A big countdown starts at the moment of impact between you and another car in a collision. This countdown is called the statute of limitations, and it is the time limit for filing a lawsuit in civil court against an at-fault party. Generally, the statute of limitations for a car accident lawsuit is three years. However, there are exceptions to this deadline, and you should be very careful when starting your civil case within the three years that you have.
Discussing deadlines when recovering from a car accident is a lot to take in, but an attorney can help. At Greenspan & Greenspan Injury Lawyers, we have been helping clients with their civil cases since 1959. We can help auto accident victims seek legal relief on time, and we can help victims handle related insurance claims and billing issues while they heal.
After a car accident, knowing how long you have to take legal action is critical. The legal system can feel overwhelming, but you don’t have to face it alone. We’re here to guide you through every step and protect your rights.
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How Long After a Car Accident Can You Sue in NY?
The typical statute of limitations for an auto accident in New York is three years. This means that you usually have three years from the date of your accident to sue. However, there are some exceptions to this time limit, and we discuss them below.
Exception #1: Collisions Caused by Certain Officials
If you were in a car crash caused by a coroner, sheriff, or constable while they were performing an official act, you have only one year to sue. One year is a tight turnaround time for starting litigation after suffering auto accident injuries. Immediately speaking to an experienced attorney after an accident can help ensure you file your legal claim on time while addressing your treatment needs.
Exception #2: Accidents Caused by Government vehicles
If you are hit by a municipal vehicle such as a city garbage truck, a County vehicle, or a School District bus, you do not have three years to start a lawsuit. Instead, you have to serve a Notice of Claim on the municipality within ninety (90) days of the crash and then a lawsuit must be filed within a year and ninety days of the crash. There are altogether different rules if the vehicle at fault was owned by the State of New York or one of its Authorities or Agencies. It is critically important that you speak with an experienced lawyer to figure out who to serve the notice of claim upon and how to ensure you preserve your rights. We can determine the right time for you to file your complaint to help make sure you have the most rights and are in the best position to obtain as much legal relief as possible.
What Is the Statute of Limitations for a Car Accident Insurance Claim?
There is a good chance that your recovery of damages after a car wreck will not start with a court case but rather with an insurance claim. Injured car accident victims have to make sure that a fully completed application for no fault benefits is filed with their vehicle’s insurer within 30 days of the car accident.
If you miss the 30-day deadline, you can still initiate an insurance claim if you can prove in writing that there was a clear and reasonable justification for the delay. We can help you with this.
After an insurance carrier opens your claim, you have 45 days to submit medical bills for payment and 90 days to submit requests for payment of lost wages. As you can see, obligations to obtain, fill out, and submit accident-related paperwork stack up quickly. At Greenspan & Greenspan Injury Lawyers, we take care of all of these matters for our clients from start to finish so that healing and getting back to their routines can be their only focus.
The Right Timing in an Accident Lawsuit Is Crucial
Since there are deadlines for filing a lawsuit, you may think initiating litigation immediately is the best way to go. But filing your civil case right away without a lawyer’s advice and input can often do more harm than good. Consider that it can be strategic to file your lawsuit when you are at or close to maximum medical improvement (MMI). MMI means that you have recovered from your injuries to the point that medical intervention will not likely improve your condition further.
Waiting to reach MMI can give you a better idea of your future medical costs and how your injuries might affect your earning capacity in the long run. If you file your lawsuit without having the guidance and experience of a personal injury lawyer on your side, you may receive an inadequate settlement or award that closes your case before the right professionals can assess all of your accident-related needs, such as:
- Wage replacement,
- Payment for lost earning capacity,
- Payment for property repairs or replacements,
- Payment for palliative care,
- Coverage of medical costs, and
- Reimbursement of out-of-pocket expenses.
Our attorneys monitor our client’s needs and progress to accurately determine when it is appropriate to file a civil suit.
What Happens If the Statute of Limitations Passes Before I File My Complaint?
After the statute of limitations passes, you will likely be barred from filing a lawsuit or seeking relief from an at-fault driver. This is not a situation you want to be in. You deserve compensation for the harm another driver caused you, and we can help ensure you get it. Speak with us right away to get the ball rolling on obtaining all the relief you deserve!
Talk to a Dedicated Car Accident Attorney About Your Rights Today
Time is important in any legal case. Making moves within the time you have to file a lawsuit or claim is crucial, and the time your attorney has been in practice is vital to your success. Our attorneys at Greenspan & Greenspan Injury Lawyers have significant experience in representing car accident victims. Mike Greenspan has been in practice for over three decades and can help you meet every deadline in your car accident claim.
Our attorneys also give time back to our clients by handling all matters regarding claim coverage as we march toward trial or an insurance settlement. You also only pay us once we win money for you. We are highly experienced, passionate about personal injury victims’ rights, and rated highly by our clients. If you need help, call or contact us on our website to schedule an appointment. The call and consultation are free. The advice and peace of mind you receive will be priceless.
