How Long Do I Have? NYC Car Accident Statute of Limitations
Greenstein & Pittari, LLP | New York City Car Accident Lawyers
A car accident in New York City can disrupt your life in an instant. You may be dealing with emergency medical care, follow-up treatment, pain, missed work, vehicle repairs, and constant calls from insurance adjusters. While you focus on healing, another clock starts immediately: the legal and insurance deadlines that control your right to compensation.
Missing even one deadline can cost you your no-fault benefits, your ability to file a lawsuit, or your leverage to negotiate a fair settlement. At Greenstein & Pittari, LLP, our New York City car accident lawyers protect your claim from day one by tracking every deadline, filing the proper paperwork, and pursuing maximum compensation under New York law.
- Free consultation
- No fee unless we win
- Serving Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
Call 1-800-VICTIM2 (1-800-842-8462) to speak with a New York City car accident attorney today.
How Long Do You Have to File a Car Accident Claim in New York City?
There is no single deadline that applies to every New York City car accident claim. Your case may involve multiple timelines, including:
- Deadlines to apply for no-fault insurance benefits (PIP)
- Deadlines to report the crash to insurers or government agencies
- The statute of limitations to file a lawsuit in civil court
- Special rules for claims involving the City of New York, the MTA, or other government entities
- Short timelines for uninsured and hit-and-run claims under MVAIC, UM, or SUM coverage
The earlier you speak with a New York City car accident lawyer, the easier it is to protect your rights, preserve evidence, and avoid mistakes that insurance companies use to reduce payouts.
Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation.
Why Deadlines Matter After a New York City Car Accident
Deadlines are one of the top reasons valid car accident claims fail. New York courts enforce filing deadlines strictly, and insurance companies rely on missed deadlines to deny benefits or argue that your injuries are not serious.
Filing deadlines and insurance timelines can affect your ability to:
- File a personal injury lawsuit for compensation beyond no-fault coverage
- Recover lost wages through no-fault benefits
- Get medical bills paid under PIP
- Bring a claim for pain and suffering
- File a wrongful death claim after a fatal crash
- Sue the City of New York, the MTA, or another public agency
- Preserve evidence such as surveillance video, vehicle damage, and witness statements
Even if you technically have years to file a lawsuit, waiting weeks or months can reduce the value of your case. Footage can be erased. Witnesses can become challenging to locate. Vehicle damage may be repaired, or the vehicle may be lost. Insurance companies begin investigating immediately.
New York City Car Accident Deadline Checklist
Not every deadline applies in every case, but these are the most common time limits that affect New York City car accident claims:
- Accident report (in some situations): 10 days
- No-fault (PIP) application (NF-2): 30 days
- New York State disability benefits (if applicable): often 30 days
- Notice of Claim for government cases: 90 days
- MVAIC claims for some uninsured or hit-and-run crashes: often 90 days
- UM or SUM insurance claims: as soon as possible (policy-based)
- Personal injury lawsuit statute of limitations: 3 years from the crash date
- Property damage lawsuit statute of limitations: 3 years from the crash date
- Wrongful death lawsuit: 2 years from the date of death
- Municipal lawsuit deadline after Notice of Claim: often 1 year and 90 days
If you are unsure which deadlines apply to your accident in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, we can identify them and take immediate action.
Call 1-800-VICTIM2 (1-800-842-8462) today.
No-Fault (PIP) Benefits in New York: The 30-Day Deadline You Cannot Miss
New York is a no-fault insurance state. After most NYC car accidents, your first source of benefits is typically your Personal Injury Protection (PIP) coverage on your insurance policy, regardless of who caused the crash.
No-Fault Application Deadline (NF-2): 30 Days
In most cases, you must submit the no-fault application within 30 days of the accident.
PIP benefits may cover:
- Emergency room care and hospital treatment
- Ambulance services
- X-rays, MRIs, CT scans, and diagnostic testing
- Orthopedic and neurological care
- Physical therapy and rehabilitation
- Other medically necessary accident-related treatment
- A portion of lost wages
- Certain out-of-pocket transportation expenses to medical appointments
What Happens If You Miss the 30-Day PIP Deadline?
If your no-fault application is late, your insurer may deny benefits. That can leave you responsible for major medical bills and lost income, even if you did nothing wrong.
Late filing may only be excused with a clear and reasonable justification, and insurance companies interpret that standard narrowly. Serious injuries, hospitalization, or confusion about paperwork can still lead to denial without strong documentation and legal advocacy.
Our firm helps clients file no-fault paperwork correctly, submit medical documentation, and challenge improper denials.
Accident Reporting Requirements: A 10-Day Deadline May Apply
New York law can require an accident report within 10 days in certain situations, including crashes involving injury, death, or significant property damage.
Many people do not learn about this requirement until weeks after the collision. If you are unsure whether the 10-day accident report applies to your case, talk to a lawyer immediately so you do not risk creating an avoidable problem.
