Injuries from an auto accident can change your life forever. Regardless of the severity of the injuries, you will be forced to think about how to meet the medical bills as you recover in the hospital or at home. Whether you were at fault or not, you need to file an injury claim to have your insurance provider or the insurance provider of another party, such as another driver, help you meet the costs. How long do you have before your time to file a claim lapses?
New York Injury Claim Deadlines
The New York statute of limitations offers you three years from the time of the accident to file an injury claim. Anyone below the age of 18 might have a longer period to file their injury claim, but some conditions may shorten the time those under 18 years have.
The New York no-fault program stipulates that your insurance provider must pay you after an accident regardless of whether you were at fault. If the no-fault program doesn’t cover your medical bills, you can step out of it and seek compensation from the at-fault party’s insurance company. Situations that allow you to step out of the no-fault program include:
- Disability for at least 90 days
- Bone fracture
- Permanent or partial limitation of use of an organ
- Body disfigurement
If you have the above conditions or the 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.
Injury Claims Against the Government
If you need to file an injury claim against the state government, the time limit will change. The government allows you only a year, not three, to file an injury claim against a city or a county and get compensation.
If your claim is against the state of New York, you are given 90 days only to file a lawsuit. However, if you are yet to complete treatment and you are not sure how much to file for, you do not need to file a lawsuit within 90 days. Instead, you need to file an “intent to file a lawsuit” within 90 days.
New York laws are not clear on when you should notify the other party of your intent to sue. However, you need to inform them as soon as possible to avoid any challenge that might crop up. Telling the other party early gives you enough time to plan the claim according to your schedule. Again, notifying the other party first ensures they have enough time to respond to your injury claims, and they cannot claim ignorance.
The fact that you notify the other party doesn’t mean you have to see the claim to the court. However, if the case goes to court, you will have a strong backing.
Additional Filing Deadlines
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.
Work with an Injury Doctor
If you suffered from car accident injuries, contact our car accident doctors today. Get a personalized treatment plan and all the support you need for your medical documentation.