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Understanding the Statute of Limitations for Car Accident Claims in New York

May 12, 2025 | Auto Accidents

If you were injured in a car accident, it’s important to understand that you only have a limited amount of time to bring a claim against the at-fault party. This deadline is called the “statute of limitations.” However, the time frame that is in place can vary, depending on the specific facts of your case. It’s critical that you do not miss this deadline, or your claim could be dismissed by a judge — and you could be forever barred from obtaining the compensation you deserve.

Claims Against Another Motorist

Generally, the statute of limitations for bringing a personal injury claim against another motorist is three years. The clock begins ticking on the date of the accident. This is meant to ensure fairness to the defendant and prevent them from having to defend a claim decades later. It also helps ensure crucial evidence does not get lost over time — and witness memories do not fade.

In addition to the statute of limitations to file a personal injury lawsuit, there are other deadlines in a car accident case to be aware of. For example, you only have 30 days to file a no-fault claim with the insurance company to receive medical benefits and a portion of your lost wages. Failure to file within that time frame can result in your claim for these benefits being denied.

Claims Against a Government Entity

Sometimes, the negligence of a town, city, municipality, or government entity may be to blame for a car accident. For instance, a municipality may have neglected to repair a pothole it had notice of — or a government vehicle may have caused the collision. In these cases, there is a much shorter statute of limitations in place to pursue a personal injury lawsuit. 

In cases involving a municipality or government entity, you are first required to serve a Notice of Claim upon the party within 90 days from the date of the accident. This provides the party with notice that a lawsuit will be filed against them. You then have one year and ninety days to file the personal injury action.

Exceptions to the Statute of Limitations

Although the three-year statute of limitations for personal injury cases is strict in New York, there are several exceptions in which the time to file a lawsuit after a car accident is extended. Specifically, you may have more time to pursue a lawsuit if any of the following exceptions apply:  

  • You were under 18 at the time of the accident — If you were a minor when you were injured in the car accident, the statute of limitations is tolled until your 18th birthday.
  • You were incapacitated at the time of the accident — In these cases, the statute of limitations would be tolled until capacity is regained.
  • The defendant was absent from the state — If the defendant left New York, the statute of limitations would be tolled until their return. However, in the event the personal injury action was commenced before they left the state, and they were absent for four months or more, the time they were absent is excluded from the statute of limitations.
  • The defendant lives within the state but uses a false name — The time under which the defendant used a false name unknown to you would be excluded from the statute of limitations. 

You should not rely on an exception to the statute of limitations if you’ve been injured in a car accident. Even if you think your case qualifies for an exception, it’s essential to consult with a personal injury attorney who can best advise you — and ensure you don’t miss the applicable deadline for your claim.   

Contact an Experienced New York Personal Injury Attorney

If you were hurt in a car crash caused by someone else’s negligence or recklessness, it’s vital to have a personal injury attorney by your side who can obtain the maximum monetary recovery in your case. The Edelsteins, Faegenburg & Blyakher LLP is a New York personal injury firm that advocates for car accident victims and fights to secure their rightful compensation. Handling every case with diligence, integrity, and candor, we have an impressive track record of obtaining significant settlements and substantial verdicts for our clients. Contact us to schedule a free consultation at (212) 425-1999 today.

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