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By Shabnam Mashmasarmi, Esq., Empire Injury Advocates, PLLC
In New York, you generally have three years from the date of a car accident to file a personal injury lawsuit against a private driver. But that is not the only deadline. You have 30 days to apply for no-fault benefits, and only 90 days to serve a notice of claim if a city vehicle or city bus was involved. Empire Injury Advocates, PLLC in the Bronx helps people hurt in crashes keep track of every one of these dates.
What is a statute of limitations?
A statute of limitations is the time limit for filing a lawsuit. If you file after it runs out, the court will almost always dismiss the case, even if the other driver was clearly at fault. The clock usually starts on the day of the accident, not the day you find out how badly you were hurt.
How long do I have to sue after a car accident in New York?
For most car and truck accidents, you have three years from the date of the crash to file a lawsuit for your injuries. The rule comes from CPLR 214. The same three years applies to claims for damage to your car.
Three years sounds like a long time, but most of the work happens well before a lawsuit is filed. Your lawyer has to gather the police report, medical records, and proof of lost wages, and see whether your injuries meet New York’s serious injury threshold. Waiting also makes cases harder to prove. Video footage gets erased, and witnesses move or forget what they saw.
What is the deadline for no-fault benefits?
New York is a no-fault state. Your own auto insurance pays basic medical bills and part of your lost wages, no matter who caused the crash. To get those benefits, you must send the no-fault application to the insurance company within 30 days of the accident. Missing this deadline can cost you benefits, even when the rest of your case is strong.
Our guide explains what New York no-fault insurance pays and whose policy covers you.
What if a city vehicle or city bus was involved?
Claims against the City of New York and most public agencies follow much shorter rules. If you were hit by a sanitation truck, a police car, or another city vehicle, or you were hurt on or by a city bus, you generally must:
- Serve a written notice of claim within 90 days of the accident, under General Municipal Law § 50-e
- File the lawsuit within one year and 90 days of the accident, under General Municipal Law § 50-i
Claims against the city go to the NYC Comptroller’s Office. Claims involving NYC Transit, MTA buses, and some other authorities must be served on the agency itself, so it matters who owned the vehicle. If you miss the 90 days, you can ask a court for permission to serve a late notice, but judges can say no. Treat 90 days as a hard deadline.
What about hit-and-run crashes and uninsured drivers?
If the driver who hit you drove off or had no insurance, you may still have options. Your own policy may include uninsured motorist coverage, and your insurer will expect to hear from you quickly. If you have no policy in your household, you may be able to claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC), which generally requires a notice of intention to make a claim within 90 days. For a hit-and-run, report the crash to the police within 24 hours, or as soon as you reasonably can.
What if the injured person is a child?
For most injury lawsuits, the three-year clock for a child does not start until the child turns 18, under CPLR 208. The 90-day notice of claim rule does not pause the same way. A court may allow a late notice for a child, but it is not guaranteed, so file as early as possible.
How long does a family have to file a wrongful death claim?
When someone dies in a car accident, the family’s wrongful death claim generally must be filed within two years of the date of death, under EPTL § 5-4.1. A personal representative of the estate brings the claim, so the family may need to go to Surrogate’s Court first. If a city vehicle was involved, a notice of claim is also required.
New York car accident deadlines at a glance
- 30 days: no-fault application to the insurance company
- 90 days: notice of claim if a city vehicle or city bus was involved
- 1 year and 90 days: lawsuit against the city or a public agency
- 2 years: wrongful death lawsuit, counted from the date of death
- 3 years: lawsuit against a private driver or company
Some cases have exceptions that can shorten or extend these dates. A lawyer can tell you which ones apply to you.
What should I do now if I was hurt in a crash?
- Get medical care, and tell every provider your injuries came from a car accident.
- Write down the date of the accident and keep it with your claim papers.
- File your no-fault application right away.
- Find out who owned the other vehicle. If it was a city vehicle or a bus, the 90-day clock is already running.
- Keep every letter from an insurance company, and do not sign a release before speaking with a lawyer.
For more steps, see our checklist of 5 things you should do after a car accident in New York.
How Empire Injury Advocates helps
Empire Injury Advocates, PLLC is a personal injury firm at 340 East 149th Street in the Bronx. We help people hurt in car and truck accidents file on time, from the no-fault application to the notice of claim to the lawsuit. Our staff speaks Spanish. Learn more on our Bronx car accident lawyer and Bronx truck accident lawyer pages, or visit our Bronx personal injury lawyer page.
Frequently asked questions
Does the three-year deadline start on the day of the accident?
In most car accident cases, yes. The three years usually run from the date of the crash.
Is the 90-day notice of claim deadline counted in business days?
No. It is 90 calendar days. If the last day falls on a weekend or legal holiday, New York law generally moves it to the next business day.
Does a settlement offer stop the clock?
No. Talking with an insurance company does not pause the statute of limitations. If the case does not settle in time, the lawsuit still has to be filed before the deadline.
What if the deadline already passed?
Talk to a lawyer anyway. There are a few exceptions, and a lawyer can check whether any of them fit your case.
Talk to a Bronx car accident lawyer before time runs out
If you were hurt in a crash, call Empire Injury Advocates, PLLC at (917) 633-4335 or send us a message for a free case evaluation. Hablamos español.
This article is for informational purposes only and does not constitute legal advice. Contact an attorney for guidance specific to your situation.