Filing Car Accident Lawsuits Against the Government in New York
Some car accidents result at least in part from negligence by the government, such as a poorly designed or maintained road. While the government traditionally had “sovereign immunity” from lawsuits, government entities in New York have waived this immunity for many personal injury cases. However, a victim who wants to sue the government for their injuries faces a more complex path than in an ordinary car accident case. They will need to comply with relatively strict deadlines and procedural rules. This makes it critical to know the nuances of the law and to act as soon as possible after an accident.
Deadlines for Suing the Government in New York
A person suing the government usually must submit a “notice of claim” in advance, describing certain key facts about the basis for the lawsuit. In 2013, New York enacted a Uniform Notice of Claim Act that standardized the process for suing most government entities. The core of the Act is Section 217-a in the New York Civil Practice Law and Rules. This statute provides that any action for property damage or injuries against a local government, or a state or local government agency entitled to receive a notice of claim, generally must be brought within one year and 90 days.
Section 217-a further requires someone bringing this type of case to serve a notice of claim on the government entity that they want to sue within the deadline provided by General Municipal Law Section 50-e. This means that the notice of claim must be served within 90 days after the accident, or 90 days after the representative of the victim’s estate is appointed for a wrongful death claim. A victim must meet other requirements in Sections 50-e and 50-i in the General Municipal Law as well.
Notice of Claim Under the General Municipal Law
A notice of claim under Section 50-e of the General Municipal Law must include:
- The name and address of the claimant and any attorney whom they have hired
- The nature of the claim
- The time when the claim arose, and the place and manner in which it arose
- The injuries or damages that the claimant has sustained
If the claim is against a municipal corporation that is not a city with 1 million or more residents, the claimant does not need to state the damages that they are seeking. However, the entity may ask the claimant to submit a supplemental claim quantifying the damages. They have 15 days to submit this claim after the request.
As provided by Section 50-i, a victim generally must allow 30 days for the government entity to respond to the notice of claim. If the government entity fails to respond within this time, or if it denies the claim, the victim can proceed with a lawsuit.
Procedures in the New York State Court of Claims
New York has created a special court called the New York State Court of Claims to hear cases seeking damages against the State of New York or certain related entities, including the New York State Thruway Authority. A law called the Court of Claims Act governs proceedings there. Section 217-a of the Civil Practice Law and Rules notes that it does not change any part of the Court of Claims Act.
A person suing the State of New York must follow the procedures required by the Court of Claims Act. For example, Section 10 of the Act provides that a claim for property damage or injuries caused by the negligence of a state officer or employee while they were on the job generally must be filed and served on the attorney general within 90 days after the incident. A claim for wrongful death caused by the state must be filed and served within 90 days after the appointment of the executor or administrator of the victim’s estate. A claim against the New York State Thruway Authority must be served on that entity as well as the attorney general.
Section 11 describes what a claim must contain, such as the nature of the claim, the time when it arose, the place where it arose, and the items of damage or injuries sustained. To ensure that they comply with the distinctive rules in the Court of Claims Act, a victim should consider consulting an attorney with experience pursuing litigation against the State.
