What Is the New York Deadline for Filing a Car Accident Claim?

The deadline in New York for filing a car accident claim is generally three years after the crash. The statute is general because many factors can alter the filing deadline – called the statute of limitations – in your case. The outcome of the accident can also change the timeline for filing a personal injury lawsuit for your recoverable damages after a car accident.

When we manage your case, we clarify what the deadline is for your car accident claim. When you notify us early enough, we also make sure to file your case ahead of the deadline. Notifying us of your accident right away also means you do not inadvertently risk being unable to file your lawsuit or having it dismissed before it can be heard.

The Statute of Limitations Is a Complicated Legal Matter

Filing your lawsuit on time is a critical part of your case because allowing the statute of limitations to expire could bring your case to a premature end. It could also mean the financial impact of the accident falls upon you because you can no longer legally compel the at-fault party to compensate you.

New York CVP § 214 governs the personal injury statute of limitations in New York. It can be complicated, though, because having passengers in your car who are younger than 18 years old can affect the deadline.

In addition, if you are the survivor of someone who died in a car accident, a different statute applies. In that case, New York EPT § 5-4.1 generally entitles you to two years to file a wrongful death lawsuit. The clock starts on the date of your loved one’s demise, not the date of the accident.

Recoverable Damages After a Car Accident

When we seek compensation for you, we strive for an insurance settlement. If we cannot settle, we will take your case to court. Whichever route we take to resolve your case, you have the right to the following recoverable damages:

• Known and anticipated medical bills
• Known and anticipated lost income
• Loss of future earning capacity
• Treatment-related travel expenses
• Property damage or total loss
• Physical pain and suffering
• Mental and emotional anguish

If your family lost a loved one in the accident, we also help you recover the costs of their funeral and burial. After a wrongful death, you can also recover compensation for your loss of their companionship and guidance. We will help you create a detailed list of the losses you can recover for the loss of your loved one.

Trust the Timing of Your Lawsuit to Our Legal Team

Protecting your right to seek compensation for your car accident injuries is the primary reason we ensure we meet the statute of limitations in your case. Early intervention also gives our team time to investigate your accident and canvass the area for witnesses and surveillance photos and video footage that support your compensation case. We will also:

• Handle all insurance company communication
• Negotiate for a fair settlement with insurance adjusters
• Submit all necessary paperwork for your claim
• Take your case to trial if needed

When you trust us with your car accident case, we handle all the minute details that go into building your case and fighting for your recovery.

Satisfied Clients Tell Our Story

Your personal injury case is as important to us as it is to you – and so is providing you with a supportive, communicative legal team. On our client reviews page, they say:

• “Morelli Law Firm was the best to deal with and David took the time to always talk…He was caring of how I was feeling and doing as well [and] made sure I was receiving the care I should have been from my doctors…  will be forever grateful, David, for your help.” – Brian Busche
• “I contacted the Morelli law firm regarding a personal injury case… I chose the Morelli Law Firm because I had the chance to see Mr. Morelli “in action” when I was a juror…in a personal injury trial. I was truly impressed by the talent of Mr. Morelli.” – Thomas Weber

Our team is committed to ensuring you have the same outstanding in-office experience these previous clients enjoyed.

Get a Free Review of Your Case

If you or someone you love suffered injuries in a car accident in New York, we can make sure your case meets the deadline for filing a car accident claim. Find out all the ways we protect your right to financial compensation by contacting one of our Morelli Law Firm team members today at (212) 751-9800. The initial consultation is free.