Statute of Limitations for Car Accidents in New York

New York is a no-fault insurance state, meaning every driver must carry a minimum amount of personal injury protection insurance coverage that they can use for reimbursement after an accident. However, this does not necessarily prevent injured people from pursuing legal action against other parties who were responsible for those injuries. Under New York law, you can file a car accident lawsuit against the at-fault driver or other party if you or a loved one suffered a qualifying “serious injury,” such as death, dismemberment, broken bones, or loss of a fetus.

If you were seriously injured in an accident for which you were partially at fault, New York state law still allows you to pursue a lawsuit against the other negligent party. New York is a pure comparative negligence state, meaning you can recover damages even if you were partially or mostly at fault for the accident. However, your recoverable compensation will be reduced in proportion to your share of fault.

If your loved one died in a car accident, you may be able to pursue compensation on their behalf through a wrongful death lawsuit. Through this type of lawsuit, you can recover the typical damages from a car accident lawsuit, like medical bills and pain and suffering, as well as damages for wrongful death, such as funeral costs and loss of consortium.

If your loved one had already filed a car accident lawsuit before their passing, you may also be able to continue their suit as a survivor’s action and pursue additional damages.

However, New York’s statute of limitations for wrongful death lawsuits is shorter than the statute for typical car accident lawsuits–you only have two years from your loved one’s death to file. Your loved one’s date of death from accident-related injuries may differ from the date of the accident–remember the wrongful death statute of limitations is based on the date of death, not the date of the accident.