If you're suing the state of New York, you only have two years to file a claim. If you are suing a municipality or government agency, the statute of limitations could be one year or less. This is why it is important to speak to an experienced auto accident attorney as soon as possible after your accident.
three yearsIf you've been in an auto collision in New York, you might wonder how long after an accident can you file a claim. Under most circumstances, you only have three years after a car accident to sue in New York. Under most circumstances, you only have three years after a car accident to sue in New York.
within 10 daysmust file their own accident report within 10 days from the date of accident or DMV may suspend your driver's license until your report is received. To meet the filing requirements, you must fill out and file the Report of Motor Vehicle Accident (PDF) (MV-104).
Once an insurance company has admitted liability and agreed to process the claim, they tend to move quickly. Some claimants receive their compensation in a few days. More commonly, the claimant will receive their compensation payment within 2 and 4 weeks.
Under New York law, you can only collect damages for medical expenses, lost wages and some other expenses related to your accident. You cannot sue your employer for pain, suffering, or emotional damage stemming from the loss of a loved one.
If nobody has been injured as a result of the accident, there's no legal requirement to provide details of your car insurance, but it might speed up the claims process if you exchange insurance company details and policy numbers.
New York is a No-Fault Insurance State New York is a “no-fault” insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident.
You'll need to report an accident to the police by dialling 101 – the police non-emergency number – within 24 hours. As mentioned above, if you cause any damage to someone's vehicle or property, no matter how minor, you should stop. If the other person is at the scene, give your name, address and vehicle registration.
Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.
If you suffered whiplash in addition to a “serious injury” (as defined by New York law), you may be able to file a lawsuit to recover all of your accident-related losses. This includes your economic losses and non-economic losses (i.e., pain and suffering) resulting from the crash.
Three YearsThree Years is the Standard Time Limit for New York Personal Injury Lawsuits. The New York personal injury statute of limitations is spelled out at New York Civil Practice Law & Rules section 214, which says that "an action to recover damages for a personal injury" must be "commenced" within three years.
Insurance companies in New York have 35 business days to settle a claim after it is filed. New York insurance companies also have specific timeframes in which they must acknowledge the claim and then decide whether or not to accept it, before paying out the final settlement.
It is in your best interest to contact a car accident lawyer as soon as possible after a car accident.
When you are trying to decide which attorney to hire to help you with your car accident legal issues, you need to look for a personal injury law firm with a history and proven track record of fighting for car accident victims.
Settlements vary depending on how severe the damages are and upon the case built for your claim. An insurance company may offer you a quick settlement amount based upon data and formulas which allow them to determine how much they are willing to give you.
After you hire an attorney to pursue your claim you may be eligible for some or all of the following:
The length of an automobile accident lawsuit varies depending on a number of factors but in general it may take anywhere from a few months to 1 or 2 years. Determining factors include, but are not limited to, whether or not fault has been admitted or determined, the insurance carriers involved, putting together the case, and determining the cost of past, present, and future medical treatments and income loss.
Most personal injury lawyers work on a contingency fee basis meaning they do not get paid until or unless you are compensated for your claims. When you are preparing to hire a car accident lawyer, they will discuss their contingency fee agreement with you and outline how much they will charge if your case is successful.
A personal injury lawyer can help you demonstrate fault after an accident and can defend your claim against insurance companies.
If a lawyer takes one-third of your recovery, then they'll need to improve your expectedresults by more than 50% to justify hiring them.
If the insurance company is not playing nice or refusing to acknowledge the full extent of your claim, you would definitely want to talk to an attorney.
It is important, however, to have a high level of confidence that something unexpected isn't going to happen. Once you sign off on an agreement, you'll likely never have the chance to seek more money ever again.
Don't doubt there are attorneys who'll take on smaller claims in exchange for a higher percentage of the recovery.
Most injury and accident law firms offer free initial consultations, so feel free to ask around and get some advice before going forward with your claim .
Generally, if no people were hurt, or there was no damage ( no broken bones or potentially lingering injuries that cause you to miss more than a couple days of work), then it may not be worthwhile pursuing a personal injury claim. Just be careful making this judgment of “no injuries” yourself.
You're certainly entitled to have counsel present to protect your rights in small claims court . The law firm, however, is likely going to expect a fee for their services rather than working on contingency, since the expected recovery would be very small. It depends on the situation.