In New York, including Long Island, you generally have three years from the accident to file a personal injury lawsuit against the at-fault driver. However, not every loss from a car accident is pursued through a lawsuit. The deadlines can also vary depending on what you’re claiming and who you’re claiming against.
Key Takeaways
- The three-year statute of limitations applies specifically to personal injury lawsuits for pain and suffering. They do not apply to no-fault benefits or property damage, which have shorter deadlines.
- Suing a government entity like Nassau County or a Long Island municipality requires a Notice of Claim within 90 calendar days. This is a mandatory precursor to a lawsuit.
- Missing deadlines usually means permanently losing your right to seek damages.
What Can You Actually Sue for After a Car Accident in New York?
A lawsuit isn’t your first step after a car accident in New York, and it isn’t available for every type of loss. Here’s how common claims break down:
- No-Fault (PIP) Benefits are Paid by Your Insurer: Medical bills and a portion of lost wages are paid by your own insurer, regardless of fault. You don’t pursue these through a lawsuit. You must file with your insurer within 30 days of the accident.
- Property Damage Claims Are Handled Through Insurance: Property damage is typically handled through insurance, rather than litigation. Claims against the at-fault driver carry a three-year deadline.
- Personal Injury Lawsuits Fall Under the Serious Injury Threshold: Suffering pain and suffering from a serious injury is the most common reason to file a lawsuit after a car accident. Your injuries must meet New York’s serious injury threshold under Insurance Law § 5102(d). You can seek damages for pain and suffering and lost earning capacity beyond your insurer’s no-fault benefits. You have three years from the accident to file.
- Wrongful Death Claims Have a Two-Year Statute of Limitations: There is a separate two-year deadline for wrongful death claims. This starts from the time of death, not the accident.
- Government Defendants: You can sue a government entity for damages in some cases, but you must file a Notice of Claim within 90 calendar days of the accident. Missing this deadline forfeits your right to legal action.
If you are a minor, the deadline to file a personal injury claim is three years, but it is tolled (paused) until you turn 18. This gives you until your 21st birthday to file.
Don’t Let Deadlines Derail Your Case
Three years to file damages for a personal injury in New York feels like a long time, until it runs out. Evidence fades quickly, and witnesses become harder to locate and verify. Medical records can become harder to connect to the accident if they aren’t meticulously collected and analyzed. The sooner you speak to a personal injury lawyer on Long Island, the stronger your position will be.
You can contact The Raimondo Law Firm for a free case evaluation. We will examine all the details to determine every viable pathway to seek damages. There is no fee unless we win.
Our personal injury legal team is available 24/7. Call us today at (631) 471-1222.
