Car Accidents
How long do you have to file a car accident claim in New York? While many cases have a three-year statute of limitations, No-Fault claims, government cases, and wrongful death claims can have much shorter deadlines.
When someone comes into my office after a car accident, one of the first things I look at is the date of the accident. That date controls a number of important deadlines, and some of those deadlines can determine whether you have a case at all.
Most people have heard the term “statute of limitations,” but many do not really know what it means.
A statute of limitations is a law that places a deadline on how long you have to bring a legal claim. Once that deadline expires, you can potentially lose your right to pursue the claim, regardless of how strong the case might otherwise have been.
In a typical Long Island car accident case involving two privately owned vehicles, the statute of limitations is relatively straightforward. But not every case is typical. Different deadlines can apply when someone dies, when a municipality or governmental entity is involved, or when New York State may be responsible.
There are also important insurance deadlines that people sometimes refer to as statutes of limitations even though, technically, they are not.
Understanding the difference is important.
Five clocks can start running the moment an accident happens. Miss the wrong one, and a strong case can be lost before it’s ever filed.
| 30 Days | No-Fault Written Notice
Written notice of a No-Fault claim (commonly the NF-2) must reach the insurer within 30 days of the accident. This is an insurance notice requirement, not a true statute of limitations — but missing it can still cost you coverage. Insurance Deadline |
| 90 Days | Notice of Claim — Municipality
If a government vehicle, roadway condition, or public entity may be involved, a Notice of Claim generally must be served within 90 days under General Municipal Law § 50-e — even if it isn’t obvious at first that the government is involved. Government Defendant |
| 90 Days | Claim or Notice of Intention — NY State
Claims directly against New York State proceed under the Court of Claims Act. A claim, or a Notice of Intention to File a Claim, generally must be filed and served within 90 days. State Defendant |
| 1 Year + 90 Days | Lawsuit Against a Municipality
Once the Notice of Claim is served, the actual lawsuit against most municipalities and governmental entities must be commenced within one year and 90 days under General Municipal Law § 50-i. This is separate from — and follows — the 90-day notice deadline above. Government Defendant |
| 2 Years | Wrongful Death Lawsuit
When a car accident results in a death, a wrongful death action generally must be commenced within two years of the date of death under EPTL § 5-4.1 — not the date of the accident. Fatal Accident |
| 3 Years | Standard Negligence Lawsuit
For most New York car accident cases against a private driver, the statute of limitations is three years from the date of the accident under CPLR § 214. This is the deadline most people ask about — but it’s only the default, not the whole picture. Most Common |
One of the first deadlines we deal with after a New York car accident is the 30-day deadline for providing written notice of a No-Fault claim.
People often refer to this as the “No-Fault statute of limitations.” Technically, that is not what it is. It is an insurance notice requirement.
New York’s No-Fault regulations generally require an injured person to provide written notice of the accident to the appropriate No-Fault insurance company within 30 days of the accident. The notice must contain enough information to identify the injured person and provide reasonably obtainable information about when, where and how the accident happened.
An NF-2, formally called an Application for Motor Vehicle No-Fault Benefits, is commonly used to satisfy this requirement. However, the NF-2 itself is not necessarily what must be received within 30 days. Other sufficient written notice can potentially satisfy the requirement.
The important point is that the No-Fault insurance company needs timely written notice of the claim.
A true statute of limitations controls the amount of time you have to commence a lawsuit or legal proceeding.
The 30-day No-Fault requirement is different. It is essentially a condition of the insurance coverage. If you want the No-Fault insurance company to pay benefits, you are required to comply with the insurance policy and regulatory requirements for notifying the carrier of the accident.
There is also some flexibility built into the No-Fault rule. A late filing may be excused if the injured person can provide a clear and reasonable justification for failing to give timely notice.
That is very different from simply assuming that you have missed a deadline and have no options.
Missing the 30-day deadline can create a significant problem.
