Protecting Your Rights: Understanding the Statute of Limitations for Car Accident Claims in New York

Being involved in a car accident is a traumatic experience that can leave lasting consequences. Whether it's physical injuries, medical bills, or lost wages from time off work, the aftermath can be overwhelming. The law acknowledges the gravity of these situations and gives victims the right to pursue legal action against the responsible party. However, it's crucial to understand the time limitations involved in filing a car accident claim. In this post, we'll delve into the statute of limitations for car accident claims in New York and other essential information that can help you protect your legal rights.

How Long Do I Have To File A Lawsuit After A Car Accident?

The statute of limitations for filing a car accident claim in New York is three years from the time of the accident. This means that you have three years to file a personal injury claim or property damage claim against the other driver. If you fail to file a lawsuit within this period, you forfeit your right to pursue legal action. However, there are exceptions to this rule. For instance, if the other driver was under the influence of drugs or alcohol at the time of the accident, you may have an additional year to file a lawsuit. Additionally, if the accident caused the death of the victim, the family members have two years from the date of death to file a wrongful death lawsuit.

How Is Liability Determined In A New York Car Accident?

New York is a "no-fault" state when it comes to car accidents. This means that your own insurance company pays your medical bills and property damage, regardless of who caused the accident. However, if you suffer from a "serious injury," which is defined under New York law, you may file a lawsuit against the other driver. In these cases, liability is determined based on fault. If the other driver was negligent or careless and caused your injuries, they'll be held liable. However, New York has a rule of comparative negligence, which means that the victim may also be partly responsible for the accident. In this scenario, the compensation amount is reduced proportionally based on the victim's degree of fault.