New York’s personal injury law firmClick For Your Free Consulation
Posted in Car Accidents on January 5, 2023
Being involved in an accident can be an overwhelming and stressful experience, especially when it comes to dealing with insurance companies. Knowing what your rights are and understanding the process is essential to protecting yourself from any potential issues down the road. One of the most important things you need to know is how long you have to file an insurance claim or a personal injury lawsuit.
A statute of limitations is a law that limits how long you have to file a legal case after an incident has taken place. After the deadline passes, you will no longer be able to bring your case to court or receive compensation for any damages suffered as a result of the accident.
The purpose behind having statutes of limitation is twofold: first, they exist to encourage people who have been victims of negligence or malpractice to seek justice as soon as possible. Second, they act as protection against outdated evidence, or false accusations made many years after an incident took place.
As time passes, memories fade, and evidence becomes harder to find, thus making it difficult for both parties involved in a dispute to reach a fair resolution without resorting to guesswork or speculation.
In New York, victims have three years from the date of the car accident to file a claim for personal injuries in most cases. However, it’s important to note that there are some exceptions.
For example, if the victim was a minor, the statute of limitations will not begin to run until the victim turns 18. There are other exceptions as well, so it’s important to speak with an experienced car accident lawyer to ensure you don’t miss this deadline.
In New York State, there is a different statute of limitations for wrongful death claims. The deadline is two years for claims associated with fatal car accidents. This means that families and loved ones must file their lawsuit within two years of the fatal car accident, or they will be barred from doing so.
It is essential that you notify your insurance company as soon as possible after being involved in an auto accident. Ideally, this should be done within 24 hours of the incident occurring, but you have up to 30 days in most instances.
If you are unable to meet this deadline due to extenuating circumstances such as hospitalization or other significant issues, you can submit proof providing clear and reasonable justification for late filing. It is important that you provide detailed documentation and evidence justifying why your notice was not filed on time so that it does not negatively affect your case.
When notifying your insurer about an auto accident, it’s important to provide detailed information about what happened during the crash and any injuries involved. Be prepared with accurate answers and information such as dates of medical treatment and your prognosis.
Under New York regulations, an insurer has 15 days from the date of a claim being filed to respond with a request for additional information. This request can range from providing further details about the claim or asking for evidence such as medical records or receipts. Once the insurer receives the requested information, they have another 15 days to accept or deny the claim.
However, if the insurer needs additional time to investigate your claim before making a decision, they can send you a letter explaining why they need more time and extending the deadline by 90 days. This letter must explain why they need additional time and provide an estimate of when they will make their decision regarding your claim. During this extended period, they are allowed to ask for further information if necessary.
Ultimately, if you’re wondering how long after an accident can you file a claim, the answer is easy- the sooner, the better. If you need help with a car accident claim, contact The Law Offices of Jay S. Knispel to schedule a free consultation.
If you need legal assistance, contact the New York City car accident lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242