What Is the Statute of Limitations for Car Accidents in New York?
If you’ve been involved in a car accident in New York, you may have the right to take legal action—but you must act within a specific time frame. State law allows accident victims to file personal injury lawsuits against the at-fault parties, but you must do so within the statute of limitations. Missing this deadline can cost you your chance to recover compensation.
Why Does New York Set a Time Limit for Car Accident Lawsuits?
New York’s statute of limitations exists to keep the legal process fair, prevent endless uncertainty, and ensure that evidence and witness memories remain fresh. It also provides a clear framework so everyone knows their rights and responsibilities.
For most personal injury claims arising from a car accident, you have three years from the date of the accident to file a lawsuit. The countdown starts on the day the accident occurs—not when medical treatment ends or when insurance negotiations wrap up. Filing even one day late can result in your case being dismissed.
Are There Exceptions for Hidden Injuries or Other Circumstances?
In limited cases, the deadline may be extended under the discovery rule, such as when an injury is not immediately apparent. Additionally, if the at-fault party leaves New York after the accident, the statute of limitations may be paused (or “tolled”) until they return.
Do Minors Get More Time to File?
Yes. If the injured person was under 18 at the time of the accident, the statute of limitations is paused until their 18th birthday. From that point, they have three years to file a lawsuit—meaning they generally have until their 21st birthday to take legal action.
What If the Accident Resulted in Someone’s Death?
If a loved one dies as a result of a car accident, the personal representative of the deceased’s estate has two years from the date of death to file a wrongful death lawsuit.
What if a Government Vehicle or Road Hazard Was involved?
Suing a government agency in New York comes with special requirements and shorter deadlines. You must file a Notice of Claim within 90 days of the accident. After that, you have one year and 90 days from the date of the accident to file your lawsuit.
What Documents Will Help Your Case?
To strengthen your case, it’s important to preserve key evidence, including:
- Police accident reports
- Photos of the scene, vehicle damage, and injuries
- Medical records detailing your treatment and diagnosis
- Proof of lost wages or reduced earning capacity
- Written communications with insurance companies
How Can a Lawyer Help You Navigate These Deadlines?
An experienced New York car accident lawyer can determine exactly how much time you have, ensure all filings are made on time, and help gather the evidence needed to build your case. They can also guide you through special procedures for cases involving minors or government entities.
Why Choose Dan Chiacchia Injury Attorneys?
For decades, accident victims across Western New York have trusted Dan Chiacchia Injury Attorneys to fight for justice. Our team brings more than 100 years of combined experience and has secured hundreds of millions of dollars for clients, including verdicts and settlements in the millions.
Find Legal Help From Our Hamburg Car Accident Lawyers at Dan Chiacchia Injury Attorneys
Taking action quickly after a car accident can be the difference between a successful claim and a case that never gets off the ground. Call our Hamburg car accident lawyers at Dan Chiacchia Injury Attorneys today at 716-648-3030 or fill out our online form for a free case review. Our Hamburg, New York office proudly serves clients throughout West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.
