New York Statute of Limitations for Car Accidents

In the State of New York a person has three years to sue for a car accident. The Statute of Limitations is 3 years from the date of the accident to sue someone for negligence while operating a motor vehicle. In NY a pedestrian, passenger or driver of a motor vehicle has three years to sue for personal injuries or property damage caused by private individuals or businesses, pursuant to CPLR Section 214. There are exceptions to the rule. The statute of limitations can be extended by reason of insanity or infancy pursuant to CPLE Section 208. Thus a person under the age of 18 will have 3 years from the date he or she turns 18 to commence a lawsuit. The staute of limitations in a motor vehicle case may be shorter against certain public entities, public authorities, municipalities and their agencies and departments. For example, a notice of claim against the City of New York for their negligence (or one of their employees driving a car, police car, ambulance, sanitation truck, motorcycle, fire truck, etc.) must be filed within 90 days after the incident, and the lawsuit must be commenced within 1 year and 90 days of the incident. It is important to contact a lawyer to determine the statute of limitations in your case since the specific facts of your case will determine the statute of limitations in your case and generalities cannot be relied upon. For example, if the lawyer determines that the road conditions played a part in the accident and that the government entity responsible for the road may be liable, a shorter statute of limitations and notice of claim filing period may apply than you realized. In general when involved in a motor vehicle accident (car, bus, motorcycle, truck, etc.) it is best to contact a New York Personal Injury Lawyer as soon as possible. An experienced NY Personal Injury Lawyer will be able to determine the statute of limitations. Additionally, early investigation is always best. It is much easier and better to locate and speak with witnesses closer to the time of the accident. It is more helpful to view and obtain pictures of the accident scene, and have any expert reconstruction done, closer to the time of the accident, while the conditions remain the same. Additionally keep in mind that no fault benefits should be applied in the first 30 days following the accident and as soon as possible or they will be denied. If you are injured due to the negligent operation of a motor vehicle (car, bus, motorcycle, truck, etc.) you should contact an experienced New York Lawyer to discuss your rights. Zalman Schnurman & Miner is a law firm experienced in handling NY motor vehicle accident cases. For a free consultation contact 1-800-LAWLINE (1-800-529-5463). All cases are handled on a contingency fee basis, so there is no fee to you unless there is a recovery.

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