In New York, the statute of limitations for a car accident lawsuit is three years from the accident date. This deadline applies to claims for personal injuries and damages. 

Exceptions to the statute of limitations

Discovery rule

  • If you don’t discover your injury until after the statute of limitations has started, the statute begins on the day you discover the injury. 
  • Collisions with certain officials
    If you were in a crash with a coroner, sheriff, or constable while they were performing an official act, you have one year to sue. 
  • Collisions with government vehicles
    If you were hit by a municipal vehicle, you must serve a Notice of Claim within 90 days of the crash and then file a lawsuit within one year and 90 days. 
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