What Is New York's Car Accident Statute of Limitations?

A "statute of limitations" is a law that sets a time limit on the right to take certain kinds of legal action. After a car accident, a statute of limitations puts a strict deadline on when a lawsuit must be filed in the state's civil court system, by anyone seeking compensation for crash-related losses.

Let's look at how these laws (and the deadlines they set) work in the state of New York, in the context of a car accident case.

What Are the Different New York Car Accident Lawsuit Filing Deadlines?

In New York, the time limit that applies to a traffic accident-related lawsuit can depend on whether the person filing the case (the plaintiff) is seeking compensation for injuries, property damage, or death.

New York's Statute of Limitations for Car Accident Injuries

The statute of limitations that applies to car accident injury lawsuits filed in New York is the same as the larger one that covers most personal injury cases. Specifically, under New York Civil Practice Laws & Rules section 214, if anyone was injured in a car accident—that includes a driver, passenger, motorcycle rider, bicyclist, or pedestrian—they must get their lawsuit filed within three years of the date of the crash.

New York's Deadline for Vehicle Damage Lawsuits

That same three-year deadline applies if the lawsuit is seeking only compensation for the repair or replacement of a vehicle or other property that's been damaged or declared a "total loss" after the crash. Learn more about property damage claims in New York.

New York's Deadline for Car Accident Wrongful Death Lawsuit

If someone dies as a result of a car accident, and the family or other representative of the deceased person wants to file a New York wrongful death lawsuit against the driver who caused the crash, the deadline for starting that case is two years from the date of the deceased person's death (and keep in mind that the date of the death might be different from the date of the accident). This statute of limitations can be found at New York Estates, Powers & Trusts law section 5-4.1.

What If I Miss the Statute of Limitations Deadline in New York?

In New York, as in every state, if you try to file your car accident lawsuit after the statute of limitations deadline has passed, the driver you're trying to sue will ask the court to dismiss your case, and the court will almost certainly grant the dismissal (unless there's a reason to give you more time). That's why it's so important to understand how the deadline applies to your situation.

Can the New York Car Accident Lawsuit-Filing Deadline Be Extended?

Yes. There are a few (relatively rare) situations that might change the statute of limitations timeline after a car accident, including when:

• the person injured in the accident is considered to be "under a legal disability," meaning they're under the age of 18, or considered to be of "unsound mind"; here the three-year "clock" for filing a car accident lawsuit probably won't begin to run until the person turns 18 or is declared legally competent, or
• the person who allegedly caused the car accident leaves the state of New York before the lawsuit can be filed, and is gone for four months or more; in this situation the time of absence likely won't be counted as part of the three-year statutory period.

What's Next?

Learn more about other New York laws that could affect a car accident case.

If you've already started the car insurance claim process, you might be confident that you'll get a settlement. But from a strategy standpoint you always want to make sure you have plenty of time to file a car accident lawsuit if you need to. At a minimum, doing so will give you more leverage during settlement negotiations.

If you have questions about the statute of limitations, or if the filing deadline is coming up, it may be time to contact an experienced legal professional. Learn more about when you might need a car accident lawyer, and how to find an attorney who's right for you and your case.