How Long After a Car Accident Can You Claim Injury?

Sustaining serious injuries in an auto accident is a life-changing experience.

Regardless of how it happened, accident victims have many new concerns that you didn’t have to think about before the accident.

For example, how are you going to pay your medical expenses when you can’t work as you recover? What if you can’t return to work at all? Should you hire a car accident lawyer?

It’s stressful to have these financial concerns, and possible medical bills at a time when you’re also dealing with the pain and suffering of your physical injuries and emotional consequences of the accident.

Perhaps you feel upset at the person who caused the crash and wonder if you can hold the at-fault driver financially responsible for your expenses and diminished quality of life.

This is a normal and fair reaction.

Most car accident victims also wonder about the time limit for filing a personal injury claim, particularly if the extent of your injuries doesn’t appear obvious right away.

It is common to be sore after a car accident, however, serious symptoms or injuries may not appear for days or even weeks.

Understanding how long after an accident you can file a car accident case is the first step towards recovering compensation.

In this article, you’ll learn how long after a car accident you can claim injury and what exceptions exist that could impact the amount of time you have.

If you have questions about filing a car accident lawsuit in New York, or would like to speak with an experienced New York City car accident lawyer at our firm, call 212-268-3222 or contact us online for a free consultation.

Important deadlines after a car accident in New York

The question, "How long after a car accident can I claim injury?" seems like a simple question. The general answer is that the personal injury statutes of limitations in New York provide you three years from the date of the accident to file a claim for compensation against the other party.

A person under age 18 at the time of the car accident may have a longer amount of time while certain other situations call for a shorter filing time.

With current New York’s no-fault laws, you must initially file an auto insurance or damage claim with your own car insurance company.

The law only allows you to step outside of the no-fault system in case of serious injury, which it defines as the following:

• Bone fracture
• A permanent or significant limitation on the use of an organ, body system, body member, or bodily function
• Significant disfigurement

What is the statute of limitations for car accident claims in NY?

The statute of limitations for personal injury in New York requires you to file your car accident case within three years of the date of the car accident.

If you meet the definition of serious injury under New York state’s statute or you feel dissatisfied with the initial settlement offer from your car insurance company meeting this deadline is critical.

The court will refuse to hear your case now and at any point in the future if you miss this deadline.

Since a bodily injury, such as whiplash, concussion, and soft tissue injuries don’t show up right away, we strongly encourage you to seek immediate medical attention even if you don’t seem injured. The attorney for the other party will challenge the legitimacy of your injuries otherwise.

However, there are special circumstances that are exceptions to the amount of time after a car accident you can claim injury.

Exception: Claims against a city, county or New York State

Deadlines are much shorter when a government vehicle, road or employee is involved. Here is what applies:

• New York City, a county, town or village: a sworn Notice of Claim within 90 days of the accident (General Municipal Law § 50-e), and a lawsuit within 1 year and 90 days (§ 50-i).
• NYC Transit buses and subways: a Notice of Claim within 90 days and a lawsuit within 1 year and 90 days.
• The MTA and its subsidiaries, such as MTA Bus and the LIRR: a lawsuit within 1 year and 90 days. The MTA itself also needs a Notice of Claim within 90 days; its subsidiaries need no Notice of Claim but a written demand at least 30 days before the lawsuit.
• New York State or a state agency: within 90 days, file and serve a claim in the Court of Claims or serve a notice of intention to file one. The notice of intention extends the filing deadline to two years (Court of Claims Act § 10).

Courts have limited power to excuse a late notice. Our municipal liability lawyers and mass transit accident lawyers will confirm which deadlines apply to your case and serve the right notice on time. Call us as soon as a public vehicle, road or employee may be involved.

Additional timing considerations & filing deadlines after a car accident

Several other filing deadlines exist within the general three-year timeline.

For example, an injured person must file the initial report of the accident with the Department of Motor Vehicles within 10 days.

This is state law if anyone was killed in the accident, sustained an injury, or one or both drivers incurred more than $1,000 in damages.

Here are several other deadlines that you need to know:

• 30 days to file a claim with your insurance provider under New York’s no-fault laws
• 30 days to file for disability payments in New York
• 90 days to file a notice of claim, if applicable
• 90 days to file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). This agency processes no-fault claims in addition to claims of serious injury by a driver without an auto insurance policy.

Multiple deadlines exist for you to initiate an insurance claim for lost wages. Wether you've been involved in a truck accident, motorcycle accident, or other type of vehicle collision our personal injury attorneys will advise you on how to pursue full compensation for your injuries.

If you plan to file a claim against the other driver who you feel caused the accident, we recommend doing so as soon as possible with your insurance agent. We also recommend this for supplementary uninsured or underinsured motorist claims.

Learn more about filing a personal injury claim

When filing a personal injury claim it is important to hire an experienced New York City personal injury attorney that has a solid understanding of local, state, and federal requirements for how long do you have to start the claims process.

At Raphaelson & Levine Law Firm, we know a car crash is a challenging time and we want to make things easier for you in any way we can.

Our attorneys pay close attention to all the details of each individual case and will make sure all time limits and deadlines are observed to preserve your rights with the statute of limitations.

If you have questions about New York's car accident claim time limits, property damage, accident report, the adjuster, or are wondering if you can still file a claim, contact an attorney at our firm today for a free consultation.

One of our injury attorneys can give you a good idea of whether you have a personal injury case worth pursuing after listening to the details of your car accident and the time period of the accident.

Please bring as much information as you have available to this initial consultation, including the police report, your medical records, proof of lost income, and the contact information for any witnesses to the accident.

Remember, never leave the scene of the accident and always call Raphaelson & Levine right after a crash of any kind, even a fender bender.

Call (212) 268-3222 today for a free lawyer consultation.