Getting into a car accident can be a really scary and stressful experience. If you feel overwhelmed after getting into an accident (especially if you’ve been injured), don’t worry. You’re not alone. In New York, like in many other states, there are specific rules about how long you have to file a car accident claim.

This time limit is called the “statute of limitations.” We’ll talk more about what this really means below, so don’t go anywhere. By gaining an understanding of these time limits and the steps you need to take after a car accident, you’ll be able to make sure that you get proper compensation for your injuries as well as any damages. Let’s break it down below, shall we?

Statute of Limitations for Car Accident Claims

The “statute of limitations” is basically a fancy way of saying the deadline for filing a lawsuit. In New York, the statute of limitations for car accident claims is generally three years from the date of the accident.

This means you have three years to file a lawsuit against the person (or people) responsible for the accident. If you miss this deadline, you might lose your right to try and secure compensation for your injuries and damages.

The three-year period starts ticking from the day the accident occurs. This window of time is meant to ensure that any legal action taken is done within a reasonable period. Waiting too long can have serious consequences. If you try to file a lawsuit after the three-year period, the court will likely dismiss your case outright, and you’ll lose the opportunity to claim any compensation.

Why Is There a Time Limit?

The statute of limitations exists because it’s important that car accident cases are handled while the evidence is still fresh. If you end up being a victim in a car accident, make sure to collect evidence (like pictures of the scene, damage to any vehicles involved, and physical injuries). As you can probably imagine, pictures will be most effective when they’re recent and clearly connected to the accident.

Not only that, but any witnesses involved will still be able to remember what happened. Memories can fade over time, and witnesses might forget important details. Furthermore, witnesses might become harder to locate as time goes on. This is why it’s important to report and handle the situation as soon as possible.

Understanding the Time Limit for Filing a Claim

It’s important to understand that the three-year statute of limitations applies to filing a lawsuit, not to making an insurance claim. That said, it’s still a good idea to file your car insurance claim as soon as possible after the accident happens.

Insurance companies have their own deadlines, and delaying your claim could hurt your chances of getting compensation. Each insurance policy is different. You should make sure to check your policy and ask questions if you’re confused about specific deadlines.

Reporting the Accident to Authorities and Insurance Companies

After a car accident, there are several steps you need to take, which we’ll take a closer look at below. Basically, you’ll need to make sure that you’ve meticulously documented and reported everything.

Who Should I Notify if I Am Injured in a Car Accident?

Many people wonder who they should notify first if they’re injured in a car accident. Your health and safety should be your first priority, which is why it’s important to call the police first. Let’s take a look at who you should notify in order below:

  • Police: If there are any injuries or significant property damage, you should call the police immediately. They will come to the scene, create a police report, and document any and all details about the accident. This report will be especially important when you file your insurance claim or if you decide to pursue a lawsuit.
  • Insurance Company: You should notify your car insurance company as soon as possible. Most insurance policies require you to report accidents immediately. When you call, make sure to provide them with the details of the accident. If you fail to report the accident to your insurance company in a timely manner, you could potentially be denied coverage.
  • Employer: If your injuries affect your ability to work, you should let your employer right away. They might need to make accommodations for you while you recover.

Seeking Medical Attention and Treatment

After a car accident, even if you feel fine, it’s important that you see a doctor. Some injuries (like internal bleeding) won’t be apparent right away, and you certainly don’t want to be caught off guard by these types of injuries later.

A medical professional will be able to take a look at your condition and document any injuries. This will be important for your insurance claim and any legal actions you might need to take later, which is another reason why it’s a good idea to see a doctor after a car accident.

Collecting Evidence and Documentation

Gathering evidence after a car accident is more important than you might think. You’ll need this evidence when it comes to supporting your insurance claim (and filing a lawsuit if necessary). When it comes to gathering evidence and documentation, there are some specific steps you should take:

Take Pictures

Use your phone to take pictures of the accident scene, any damage to the cars involved, your injuries (and injuries of passengers if applicable), road conditions, and any other important details. These pictures can serve as visual evidence to support your case, so it’s a good idea to take as many pictures as possible.

Get Contact Information

Collect the names, phone numbers, and addresses of all drivers, passengers, and witnesses involved. Witnesses can provide statements that support your version of the events that took place. Make sure to speak with them and explain what happened.

Exchange Insurance Information

Exchange insurance information with the other driver(s) involved. This includes getting names, addresses, phone numbers, driver’s license numbers, and insurance policy details. If the other driver refuses to give you their information, that is considered to be a violation of the law, and you should report it right away.

