Is There a Time Limit to File a Claim for a Car Accident?
Every state has a statute of limitations for certain lawsuits. They are different for each type of lawsuit. A statute of limitation is simply the time you have to file a suit after the date of an incident. With a car accident, the time starts on the day of the accident itself. New York law makes it pretty simple. The statute of limitations is the same for a car accident as it is for any personal injury case. It is two years. If you don’t file your claim within two years, you lose the right to do so. This gives you ample time to get a lawyer, seek medical treatment and see if are injured. It also gives your lawyer time to see what kind of damages you have suffered.
Don’t confuse a statute of limitations for a lawsuit with your insurance claim. There is no legally determined time limit to file your insurance claim. However, this doesn’t mean you have unlimited time to file an insurance claim. In fact, the time to file an insurance claim is a lot less than the statute of limitations.
Most insurance companies require that you file your claim within a reasonable time after the car accident. This usually must be done within a few days of the crash. Exceptions may be made if you are in the hospital for an extended period of time following the accident.
Keep in mind that it is in the insurance company’s best interest to not pay your claim. If you don’t file in time, they will probably deny your claim. Even if you have a good reason, they will deny your claim at first. It will be up to you and your car accident lawyer to fight this.
Why You Need an Buffalo Car Accident Lawyer
If your insurance company denies your claim due to untimely filing, call a car accident lawyer. You cannot take the denial as the final word. There may have been a very good reason why you didn’t file your claim. Perhaps you were in the hospital for weeks or even months due to your injuries. Maybe you were not able to get the insurance information from the other driver. They may have taken off or refused to provide documentation.
Your attorney can contact the insurance company and file an appeal of your denial. There is no guarantee the insurance company will approve your claim. However, it is in their best interests to negotiate with your lawyer.
No insurance company wants to go to trial. If they know your attorney will fight the denial, they may be interested in paying the claim or settling. When it comes to a lawsuit against another insurance company or individual, you are going to need an accident attorney. This is not something you want to handle on your own.
An experienced attorney knows how the statute of limitations works. They will look carefully to determine exactly when the two years started. They will look to see when your claim was filed. If you have not filed your claim, your attorney can do so quickly so that you don’t miss the deadline.
Buffalo Car Accident Wrongful Death
Sadly, there are fatal accidents on the roads every day. If your loved one passed away as the result of a car accident, the statute of limitations is two years. However, the two years doesn’t start until the victim passes away. There may have been a long period of time between the date of the accident and the date of death. Perhaps there was extensive time in the hospital. Maybe the victim was in a coma for a long period of time. Contact a car accident attorney to handle this claim for you.
Claim for Vehicle Damage from an Buffalo Car Accident
Perhaps your insurance company didn’t cover the damage to your vehicle. Or maybe the other driver had no insurance. If you need to file suit against somebody or a company for vehicle damage, you have longer to do that. The statute of limitations in New York for vehicle damage is four years. The four years starts on the date of the accident.
Keep in mind that a judge or jury will wonder why it took you so long to file suit. Unless you couldn’t locate the other party, there are not many good reasons to wait four years to sue.
Contact an Buffalo Car Accident Attorney in Buffalo, NY
Call your local car accident attorney in Buffalo, New York for a free consultation. Here at Buffalo Car Accident Lawyers, we can explain how long you have to file your claim. He can also get the claims filed on your behalf now so you don’t risk missing the deadline.