The insurance company may deny No-Fault coverage based upon late notice. If there is a legitimate reason for the delay, we may be able to challenge that denial. But I would never recommend relying on an exception when the claim could simply have been filed on time.
Losing No-Fault coverage does not necessarily mean that you lose your personal injury case against the negligent driver.
The problem is that No-Fault normally pays accident-related medical expenses and certain other economic losses regardless of who caused the accident. Without that coverage, paying for treatment can become much more complicated.
Someone who has private health insurance may be able to use it for accident-related medical treatment. However, that can mean dealing with deductibles, copayments, referrals, limitations on providers and other requirements that generally do not exist in the same way when treatment is being properly billed through No-Fault.
There can also be issues involving lost wages and other No-Fault benefits.
From my perspective, missing the No-Fault deadline does not necessarily destroy the personal injury case, but it can make the case considerably more difficult to manage.
That is why I want the No-Fault application and notice issues addressed immediately after we are retained.
For most New York car accident personal injury cases based upon negligence, the statute of limitations is three years from the date of the accident under CPLR 214.
This is the deadline most people are referring to when they ask me about the statute of limitations for a car accident.
If another driver runs a red light, rear-ends you, makes an unsafe left turn or otherwise negligently causes an accident, you generally have three years to commence a personal injury action.
That sounds like a long time.
I do not treat it that way.
There is very little advantage to waiting until the end of the three-year period to file a lawsuit. In fact, waiting can create problems that could have been avoided by starting the case earlier.
The three-year statute is also not universal. There are several important situations where the deadline is considerably shorter.
When a car accident results in a death, a different statute of limitations applies.
Under New York law, a wrongful death action generally must be commenced within two years of the person’s death under EPTL 5-4.1.
It is important to distinguish the date of death from the date of the accident. In many fatal accidents they are the same date or very close together, but that is not always the case.
Wrongful death cases can also involve additional issues because a personal representative generally must be appointed to bring the wrongful death claim.
These cases should be investigated immediately. There is rarely a good reason to wait.
This is where the deadlines become considerably more complicated.
A typical accident involving two privately owned cars may have a three-year negligence statute of limitations. If one of those vehicles is owned by a municipality or certain governmental entities, however, much shorter deadlines can apply.
The first deadline we usually think about is the Notice of Claim.
Most people think of a municipality as a town or village. That is correct, but the term can encompass much more when we are talking about governmental liability and Notice of Claim requirements.
On Long Island, potential governmental defendants can include:
This is important because it is not always obvious from the accident itself that a governmental entity may be involved.
For example, you may be involved in an accident with a truck, bus or other vehicle without immediately appreciating that the vehicle is owned or operated by a public entity. A roadway condition, traffic control device or other condition that contributed to an accident may also involve a governmental entity.
School districts and fire districts are two examples that people sometimes overlook. Public authorities and certain transportation entities can create similar issues.
The safest approach is to identify every potentially responsible party as early as possible.
For many claims against New York municipalities and other public entities, a Notice of Claim under General Municipal Law 50-e must be served within 90 days after the claim arises.
A Notice of Claim is essentially formal notice to the governmental entity that you intend to pursue a claim against it. It provides information concerning the accident, the nature of the claim and the injuries.
Ninety days goes by very quickly.
This is particularly dangerous in car accident cases because the governmental involvement may not be immediately obvious.
Imagine that someone is injured in a serious accident and initially believes that another driver is completely responsible. During the investigation, however, evidence develops suggesting that a municipal vehicle, roadway condition, traffic signal or some other governmental involvement contributed to the accident.
If that discovery occurs after 90 days, the Notice of Claim deadline may already have passed.
Sometimes.
New York law allows a court, under certain circumstances, to grant permission to serve a late Notice of Claim. Whether the court will allow it depends upon the particular facts of the case.