Request a Copy of the Police Report

Request a copy of the police report once it’s available. This report will contain important details about the accident and can serve as a piece of evidence in your case.

Exceptions to the Time Limit for Filing a Claim

While the general statute of limitations for car accident claims in New York is three years, there are some exceptions. It’s important to have a solid understanding of these exceptions because they can significantly affect your ability to file a claim.

Consulting with an attorney will be a helpful step, since they’ll be able to help clarify if any exceptions apply to your case. Let’s take a closer look at some exceptions to the time limit for filing a claim below:

Minors

If the injured party is a minor (under 18), the statute of limitations is extended. The three-year period begins when the minor turns 18. Since young people are newer to driving, they tend to get into accidents more often, so this is good to know.

Government Vehicles

If the car accident in question happened to involve a government vehicle, you have a shorter amount of time to file a notice of claim (usually 90 days from the date of the accident, and you must file a lawsuit within a year and 90 days).

Discovery Rule

In rare cases, if an injury wasn’t discovered immediately, the statute of limitations might start from the date the injury or damage was discovered. This tends to happen when injuries aren’t immediately apparent.

Hiring an Attorney for Legal Advice

Navigating the aftermath of a car accident can be awfully complicated. Thankfully, though, having an experienced attorney on your side can make a big difference. A lawyer who specializes in car accidents will be able to help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Listed below are some of the main benefits of hiring an attorney:

  • Legal Expertise: Attorneys who specialize in car accidents understand the legal process and will be able to guide you through it. They also know what evidence is needed to build a strong case.
  • Negotiation: Lawyers can negotiate with insurance companies to make sure you get fair compensation for your injuries (and any damages that occurred because of the accident). Insurance companies often try to minimize payouts, but a skilled attorney can advocate on your behalf.
  • Representation: If your case goes to court, having a lawyer can greatly improve your chances of things working out in your favor. Your car accident lawyer will present your case, question the witnesses (if applicable), and make legal arguments on your behalf.

Filing a Lawsuit if Necessary

If, for any reason, you’re not able to reach a fair settlement with your insurance company, you might need to file a lawsuit. As previously mentioned, your attorney will help you file the necessary paperwork and represent you in court. Here are the steps you’ll need to follow if you want to file a lawsuit:

Consultation

Meet with an attorney who specializes in car accidents to discuss your case. They will review the details and give you advice on what the best course of action will be.

File a Complaint

After you consult with them, your attorney will file a complaint in the appropriate court. This document will outline your claims and the damages you’re seeking.

Service of Process

The defendant (the person you’re suing) must be formally notified of the lawsuit. This is done through a procedure called “service of process.”

Trial if Necessary

Both parties will exchange evidence and information. This phase usually includes depositions, interrogatories, and requests for documents. If the case doesn’t settle, it will go to trial, where a judge or jury will decide the outcome. Your attorney will present your case and argue for your right to receive compensation.

What Happens if I Miss the Deadline to File a Car Accident Claim?

If you miss the deadline to file a car accident claim, you may lose your right to seek compensation. Courts are typically very strict about these deadlines, and exceptions are rare. You’ll need to act quickly and consult with an attorney to make sure you don’t miss any important deadlines. Here’s a quick rundown of the potential consequences:

Loss of Compensation

If you miss the deadline to file a car accident claim, you might not be able to recover any damages for your injuries (or property damage if that happens to be the issue at hand). This means you’ll have to cover medical bills, repair costs, and other expenses out of pocket.

Legal Challenges

Even if you have a strong case, missing the deadline can make it legally impossible to proceed. The court will likely dismiss your case. Needless to say, neither of these outcomes is ideal. That’s why it’s so important to file a car accident claim as soon as possible.

Conclusion

Dealing with the aftermath of a car accident can be challenging, to say the least. If you get seriously injured in a car accident, that can make this matter even more overwhelming and difficult to deal with. However, now that you have a better understanding of the time limits for filing a claim (and the steps you need to take), you should be able to protect your rights and get properly compensated for what happened.

Remember to report the car accident as soon as you can. Meanwhile, you should seek medical attention, gather as much evidence as possible, and consider consulting with an attorney. When it comes to filing a car accident claim in New York, the sooner you act, the better. Don’t wait until it’s too late to contact an attorney — they’ll be able to help you through this process and get you the compensation you’re entitled to.