How Long After a Car Accident Can You Sue?

  • The car accident statute of limitations in New York is normally three years from the date of the accident.
  • However, if you need to file a lawsuit against a state or municipal agency, the deadline is shortened to one year and 90 days from the date of the accident.
  • Exceptions to the statute of limitations may apply in limited circumstances, such as when the injured party is a minor.
  • Failure to file your car accident claim before the governing deadline will result in your case being dismissed in court.

What Is the Time Limit for Filing a Lawsuit After a Car Accident in New York?

Suing after car accidents can be stressful, and victims often wonder, “How long after an accident can you sue?” All states have a statute of limitations that determines how long you have to sue after an auto accident. The New York car accident statute of limitations normally gives three years from the date of injury to sue after a crash.

However, there is a shorter deadline for accidents involving an at-fault government entity. In these cases, you’ll have one year and 90 days from the date of injury to file your car accident lawsuit. You must also file a Notice of Claim with the government defendant within 90 days after the accident.

Why Is the Deadline Important?

The statute of limitations is strictly enforced. If you miss the correct filing deadline, you will lose your right to file a lawsuit. This will eliminate your right to seek legal compensation for your injuries, even if the other driver was clearly at fault. It will also destroy your leverage in out-of-court settlement negotiations when the at-fault party realizes you can no longer sue.

Reaching out to our leading NYC personal injury law firm sooner rather than later is also important because evidence can disappear quickly and witness memories can fade over time. Our skilled legal team is standing by to evaluate your case, answer your questions, and build the strongest case possible on your behalf.

Exceptions to the New York Car Accident Statute of Limitations in NY

Exceptions to the statute of limitations may apply in certain circumstances. For example, the deadline may be extended (“tolled”) in cases involving undiscoverable injuries, injured minors, insanity, and out-of-state defendants.

The discovery rule is perhaps the most common exception to the statute of limitations. Under this rule, the three-year countdown may begin later if the injury wasn’t immediately apparent after the accident. For example, if you experienced latent symptoms of a traumatic brain injury months after a serious car accident, the three-year filing would likely begin on the date you could have reasonably discovered the injury.

Though exceptions may apply in your case, you should not rely on them until you have your case evaluated by an experienced car accident attorney. If you need clarification or believe there may be an exception, reach out to our knowledgeable and compassionate personal injury lawyers. We will ensure that you know your rights and that your case is filed before the all-important deadline.

Consult Our New York Car Accident Lawyers Today

The statute of limitations is a critical factor in any car accident injury claim. Understanding and complying with the deadline is essential to protecting your right to seek compensation for your injuries and losses. If you or a loved one were injured in a car accident in New York, Chopra & Nocerino can help.

Our experienced attorneys have secured millions of dollars in settlements and verdicts for injury victims in car accident cases throughout New York City and beyond. Contact us online or call (855) NYC-HURT to schedule a free, no-obligation consultation. Para servir mejor a todos los miembros de nuestra comunidad, ofrecemos servicios en español.

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