What is the Statute of Limitations for Filing a Car Accident Claim?

A car crash can be life changing. One minute you are feeling great, and then a collision with another vehicle can turn your life upside down. Your car may be totaled. You may be in constant pain or maybe even seriously injured. You could need surgeries and pain medications and not know when you can return to work.

If someone caused your injuries, you could receive compensation, but time is of the essence. You need to act quickly because New York, like all other states, has a statute of limitations in place. This means you only have a certain amount of time to file a claim for compensation.

In New York, you have three years from the date of the car accident to file a claim. If you file a claim just one day late, you are barred from any compensation. To avoid this, contact a personal injury lawyer early on so you can file your claim on time.

The discovery rule applies in New York car accidents. The statute of limitations for car accidents starts from the date of the accident or the discovery of the injuries relating to the accident, whichever is later. This is particularly relevant in situations where injuries manifest gradually over time. Injuries from a car crash may not show up right away. Adrenaline often masks injuries, and you may not feel pain until days or weeks later.

Exceptions to This Rule

There are a few exceptions to which the three-year rule does not apply:

• Minors: The three-year statute of limitations pauses until the minor reaches the age of 18. Essentially, minors have until their 21st birthday to file a claim for compensation.
• Insanity or mental incapacity: If a plaintiff becomes legally insane or mentally incapacitated at the time of the accident or during the statute of limitations period, the clock may stop until they regain competency. This allows for a level of fairness.
• Discovery rule: As mentioned above, the discovery rule applies in cases where injuries resulting from a car accident are not immediately apparent. Sometimes plaintiffs have until after the standard statute of limitations period has expired to file a claim. This is especially true in cases where medical conditions may not become apparent until months or even years after the accident.
• Out-of-state defendants: In cases where the defendants cannot be served with legal papers within New York, the statute of limitations may be extended to allow enough time for proper service of these documents.

Contact Us Today

After a car accident in New York, you should act quickly to file a claim. Three years is not a long time, and memories fade, so act quickly to retain your legal rights.

Steve Foley Law Firm is ready to assist those who have suffered personal injuries in car accidents throughout Buffalo, NY. Let us help you get the compensation you need to move forward. Contact us online or schedule a consultation by giving us a call at (716) 575-3236.