Insurance Company Notice Deadlines: “As Soon As Possible” Can Mean the Same Day
In addition to the NF-2 no-fault application, auto insurance policies often require prompt notice of an accident. Depending on your coverage, your policy may require you to report the crash:
- Immediately or the same day
- Within 24 to 48 hours
- Within a short window, such as 30 days
Suppose you were unable to report due to injuries, hospitalization, or trauma; documentation matters. Late reporting is one of the most common excuses insurers use to delay or deny benefits.
Statute of Limitations for New York Car Accident Lawsuits
The statute of limitations is the legal deadline for filing a lawsuit in civil court. Missing it can permanently bar you from seeking compensation through the court system.
New York Car Accident Personal Injury Lawsuits: 3 Years
In most New York City car accident cases, you have:
Three years from the date of the crash to file a personal injury lawsuit.
This deadline typically applies whether you were:
- A driver or passenger
- A pedestrian hit in a crosswalk
- A bicyclist or e-bike rider
- A rideshare passenger (Uber or Lyft)
- A person injured in a crash involving unsafe vehicle conditions
Important: The clock usually starts on the date of the crash, not when medical treatment ends, and not when the insurance company denies your claim.
Property Damage Lawsuits in New York: 3 Years
Claims for vehicle repairs, replacement value, towing costs, and damaged personal property generally have the same three-year deadline.
Wrongful Death After a Fatal NYC Car Accident: 2 Years to File
If a collision results in death, the timeline is shorter.
A wrongful death lawsuit in New York generally must be filed within two years from the date of death.
Families often lose valuable time while grieving and arranging funeral services. If your loved one died in a fatal New York City car accident, legal action may be necessary to recover compensation for financial and emotional losses.
Our firm can protect your rights and handle every step of the wrongful death claim with urgency and care.
Claims Against the City of New York, the MTA, and Other Government Entities
If your crash involved a government vehicle or unsafe conditions on government property, the deadlines are shorter, and the procedure is more stringent.
Examples include accidents involving:
- MTA buses or transit vehicles
- NYPD vehicles
- Sanitation trucks
- City-owned cars and trucks
- Dangerous potholes and roadway hazards
- Construction zones on public streets
- Collisions on government property
Notice of Claim Deadline: 90 Days
In most cases, you must serve a Notice of Claim within 90 days of the accident.
Missing this deadline can permanently block your claim, even if the government vehicle was clearly at fault.
Deadline to File a Municipal Lawsuit: Often 1 Year and 90 Days
After filing a Notice of Claim, you generally must file your lawsuit within one year and 90 days in many New York City municipal cases.
Claims involving New York State agencies may have different requirements under the Court of Claims Act, which is another reason immediate legal review is critical.
If you suspect the City of New York, the MTA, or another public agency may be involved, do not delay.
Uninsured and Hit-and-Run Accidents in New York City
If the driver who hit you has no insurance, or if the driver fled the scene, you may still have options. However, the deadlines can be very short.
MVAIC Claims: Often 90 Days
The Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide compensation in certain uninsured or hit-and-run situations. Some filings may need to be made within 90 days, depending on the circumstances.
Uninsured Motorist (UM) and Supplementary Underinsured Motorist (SUM) Coverage
If your policy includes UM or SUM coverage, you typically must notify your insurer as soon as possible. Delays can jeopardize your right to collect benefits.
These cases are technical and often contested. Getting a lawyer involved early can prevent coverage disputes.
Tolling and Exceptions That Can Extend the Deadline
Some circumstances may pause or extend the statute of limitations, including:
- Minors: the deadline may be paused until the injured person turns 18, which often allows filing until age 21
- Legal incapacity: severe mental impairment may toll the statute, but this must be documented
- Defendant leaves New York: the deadline may be affected in limited circumstances
- Uncommon delayed injury scenarios: rare in car accident claims, but possible
These exceptions are fact-specific. Please don’t assume an extension applies without a legal review.
Why You Should Not Wait to Start Your NYC Car Accident Claim
Even when the law gives you three years, waiting can damage your case:
- Surveillance footage is often overwritten within days or weeks
- Witnesses move, forget details, or become hard to locate
- Vehicles are repaired, scrapped, or sold
- Treatment gaps allow insurers to argue that the crash did not cause your injuries
- Insurance companies pressure victims into low settlements before they understand the actual value of the case
The goal is not to rush into a lawsuit. The goal is to preserve evidence, protect your no-fault benefits, and build a strong claim from the start.
Can You Sue for Pain and Suffering After a New York City Car Accident?
Because New York is a no-fault state, most injured people must meet the serious injury threshold to sue for pain and suffering.
Examples of serious injury under New York law include:
- Fractures
- Significant disfigurement or scarring
- Dismemberment
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use
- Significant limitation of use
- Injury that prevents normal daily activities for 90 days or more
- Death
If you are unsure whether your injuries qualify, we can review your medical records and explain your options.
How Greenstein & Pittari, LLP Helps New York City Car Accident Victims
Car accident claims in New York City are deadline-driven and paperwork-heavy. When you hire Greenstein & Pittari, LLP, you get a team that handles the legal burden while you focus on healing.
