How Long After a Car Accident Can You Sue in New York?
After a car accident, your mind might be racing with all the things you now have to do. Getting medical care, speaking to the police, hiring an attorney, and filing an insurance claim might have you feeling overwhelmed, to say the least. To top it all off, the clock is ticking on your case.
After a car accident, you can typically file a lawsuit within 3 years, according to the ordinary statute of limitations for personal injury cases. Not only is there a lot to complete in this time, but this might not be the only deadline you have to consider. If you want to sue the city itself, you will face stricter time constraints.
After a car accident, you might feel swamped with responsibilities when all you really want to do is recover in peace. Our New York City car accident attorneys can provide you with the assistance you need. Call The Carrion Law Firm at (718) 841-0083 for a free case review to begin
When Can I Sue for a Car Accident in New York?
In most car accident cases, the statute of limitations in New York is under CVP § 214 and imposes a 3-year deadline. The countdown on your case begins on the date of your car accident. Although, it might be possible to pause the clock and toll the statute of limitations if certain conditions prevented you from filing on time.
If you believe the city is responsible for your accident, there are different deadlines to think about. Specifically, you must file a Notice of Claim with the city within 90 days of the accident. This is drastically shorter than the previous 3-year time window. Our Bronx car accident lawyers can help you handle your claims within the appropriate period of time.
What’s more, you typically have to pursue an insurance claim in New York before you can sue. Only if you have a “serious injury” can you step outside the insurance system and file a personal injury lawsuit.
Filing a Lawsuit for a Car Accident In New York
As mentioned in the previous section, the statute of limitations in typical car accident cases in New York is 3 years. Remember, the time begins counting down on your case beginning on the date of your accident. Therefore, it is important to speak to an attorney as soon as possible after a car crash. Many injured accident victims do not even realize they can file a lawsuit. By the time they understand their rights, precious time has come and gone.
It might be possible to toll the statute of limitations in some cases. Tolling might be an option if something beyond your control prevented you from filing a lawsuit within the statute of limitations. For example, if you were a minor at the time of the accident, the statute can be tolled until you turn 18.
Some of this time might be spent dealing with insurance claims. In New York, injured drivers file claims with their own insurance under a no-fault rule. Under this system, you cannot even file a lawsuit unless your case meets certain criteria.
You have to prove that you suffered a serious injury. Under ISC Law § 5102(d), a serious injury may include death, significant disfigurement, broken bones, loss of bodily functions, and any injury that prevents you from performing normal daily tasks for at least 90 days of the 180 days immediately following an accident.
Suing the City After a Car Accident in New York
In some car accidents, a city or other municipality might share some of the blame. For example, if roads are in such poor condition that it is unsafe to allow people to drive on them, a city might be liable for accidents caused by these conditions.
When suing a city in New York, you must file a Notice of Claim. This notice must be filed within 90 days of the accident. With such a short amount of time in which to decide what to do, it is best to consult with a lawyer as soon as you possibly can. Our Queens car accident attorneys can help you file your case as quickly as possible.
Once you file the Notice of Claim, your case must adhere to a different statute of limitations. According to CVP Law § 217-A, instead of 3 years, you have 1 year and 90 days to file your lawsuit. This time limit applies only to cases where certain governmental entities, like cities and towns, are named as defendants.
What If I Wait to File My Car Accident Lawsuit in New York?
Beginning a lawsuit is a very serious and time-consuming venture. It is something that most people prefer to think about or mull over before deciding. While it is okay to take your time when making such an important decision, you want to avoid taking too much time. If you wait too long, you risk losing your right to bring the cause of action at all.
You also risk losing evidence. As time ticks away, evidence about your car crash may disappear. Witnesses who could testify on your behalf might leave the area. Physical evidence from the crash site might be lost. Photos and videos of the collision might be deleted.
Meeting with an attorney can be very helpful for those still on the fence about their legal options. Our New York personal injury attorneys can help you weigh your options and decide whether filing a lawsuit is the best choice for your case. Our dedicated team can help you through this decision-making process.
Call Our New York Car Accident Attorneys for Assistance
Call our Long Island car accident attorneys for assistance and advice if you need help to file a lawsuit after a car accident. Time might be running short, and we can help you get your claim filed on time. Call The Carrion Law Firm at (718) 841-0083 for a free case review.