
- Plaintiffs lose the ability to recover compensation.
- Limited exceptions may extend the statute of limitations but don't apply automatically.
- Prevent plaintiffs from recovering compensation from insurance companies.
To avoid the consequences of an expired statute of limitations for a car accident claim, follow these actionable steps:
Step 1: Notify the police and file an accident report immediately. |
Step 2: Collect information at the accident scene, including: - Photos of the damage - Witness contact information - Other driver's insurance and contact details. |
Step 3: Inform your insurance provider about the accident promptly. |
Step 4: Contact an experienced car accident lawyer as soon as possible to discuss your case. |
Step 5: Keep records of relevant information related to your accident and claim. - Medical bills - Proof of treatment - Car repair estimates - Communications with insurance companies |
Step 6: Follow your attorney's advice to maximize your chances of a successful outcome. |
Through these proactive steps, you can protect your legal rights, improve your chances of getting the money you're due, and avoid jeopardy if the statute of limitations runs out.
Don't let time pass by without talking to our experienced car accident lawyer. Schedule your free consultation to guide you through the legal process, help you understand your rights, and ensure your claim is filed within the required time limits.
How Much Compensation Can Be Recovered for a Car Accident in New York?
Compensation for car accidents in New York depends on the method pursued. The amount may differ if the victim files for a no-fault insurance claim and/or personal injury lawsuit.
No-fault Insurance Claims
Your car insurance company will cover your medical expenses, lost wages, and certain other damages up to your policy limit, regardless of who was at fault for the accident. This is known as Personal Injury Protection (PIP) coverage, and it consists of the following:
- 80% of lost earnings, up to $2,000/month for three years, subject to offsets for New York disability, Worker's Compensation, and Social Security disability. - Up to $25/day for one year to cover expenses like household help and medical transportation. - $2,000 death benefit in addition to the $50,000 basic No-Fault limit. |
However, a person may be ineligible for No-Fault benefits if they were:
- Driving while intoxicated or impaired by drugs (except for emergency health services)
- Intentionally causing their injuries
- Riding an ATV or motorcycle
- Committing a felony
- In a known stolen vehicle
- Owner of an uninsured vehicle
Personal Injury Lawsuits
If your injuries are serious enough to meet certain thresholds, you may be able to step outside the no-fault system and bring a personal injury lawsuit against the at-fault driver. In New York, you can pursue a lawsuit if your injuries result in any of the following:
- Significant disfigurement
- Bone fracture
- Permanent limitation of use of a body organ or member
- Substantial disability for 90 days or more
- Death
Get Compensation After a Car Accident in New York
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Speak to a Car Accident Lawyer in New York Today
At The Porter Law Group, our experienced personal injury lawyers understand the complexities of these cases. We will thoroughly investigate the circumstances of your accident, gather evidence to build a strong case, and tenaciously advocate for your rights.
Get in touch with us at 833-PORTER9 or email us at info@porterlawteam.com to schedule your free case evaluation today. Let us put our knowledge, skills, and resources to work for you and fight for the compensation you need to move forward after a devastating accident.