Statutes of Limitations in New York Car Accident Lawsuits
A victim of a car crash in New York generally must bring their lawsuit within a certain time period. This deadline is known as the statute of limitations. If a victim does not file their case within the applicable statute of limitations, the defendant probably will succeed in getting the case dismissed, regardless of how significant the injuries or costs were and how clear liability may be. New York has several statutes of limitations that may apply to various types of car accident cases. Someone who is considering bringing a claim should understand each of these provisions so that they can preserve their rights.
The General Personal Injury Statute of Limitations in New York
New York Civil Practice Law and Rules Section 214(5) provides that claims involving personal injuries generally must be brought within three years. This statute of limitations applies not only to occupants of a vehicle but also to pedestrians, bikers, and other people who are injured when they are hit by a car.
The Property Damage Statute of Limitations in New York
Civil Practice Law and Rules Section 214(4) provides the statute of limitations for lawsuits to recover compensation for property damage, such as repairing or replacing a vehicle that was involved in an accident. This time period mirrors the personal injury statute of limitations, extending for three years after the accident.
The Wrongful Death Statute of Limitations in New York
A fatal car accident may lead to a wrongful death claim, which follows separate procedures from ordinary personal injury cases. New York Estates, Powers and Trusts Law Section 5-4.1 governs these claims. Among other rules, it requires a wrongful death claim to be brought within two years after the death of the victim, a shorter time period than the ordinary personal injury statute of limitations. Section 5-4.1 also requires the personal representative of the victim’s estate to bring this type of claim.
Time Limits When Suing a New York Government Entity
Some motor vehicle collisions result from negligence by the government. For example, perhaps a failure to repair a road hazard like a huge pothole causes a driver to lose control of their car. When a victim sues the government, they face much tighter time restrictions than the standard statute of limitations. They also may need to file additional paperwork called a “notice of claim,” providing certain key facts about the accident.
Civil Practice Law and Rules Section 217-a provides that personal injury, property damage, or wrongful death lawsuits against a local government, or a state or local government agency entitled to receive a notice of claim, may be brought only after filing a notice of claim within the 90-day period established by General Municipal Law Section 50-e. The 90-day period runs from the date of the accident for personal injury and property damage cases, while it runs from the date when a representative of the victim’s estate is appointed in wrongful death cases.
Moreover, a personal injury or property damage action against a government entity covered by Section 217-a must be brought within one year and 90 days. The two-year period for wrongful death claims still applies.