Among the issues that can become important are whether the governmental entity acquired actual knowledge of the essential facts within the required period or a reasonable time thereafter, the reason for the delay, and whether the delay substantially prejudiced the governmental entity’s ability to investigate and defend the claim.
The existence of an accident report, investigation or other documentation can sometimes become extremely important.
But I would never approach a case assuming that a court will excuse a late Notice of Claim.
The better approach is to identify the governmental defendant and serve the Notice of Claim within the original 90-day period whenever possible.
There is another deadline involving many municipal defendants that I consider even more important.
For many personal injury claims against municipalities and governmental entities, the lawsuit itself must be commenced within one year and 90 days after the claim accrues, under General Municipal Law 50-i.
This is separate from the 90-day Notice of Claim requirement.
That distinction is critical.
There are circumstances where a court has authority to permit a late Notice of Claim.
Once the actual statute of limitations has expired, however, the situation becomes much more difficult and potentially fatal to the case. My advice is simple: do not come close to this deadline.
A municipal case should be identified, investigated and calendared from the beginning with the shorter deadlines in mind.
Another distinction that is important is the difference between a municipality and New York State itself.
Claims directly against the State of New York generally proceed under the New York Court of Claims Act rather than the ordinary General Municipal Law Notice of Claim procedure.
For a negligence claim against the State, there can be a 90-day deadline to file and serve the claim or to serve a Notice of Intention to File a Claim. A properly served Notice of Intention can extend the time for filing the actual negligence claim.
The procedures for suing New York State are technical. Court of Claims Act Section 10 contains specific filing and service requirements, and those requirements should be taken seriously.
The larger point is that you should never assume that every government-related car accident follows the same rules.
It does not.
The identity of the defendant matters.
People sometimes ask why we would file a lawsuit when there are still months left before the statute of limitations expires.
My answer is that there is generally very little benefit to waiting until the last minute and quite a bit of potential downside.
One of the biggest concerns is identifying additional responsible parties.
The police accident report gives us a starting point, but it does not necessarily tell the entire story.
Discovery may reveal another owner, employer, contractor, company or governmental entity that should have been included in the lawsuit.
If the original lawsuit was filed with plenty of time remaining, we may have an opportunity to investigate that information and add the additional defendant before the applicable statute of limitations expires.
If the case was filed days before the deadline, that opportunity may be gone.
Filing the lawsuit is only part of the process. The defendants also have to be properly served.
Most of the time, service is relatively straightforward. Sometimes it is not.
People move. Addresses on accident reports can be outdated. A defendant may be difficult to locate. There may be questions concerning whether service was made at the correct residence or whether the person who accepted the papers was legally authorized to do so.
Those problems are much easier to address when there is time left on the clock.
This is another reason I do not like filing lawsuits at the last possible moment.
A defendant can challenge whether he or she was properly served.
Suppose the lawsuit was filed close to the expiration of the statute of limitations. Service is attempted, and the defense later moves to dismiss the case on the ground that service was improper.
If the court agrees with the defendant after the statute of limitations has already expired, the plaintiff can potentially find himself in a very difficult position.
“There are procedural rules that may provide relief in certain circumstances, depending upon exactly what happened and how the prior action was terminated. But that is not a position I ever want a client to depend upon. Whenever possible, I want enough time to commence the lawsuit, serve the defendants and correct a potential service problem while the underlying statute of limitations is still open. That is simply better case management.”
Steven Palermo
After handling Long Island car accident cases for many years, there are a few rules I think are worth following.
| 1 | Do not assume you have three years.
Three years is the general negligence statute of limitations, but shorter deadlines may apply depending upon who is involved. |
| 2 | Address No-Fault immediately.
The 30-day written notice requirement comes up quickly, and there is no reason to create a coverage problem by waiting. |
| 3 | Investigate ownership early.
Find out who owned the vehicles and whether anyone was driving in the course of employment. |
| 4 | Look for governmental involvement.
