What You Need To Know About The Statute Of Limitations For Car Accidents
According to New York Civil Practice Law and Rules 214, the statute of limitations for a personal injury claim resulting from an automobile accident in Newburgh is generally three years from the date of the accident. You will lose your case or may not receive compensation if you do not file a lawsuit by the deadline specific to your situation. However, you don’t need to panic if you are unsure when your case filing deadline is. Speaking with Finkelstein & Partners in the Newburgh community will help you understand the concept of the statute of limitations and other rules regarding car accident cases. In addition, lawyers can assist you throughout the car accident claim process.
This guide will tell you about the statute of limitations.
What Is a Statute of Limitations?
A statute of limitations sets a deadline for filing a lawsuit. In New York State, there are several different statutes of limitations. Some involve criminal investigations, others breach of contract claims, and others personal injury claims, etc.
The general rule is the same in every case: you can’t file a claim or start legal action again if you do not do so before the statute of limitations expires.
Timeframe of Filing a Car Accident Injury Claim
Generally, the New York State statute of limitations for bringing an automobile accident injury claim is three years from the date of the accident.
Most types of personal injury claims in our state are also subject to the same statute of limitations.
However, many auto accident claims in New York have additional filing dates and formalities.
Process for Filing a Car Accident Injury Claim
The following is a list of important deadlines.
- 10 days Limit: If the driver or anyone were injured, killed, or suffered property damage worth more than $1,000, submit a claim to the New York DMV.
- 30 days Limit: According to New York’s no-fault insurance rules, submit a car accident claim to your insurance company.
- 30 days Limit: Claim for disability benefits.
- 90 days Limit: Submit a claim notice.
- 90 days Limit: Submit a claim to the MVAIC, as they handle claims, such as no-fault benefits and uninsured motorists who cause severe damage.
- As Soon as Possible: File any lawsuit against a motorist at fault or another responsible party. These lawsuits have a three-year statute of limitations and must file within that time.
Exceptions to the Statute of Limitations
Whether or not your claim qualifies for one of the exceptions to the three-year general rule will determine how much time you have to file a New York automobile accident injury claim. Exceptions contain:
- Claims against the city/county: If you file a car accident claim against a county authority or municipality, you must submit a formal claim notice within 90 days of the accident.
- Claims against the State: If you file a car accident claim against the state government, you have 90 days from the accident date to file a claim.
- Victims who were minors at the time of the accident: The three-year statute of limitations may not apply to claims by minors.
- When injuries take time to appear: You have more time to file a car accident injury claim in New York if you fail to properly discover your injury until after the date of the accident.
Pursuing a compensation claim takes time. The statute of limitations relates to the official filing of a lawsuit. However, in some cases, it is only the final step in a long preparation process. Therefore, it is in your best interest to speak with an attorney as soon as possible.
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