If you’re involved in a car accident in New York, one of the first questions you’re likely to have is how long you can wait to decide about filing a claim. There are time limits you need to be aware of under New York law, and a Queens, NY car accident lawyer can help you make sure you don’t miss them.
Ask a Car Accident Lawyer: How Long Do I Have to File a Car Accident Claim in Queens, NY?
The most important legal concept to understand is the “statute of limitations.” This is the time limit set by law for initiating legal proceedings of all kinds, and it varies by the type of legal issue you’re considering bringing.
In New York, the statute of limitations for most car accident claims is three years. This means you have three years from the date of the accident to file a lawsuit against the party responsible for the accident. If you miss this deadline, you will likely lose your legal right to sue for damages.
Exceptions
There are a few exceptions to this three-year rule. If the accident results in a fatality, the deceased’s family has only two years from the date of death to file a wrongful death claim. Additionally, if the claim involves a government entity – for example, if a city-owned vehicle was involved in the accident – you must file a notice of claim within 90 days of the incident.
If minors are involved, the statute of limitations actually gets longer in some cases. It doesn’t start running until the child turns 18. There are other exceptions, so be sure to talk with a qualified lawyer right away about your case.
Why Acting Promptly Is Crucial
Acting promptly is not just about the legal deadlines. Over time, evidence can become harder to collect and witnesses’ memories may fade. Moreover, any delays in seeking medical treatment or filing claims can be used against you, potentially weakening your case.
Other Considerations
No-Fault Insurance in New York
New York follows a “no-fault” insurance system for car accidents. Under this system, your own car insurance company will pay for certain damages regardless of who caused the accident. This includes medical expenses, lost earnings, and other reasonable and necessary expenses up to a certain limit. However, to benefit from this system, you must file a claim with your insurance company, typically within 30 days of the accident.
The Difference Between Insurance Claims and Legal Action
It’s important to note that when filing an insurance claim, you’re dealing with a contractual process based on the terms of your insurance policy. The goal is to get the insurance company to cover your losses up to the policy limits. Filing a lawsuit, on the other hand, means you are initiating a legal action against the at-fault party or parties in the accident.
Keep the three-year statute of limitations and the 30-day window for no-fault insurance claims separate in your mind. Filing an insurance claim promptly ensures that you receive immediate financial support for your initial expenses. The timing of a lawsuit is more about preserving your right to seek full compensation for all damages.
If you’ve been injured in an accident and have questions, contact us online right away at Surdez & Perez P.C. from anywhere in New York City, including all five boroughs and Long Island.
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