Towns, villages, counties, school districts, fire districts, public authorities and transit entities can all create shorter deadlines. |
| 5 | Do not assume a government-looking entity follows municipal rules.
Claims against New York State itself have their own Court of Claims requirements. |
| 6 | Calendar every possible deadline.
When there is any question about which statute applies, I prefer to calendar the shortest potentially applicable deadline until the issue is resolved. |
| 7 | File lawsuits with time to spare.
There is usually nothing to be gained by testing a statute of limitations deadline. |
Statutes of limitations are unforgiving because they do not necessarily have anything to do with whether an accident was someone else’s fault or whether the injured person suffered serious injuries.
You can have a very strong liability case and significant injuries and still jeopardize the claim by missing the applicable deadline.
That is why determining the correct deadlines is one of the first things I do when reviewing a new Long Island car accident case.
For most negligence claims, we start with the three-year statute of limitations. But that is only the beginning of the analysis. No-Fault has its own 30-day notice requirement. Wrongful death generally has a two-year statute of limitations. Municipal claims can involve a 90-day Notice of Claim and a one-year-and-90-day statute of limitations. Claims against New York State have their own Court of Claims procedures.
The safest approach is not to figure out how close you can get to a deadline.
It is to make sure you never have to find out.
For most personal injury claims arising from a New York car accident, the statute of limitations is three years from the date of the accident. There are important exceptions. Claims involving municipalities, governmental entities, wrongful death or New York State can have substantially shorter deadlines.
Generally, written notice of a No-Fault claim must be provided to the appropriate insurance company within 30 days after the accident. An NF-2 application is commonly used, although other sufficient written notice can potentially satisfy the requirement. A late filing may sometimes be excused when there is a clear and reasonable justification.
The No-Fault carrier may deny benefits because of late notice. A denial may sometimes be challenged if there was a clear and reasonable justification for the delay. Losing No-Fault does not automatically eliminate your negligence case, but it can make paying for medical treatment and recovering lost wages more difficult.
Depending upon your coverage, private health insurance may be available for accident-related medical treatment. However, you may have deductibles, copayments, network restrictions and other requirements. No-Fault also provides benefits beyond medical expenses, including qualifying lost earnings, so losing No-Fault coverage can create several practical problems.
A New York wrongful death action generally must be commenced within two years after the person's death. The claim generally must be brought by the decedent's duly appointed personal representative. Additional and potentially shorter requirements can apply when a municipality, governmental entity or New York State is involved.
For many personal injury claims against New York municipalities and other covered public entities, a Notice of Claim must be served within 90 days after the claim arises. This deadline can apply to entities such as counties, towns, villages, school districts, fire districts and certain public authorities.
Possibly. A court can authorize a late Notice of Claim in appropriate circumstances. The analysis can include whether the municipality had actual knowledge of the essential facts, the reason for the delay and whether the delay prejudiced its ability to investigate. You should never assume that permission will be granted.
For many negligence claims against municipalities and covered governmental entities, an action must be commenced within one year and 90 days. This is separate from the 90-day Notice of Claim requirement. Because different governmental entities can have different statutory provisions, the specific defendant must always be identified and researched.
No. Claims directly against New York State generally fall under the Court of Claims Act and have different procedural requirements. A negligence claim can require action within 90 days, either by filing and serving the claim or by properly serving a Notice of Intention that preserves additional time.
Waiting creates unnecessary risk. Additional defendants may be discovered, service may become difficult, or a defendant may challenge whether service was proper. Filing with sufficient time remaining gives your attorney an opportunity to investigate new information and address procedural problems before the statute of limitations expires.
The information provided in this blog is for general informational purposes only and reflects the opinions of the author. It is not legal advice and does not create an attorney-client relationship. Every case is different, and results depend on the specific facts and applicable law. You should not act or rely on any information in this blog without first seeking advice from a qualified attorney regarding your individual situation.
