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What Is the Statute of Limitations for an Accident Claim in New York?

Car Accident

If you or a loved one has been hurt in an accident, filing an insurance claim may feel like the last thing you want to do. So, is there a statute of limitations on accident claims and what happens if you miss the deadline? Keep reading to learn more.

Filing a Claim

If you’ve been in an auto, bike, boat, or pedestrian accident, it’s important to know how to file a claim. Insurance claims A claim is a request for financial compensation that a driver files with their insurance provider. Each insurance company offers different premiums and coverage amounts, so it’s important to familiarize yourself with your policy.

Once you have familiarized yourself with the policy, you can make a claim. After an accident, it’s important to make a claim as soon as possible. In many cases, insurance companies require evidence of the accident or other time-sensitive information that could impact your coverage.

Here are some important things to note about your insurance policy and filing a claim:

  • You should file a claim as soon as possible or until you are capable to do so
  • Depending on the damage and who was responsible you may need to file a claim with a different company
  • When filing a claim, it’s important to provide them with your information and any additional documentation related to the accident
  • In some cases, auto insurance claims raise the premium depending on the age of the driver, accident history, and other circumstances

After an Accident

After an accident, it’s crucial that you contact your insurance company. When you make the call, be sure to provide the following information:

  • The covered vehicle involved in the accident
  • Who was driving
  • The time and location of the accident
  • A description of the accident and degree of damage
  • The name and insurance of the other motorist
  • Contact information for others involved in the accident or witnesses

If you are able, take notes when speaking to those involved with the accident. It is easier to provide a claim number and contact information than to leave contacting the other driver up to the insurance company.

Once you have contacted your insurer, file a police report. The insurance provider will use the report as evidence for your claim. The insurance company will process your claim and assign an adjuster to obtain additional information.

After the adjuster has evaluated the damage and submitted their report back to the insurance company, the provider will designate a coverage amount. Depending on the damage and the policy, the coverage amount could cover most of the cost or very little.

Statute of Limitations

It is crucial that you file a claim as soon as possible after an accident. In New York, those injured in an accident must file a claim within a year. However, it’s important to recognize that an insurance claim and a personal injury claim are different.

A personal injury claim must be filed with the court within three years of the accident. This means that a suit must be submitted to the court within three years along with all the necessary documentation. Once a claim is filed, the court will process it and a date is set for the hearing.

If you miss the filing deadline, the negligent party can file a motion to dismiss which will essentially cancel the case. Unless there are specific circumstances present that justify an extension, the statute of limitations remains in full effect.

Guidance Throughout the Claim Process

The Law Office of Seni Popat, P.C. understands how frustrating filing a claim can be which is why our firm works tirelessly to help you get the most optimal result. Our firm can help you file a claim and pursue damages so you can get the peace of mind you deserve.

Contact the Law Office of Seni Popat, P.C. today for more information.