We can help by:
- Identifying every deadline and legal requirement for your case
- Filing no-fault paperwork correctly and on time
- Submitting medical records and wage loss documentation
- Handling communications with insurance adjusters
- Preserving evidence such as camera footage, photos, and witness statements
- Investigating fault and proving liability
- Documenting damages, including future treatment and lost earning capacity
- Negotiating aggressively for a fair settlement
- Filing a lawsuit when necessary and before deadlines expire
No upfront costs. No fee unless we win.
Don’t Be a Victim Twice. Call Today.
Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation with a New York City car accident lawyer.
Greenstein & Pittari, LLP is known for results, responsiveness, and relentless advocacy across New York.
Why clients choose our firm:
- Local Harlem office for convenience and trust
- No fee unless we win, backed by our Fee Guarantee
- Bilingual services available
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- Top-rated attorneys, including recognition by Best Lawyers and Super Lawyers
- Seven convenient locations throughout New York, including Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
The call is free. The consultation is free. You do not pay us unless we recover compensation for you.
FAQ: Deadlines for New York City Car Accident Claims
How long do I have to file a car accident claim in New York City?
There are multiple deadlines. You may have 30 days to file for no-fault benefits, 90 days to file a Notice of Claim in government cases, and 3 years to file a personal injury lawsuit in most cases. The correct timeline depends on the facts.
How long do I have to file a car accident lawsuit in New York?
In most cases, you have three years from the date of the crash to file a personal injury lawsuit.
When does the statute of limitations start?
It usually begins on the date of the accident, not when you finish medical treatment and not when the insurance company denies your claim.
What is the deadline to apply for no-fault (PIP) benefits in New York?
You typically must submit the NF-2 no-fault application within 30 days of the accident.
What happens if I miss the 30-day no-fault deadline?
Your insurer may deny benefits unless you can prove a clear and reasonable excuse, supported by documentation. Insurers often challenge late filings, so legal help is critical.
Do I have to report my NYC car accident to the police?
Many crashes are reported at the scene. Some situations may also require filing an accident report within 10 days. If you are unsure, please speak with a lawyer as soon as possible.
Is the deadline the same for property damage?
Yes. Most property damage lawsuits also have a three-year deadline.
How long do I have to file a wrongful death claim in New York?
A wrongful death lawsuit generally must be filed within two years from the date of death, although related claims may have different timelines depending on the circumstances.
What if I were hit by an MTA bus or a City of New York vehicle?
Government-related claims are subject to short deadlines. You may need to serve a Notice of Claim within 90 days and file a lawsuit within one year and 90 days in many municipal cases.
What if my crash involved a pothole or unsafe road conditions?
If a dangerous road defect contributed to the crash, the responsible government entity may be liable. These cases still require a Notice of Claim in most situations, often within 90 days.
What if the driver fled the scene in a hit-and-run?
You may have claims through no-fault benefits, UM coverage, SUM coverage, or MVAIC, but deadlines can be short. Some filings may be required within 90 days, depending on the case.
What is MVAIC, and how does it help after an uninsured crash?
MVAIC is a New York program that may provide compensation if you were injured by an uninsured driver or in a hit-and-run, when no other insurance coverage applies. These claims involve strict requirements and short deadlines.
Can a child sue for car accident injuries in New York?
Often, yes. The statute of limitations may be paused until the child turns 18, but government cases may still require a Notice of Claim within 90 days.
Can mental incapacity extend the filing deadline?
Yes, legal incapacity may toll the statute of limitations, but these cases require medical documentation and careful legal handling.
Do I need to wait until I finish treatment before contacting a lawyer?
No. You can build your claim while you continue treatment. Early legal representation helps preserve evidence, protect deadlines, and prevent insurance tactics from undermining your case.
What happens if I miss the statute of limitations?
In most cases, the court will dismiss your lawsuit, and you will permanently lose the ability to recover compensation through the legal system.
If I am receiving no-fault benefits, can I still sue?
Possibly. No-fault benefits cover basic economic losses, but you may be able to sue for pain and suffering if you meet the serious injury threshold.
How do I know if my injuries meet New York’s serious injury threshold?
Serious injury can include fractures, significant limitations, permanent impairment, scarring or disfigurement, and injuries that prevent regular activity for at least 90 out of 180 days after the crash. A lawyer can evaluate your medical records and explain whether you qualify.
How long does it take to settle a New York City car accident case?
It depends on your injuries, liability disputes, insurance coverage, and whether a lawsuit is necessary. Acting early helps protect your claim and often improves your negotiating position.
Should I accept the insurance company’s first settlement offer?
Be cautious. Early offers are often much lower than your case’s actual value. Once you sign a release, you may give up your right to seek additional compensation.
What should I do right now to protect my claim?
Get medical care, document your injuries, report the accident, and speak with a New York City car accident lawyer as soon as possible to protect no-fault deadlines and preserve evidence.
Speak With a New York City Car Accident Lawyer Today
If you were injured in a car accident in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, do not assume you have time. You may have 30 days to secure no-fault benefits and only 90 days to preserve a claim against the City of New York or another public agency.
Call 1-800-VICTIM2 (1-800-842-8462) now for a free consultation.
At Greenstein & Pittari, LLP, we handle deadlines, paperwork, and insurance pressure so you can focus on healing.