How Long After a Car Accident Can You Claim Injury in NY

by William Mattar | September 11th, 2020

injured woman filling out insurance claim paperworkAfter a car accident, the effects of a serious injury can disrupt your life in unexpected ways. The physical and emotional pain, the mounting bills for your medical care and treatment, and the pressure to pay your bills after missing time from work, can all be overwhelming and difficult to manage.

On top of all this, you’ll need to figure out how to get financial compensation to cover your expenses. Many types of claims for injury in New York have short and strict deadlines that you must meet to receive compensation. Unfortunately, there is no simple answer for how long you will have to claim injury after a car accident. It will depend on the circumstances of your accident.

Before filing a claim after a car crash, you may need to consider various statutes of limitations, no-fault insurance laws, and other legal deadlines. These laws can be complicated but luckily William Mattar is here to help. Our New York personal injury lawyers can guide you through the step-by-step process to ensure that your claim is filed on time. Call (844) 444-4444 today to speak to an experienced car accident attorney.

STATUTE OF LIMITATIONS FOR PERSONAL INJURY

If you have suffered personal injuries, you have a limited time period to file a lawsuit in New York State. This time limit is known as a “statute of limitations.” Missing the deadline determined by a statute of limitations can result in you losing the ability to seek compensation for your injuries. This is one reason why it is important to get started on your personal injury claim as soon as possible.

Factors that impact statutes of limitations

Under New York personal injury law, the statute of limitations depends on the fact of your specific case and will depend on a variety of factors, including who is responsible for the accident and the type of the claim. For example, a claim against a municipality, such as a city, may have a shorter statute of limitations than a claim against an individual.

There are a few other considerations that may impact the time you have to file your claim, including the age of the parties and any disabilities they may be under. The same is true for accidents that result in a fatality. If an accident tragically results in a death, there may be grounds for a wrongful death claim. In this case, the statute of limitations for the wrongful death case would most likely be two years from the date of the victim’s death.

To learn more about what statutes of limitations may apply to your case, contact William Mattar law offices today to speak to a personal injury attorney.

NOTICE OF CLAIM

If the liable party in your accident is a municipality, such as a town, city, or county, you may have to serve a “notice of claim” within a short period of time. A notice of claim is what it sounds like—it’s a formal notice stating that you intend to bring a legal action, such as a claim or lawsuit, against that municipality. This rule also applies for a personal injury claim filed against a public corporation or government agency. Similar rules apply to claims against the state.

Failure to serve a notice of claim can prevent you from filing a lawsuit. Deadlines for a notice of claim are often short (often 90 days or less). So, it’s a good idea to speak to an experienced personal injury lawyer to figure out your specific obligations.

NO-FAULT INSURANCE CLAIMS

New York is a “no-fault insurance” state. This means that in most cases certain injury-related expenses will be covered by the no-fault insurance company. The carrier that is considered the no-fault insurance company will depend on the circumstances of the car accident. For example, if you were walking through a crosswalk when a vehicle hit you, the primary no-fault insurance company will be the carrier of the vehicle that caused the accident. If you were a passenger in a friend’s car at the time of the accident, the primary no-fault insurance company will be the carrier for the vehicle you occupied at the time of the accident.

In car accidents, there can be a primary and secondary no-fault insurance company. The expenses (such as medical bills and lost wages) that are not paid by the primary insurance company may be paid by the secondary insurance company.

The no-fault insurance company—or companies—typically require a notice of claim within 30 days of a car crash. If you miss the 30-day deadline, an insurance company could refuse to cover injury-related expenses, such as medical bills, lost wages, and other damages. That’s why it’s critical to find out how no-fault insurance laws could impact your claim right away.

WHAT CAN I DO IF I WAS INJURED BY A DRIVER WITHOUT INSURANCE?

In most car accident cases, there is an “at-fault driver,” who is responsible for causing the accident that resulted in your injuries. Typically, to receive insurance coverage, you would need to file a claim with the at-fault driver’s insurance company. But unfortunately, even though it’s mandatory in New York State, some drivers on our roadways do not have car insurance.

The good news is, if you have been injured in a car accident caused by an uninsured or underinsured driver, you still have options for finding a source of coverage. All auto insurance policies contain what is known as uninsured motorist (UM) or supplementary underinsured motorist (SUM) insurance coverage.

UM and SUM coverage

SUM coverage can be used when the driver responsible for your injuries has insurance, but it is not enough to cover all accident-related damages. With UM and SUM coverage, instead of filing a claim with the at-fault driver’s insurance company, you can turn to your own insurance policy for protection.

UM and SUM insurance are very important when it comes to making sure injury victims have a source of financial recovery. But, one thing to keep in mind is that insurance companies have requirements that need to be met to receive UM and SUM coverage. Most insurance companies require notice within a certain period of time following a car accident. They may also ask for specific details regarding the incident itself.

If you miss a deadline, you may be denied UM/SUM coverage. Fortunately, your car accident attorney can help make sure that you meet all notice requirements for your insurance company to receive coverage.

GET HELP NOW

If you have been injured in a car accident, it’s time to get help from the legal team at William Mattar. Our experienced car accident lawyers know how stressful the legal process can be. We can help you identify the applicable statutes of limitation for your case and ensure that you meet every deadline.

At William Mattar, we offer a No Fee Until We WinSM  guarantee, which says that you will not owe us any attorney’s fees unless we settle or win your case. Contact us today to learn more about how we can help you recover compensation. Call (844) 444-4444 or submit the free initial consultation form on our website.