How Long Do I Have to File a Car Accident Claim in New York?

You've probably heard that you have three years to file a personal injury lawsuit in New York. What you haven't heard about are the other deadlines that start the day of the crash (some as short as 30 days). Miss one of them and you lose the right to file, period. Keep reading to understand exactly how long do I have to file a car accident claim in New York.

Key Takeaways

You have three years from the accident date to file a personal injury lawsuit under CPLR § 214, but the first critical deadline, your no-fault application, is just 30 days.
Claims against government vehicles require a notice of claim within 90 days. Wrongful death claims carry a separate two-year deadline from the date of death.
A car accident lawyer in New York can identify which deadlines apply to your situation during a free consultation.

All the Deadlines That Apply to Your Car Accident Claim in New York

You can find the deadlines that are relevant to a car accident in New York, ordered by the level of urgency:

30 days from the accident: File your no-fault insurance application with your own insurer under NY Insurance Law § 5106.
45 days from treatment: Submit all medical bills to your no-fault insurance carrier.
90 days from lost time: File lost wage documentation. If a government vehicle such as an MTA bus, city car, or state vehicle was involved, you also have only 90 days to file a notice of claim.
One year and 90 days: Deadline to sue New York City or a state municipality.
Two years: Wrongful death claims, starting from the date of death, not the accident date.
Three years: Personal injury and property damage lawsuits against private parties.

By the time the last deadline of three years arrives, every shorter deadline has passed, and it might just be too late. So don’t assume that you’ve got a long time to file a car accident claim in New York with this deadline alone.

When Your Deadline Is Shorter Than Three Years

If a government vehicle was involved, your window to act is 90 days, not three years. The notice of claim has to be filed first, and without it, the court won’t hear your case.

Hit-and-run accidents have their own rules. If the driver was never identified, you have 90 days to file with MVAIC (Motor Vehicle Accident Indemnification Corporation). If the driver was identified but uninsured, that window is 180 days.

New York also requires you to report any accident involving injury, death, or more than $1,000 in property damage to the DMV within 10 days. Most people don’t know this deadline exists.

What Happens if You Miss the Filing Deadline?

The court dismisses your case. It doesn’t matter how serious the injuries were or how clear the other driver’s fault was. Once the statute of limitations expires, your right to file is gone permanently.

The one area with flexibility is the 30-day no-fault deadline. If you were hospitalized or physically unable to file, a late filing may be accepted with documentation. But “I didn’t know about the deadline” is not a recognized excuse.

Why You Shouldn’t Wait to Talk to a Car Accident Lawyer

Every deadline above started the day of your accident. So the longer you wait, the more you’re at risk of not meeting a deadline.

But that’s not the only issue. Traffic camera footage, which is usually the strongest evidence in a fault dispute, gets deleted within 30 days. In addition, witness memories fade. Even medical records are easier to connect to the crash, only when treatment starts early.

A free consultation takes the guesswork out of which deadlines apply so you can know exactly “How long do I have to file a car accident claim in New York?” Our team at Alex Yadgarov & Associates works on contingency, meaning you pay nothing unless we win.

If you were in a car accident and aren’t sure how much time you have, call us today: 866-995-9035. One of our experienced car accident lawyers will evaluate your case and provide advice on the next steps. There’s no obligation to continue with us.

“My team of leading personal injury attorneys take our cases personally. We will implement our experience, skill, and determination until you get the compensation you deserve.”