Why it's important to promptly file a car accident claim in New York
A car accident can happen when we least expect it. Depending on the severity of a crash, the aftermath can be long-lasting and devastating. Moreover, recovering from a car accident (medical bills, lost wages, property damage, etc.) can be expensive.
While pursuing a car accident claim may not be the first thing on your mind immediately after a crash, it's important that you act fast to maximize your chances of being compensated for your losses.
How long do I have to file a car accident claim?
If you were involved in a car accident, it's critical that you understand there is a time limit on filing a claim. Under New York's statute of limitations, that time limit is three years from the date of your crash.
While rare, there are some circumstance in which you would be exempt from the three-year threshold. These include:
- You sustained a severe traumatic brain injury or permanent impairment that prevents you from being able to file a claim.
- The at-fault driver leaves New York for four months or longer. This time out of state doesn't apply to the three-year limit.
Your claim can be denied if you miss the three-year mark and the above criteria don't apply.
If you're filing a no-fault claim, you must do so within 30 days. Any claims against a government or municipal agency should be filed within 90 days of your crash.
How to get started on your claim
While you are required to file your claim within three years, it's best to act as promptly as possible. To get started, you should first speak to an experienced car accident attorney who can review the details surrounding your crash.
Your attorney can look into your crash and gather evidence to show how it happened. That could include:
Investigating the scene of the crash or hiring a crash reconstruction expert
Obtaining camera surveillance footage
Obtaining witness statements
Getting an unbiased report of the crash by police
Obtaining medical documentation
Bronx attorney serving injured motorists throughout New York City
If you were involved in a car accident, pursuing a claim will take time. You will first need to schedule a free consultation with your attorney to discuss your legal options. Your attorney will then need to:
- Launch an in-depth investigation
- Tally up all crash-related damages, including non-economic damages (pain, suffering, etc.)
- Negotiate with the at-fault driver's insurance provider for fair compensation
- Go to trial, if an agreement can't be met
For help filing your claim and getting the compensation you deserve, contact Giampa Law online or call our Bronx office at (718) 665-7700.