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How Long After an Accident Can You Claim Injury in New York?

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How Long After Car Accident Can You Claim Injury in New York?

Filing a claim within the statute of limitations is critical to ensuring that you receive full compensation for your injuries. However, several factors can affect whether you will win your case.

Most states have strict statutes of limitations that govern when you must file a personal injury lawsuit. If you fail to file a claim within the statute period, you may lose your right to sue. Some states allow you to extend the deadline by filing a motion with the court, but this option is rarely available.

Our Car Accident Lawyers Serve:

A car accident is one of the most common accidents that happen every day. In fact, according to the Department of Health, auto accident injuries result in an average of 12,093 hospitalizations each year in New York. This type of accident may cause serious injuries such as broken bones, internal bleeding, head trauma, and spinal cord damage. If you were involved in an auto accident, you should immediately contact a car accident attorney.

What Are the Injury Claim Deadlines in New York?

In New York, there are two deadlines for filing an injury claim. One deadline applies to lawsuits filed within 90 days after the accident, and the second deadline applies to claims filed after 90 days.

The first deadline is called the “notice of intent to file” deadline. This is the deadline for injured parties to notify their insurance companies about their injuries. If you miss this deadline, your insurance company cannot pay any benefits until you meet the next deadline.

The second deadline is called the ‘proof of loss’ deadline. This is the last chance for injured parties to submit proof of their losses to their insurance companies. If you miss this second deadline, your insurance carrier cannot pay any benefits until the third deadline passes.

After you file your notice of intention, you will have another 60 days to provide your insurer with proof of your losses. In many cases, if you do not provide proof of your losses by the date required, then your insurance carrier will not pay any benefits.

What is the Importance of Filing a Lawsuit Quickly?

A statute of limitations is an affirmative defense limiting the amount of time a person may bring a lawsuit against another party. Statute of limitations laws vary from state to state, but generally speaking, there is a limit on how much time a person has to file a claim after a specific event.

A statute of limitations is usually set up to protect defendants from frivolous lawsuits. If a defendant is sued too late, they may no longer be able to defend himself or herself.

There are two types of statutes of limitations:

• Limitations period - This refers to the length of time within which a plaintiff must file a lawsuit.

• Period of repose - This refers to the maximum amount of time allowed between the occurrence of an incident and the filing of a lawsuit.

For example, if a person was injured in an accident three years ago, then the statute of limitations would run out three years later. However, if the same person were injured yesterday, then the statute of limitation would begin running immediately. 

Are There Any Exceptions to the Statute of Limitations In New York?

In New York, there is a statute of limitations for filing a personal injury lawsuit against an auto insurance company. This means that once a certain amount of time has passed since the accident occurred, you cannot file a lawsuit against the insurance company.

This law applies to any type of accident, such as a car accident, motorcycle accident, pedestrian accident, bicycle accident, trucking accident, bus accident, train accident, boat accident, plane crash, helicopter crash, etc.

However, there are exceptions to the statute of limitations for filing an auto accident claim in New York. If you were injured in a car accident caused by another driver, then you may still be able to sue the other driver’s insurance company.

Here are the exceptions to the statute of limitation for filing a car accident lawsuit in New York:

• If the other driver was uninsured or underinsured, then you do not have to wait until the statute of limitations expires before suing the other driver’s insurance company.

• If the other party was driving recklessly, then you do not need to wait until the statute runs out before suing the other driver.

• If the accident resulted in death, you can sue the other driver‘s insurance company within two years.

• If the car accident involved serious injuries, then you can sue within three years after the accident. However, this does not apply to minor injuries.

• If the driver was intoxicated, then you can sue them within one year after the accident.

How To File a Claim With Your Car Insurance?

New York residents may be wondering how to file a claim with their car insurance.

However, filing a claim with your auto insurance company is pretty straightforward. The New York State Vehicle and Traffic Law require you to file an accident report if you are involved in an accident involving more than $1,000 in property damage to one person, including yourself, within ten days, per the New York State DMV.

You should know what type of coverage you have. If you have collision coverage, then you should file a claim with your insurer.

It is important to know where to go to file a claim. Most insurers offer an online portal to file claims. Some insurers also provide toll-free phone numbers to call. However,  you should know what information you need to provide, such as:

• Make, model, and year of your vehicle

• VIN number

• Name of the driver involved

• Date of accident

• Location of the accident

• Description of damage

• Amount of damage

• Any injuries sustained

• Photographs of the damaged area

• Proof of ownership

• Proof of insurance

• Contact information for witnesses

Compile all the documents you need to submit, including the above information in your claim, along with any additional documentation requested by your insurer.  After you file a claim, your insurer will send out an adjuster to inspect the damages. The adjuster will determine whether the repairs are necessary and estimate the cost of those repairs.

Finally, you should know that filing a claim with your insurer is completely free. However, you may be required to pay a deductible before receiving reimbursement for the repairs.

What Is a No-Fault Claim?

A no-fault claim is an insurance policy that covers medical expenses regardless of whether the person was at fault for the accident.

No-fault claims are often confused with personal injury protection (PIP). PIP is a separate type of coverage that pays benefits for certain injuries such as broken bones, whiplash, and soft tissue damage.

What Is a Physical Damage Claim?

A physical damage claim after a car accident in New York is an insurance claim filed against the driver of another vehicle involved in a collision.

In most cases, the claimant files a claim against the driver of the other vehicle based on negligence. This means that the claimant believes that the driver was negligent in causing the accident.

However, there are times when the claimant may file a claim against the driver without proving that the driver was negligent. For example, the claimant may believe that the driver caused the accident intentionally.

Physical damage claims are often filed after a car accident in NYC. These types of claims are usually filed by the victim of the crash. However, sometimes the victim does not file a claim against the other driver.

Get Started on Your Car Accident Claim Today

If you have been injured in a car accident in New York, call our law firm today for a free consultation. Our team of experienced car accident lawyers at Banville Law can help you get the compensation you need for your injuries. 

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Laurence P. Banville
Date Published: April 25, 2022
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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