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Are There Time Restrictions on Filing a Law Suit for a Motor Vehicle Accident?

Sept. 15, 2021

Yes. States have Staute of Limitations to act as a time barrier preventing individuals from pursuing a claim after what the state deems to be a substantial period of time after the cause of the action occurs. Most in the legal field agree that the main reason for creating these limitations is to prevent potential defendants from being subject to an unfair litigation in which the relevant evidence may have been lost or testimony forgotten because of the prolonged-time period since the incident. New York Statute of Limitations limits the time to file a claim for a motor vehicle accident. In most cases, the time limit is three years (3) from injury, or from the car crash causing the injury. However, if the car crash involved a death, then a Wrongful Death claim must be filed within two years (2) of said death. Additionally, if the claim involves the State of New York or a municipal entity, a Notice of Claim must be filed within ninety days (90) with the municipality involved and suit must be filed against the State, City or municipal entity within one year (1) and ninety days (90).