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What is the Statute of Limitations?

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After a car accident, it may feel like your whole world has stopped and been turned completely upside-down. Unfortunately, if you need to file a claim for injury, the clock starts ticking from the date of the accident. In New York, you have up to three-year statute of limitations to file a claim of injury if it is not covered in the no-fault program.[1] Situations that allow for an individual to seek a claim outside the no-fault program include: (1) disability for at least 90 days; (2) bone fractures; (3) permanent or partial limitation of use of an organ; and /or (4) body disfigurement.[2]

If compensation from your insurance provider did not meet all your medical bills, you need to file an injury claim within three years after the accident. The court will not attend your claim if you file it after three years. Some injury symptoms may not show after an accident. These include whiplash, bodily injury, and concussion. As such, you must see a physician immediately after the accident so that these injuries can be determined. If you do not see a doctor immediately, the attorney representing the insurance, or the at-fault party might challenge the legitimacy of the injuries. 

Although you have three years to file your claims, there are many other deadlines to meet within three years. For instance, you have ten days to file the accident report with the state Department of Motor Vehicles. 

Depending on the nature of the accident and the injuries that victims sustain, there are other deadlines. If someone sustains injuries, damages above $1,000, or someone dies, there are deadlines that you must meet. Other deadlines include:

  • You must file an injury claim with your insurance provider within 30 days after the accident, according to the New York no-fault program. 
  • You must file for disability payments with the state of New York within 30 days after the accident. 
  • File a notice of claim within 90 days of this applies. 
  • You have 90 days to file a claim with the MVAIC (Motor Vehicle Accident Indemnification Corporation), which will process no-fault claims if you do not have an auto insurance policy. 

There are multiple other deadlines that you have to follow. For instance, if you need to file for lost wages from the effects of an accident, you have 30 days. If you have any reservations or concerns regarding any upcoming deadlines, consult with an attorney at KI Legal to help you through the submission process and make sure that you are still within the statute of limitations to make a claim.

[1] Matter of Budget Rent-A-Car/State Ins. Fund, 237 A.D.2d 153, 159 (1st Dep’t 1997).

[2] Id. at 159.



This information is the most up to date news available as of the date posted. Please be advised that any information posted on the KI Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the KI Legal team

KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

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