I was driving straight, and a car from the opposite direction made a left turn and tried to cut across traffic..this occured on 9-08-13. Is it too late to file a claim?
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No, you have plenty of time. The only major time issue you have right now is that you have to get a No-Fault application in (with your insurance carrier) within 30 days of the accident. You have 3 years in order to commence a lawsuit for personal injuries arising out of a lawsuit. But keep in mind that, if you are suffering from injuries, you should be seeking medical attention and fully explain to the provider(s) all of the symptoms that you have. You will ultimately need to demonstrate that you sustained a serious injury (as defined by the NYS Insurance Law) in order to be successful with your claim/lawsuit.
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Assuming a municipal entity is NOT involved, the statute of limitations for filing a complaint against the responsible person or entity is 3 years from the date of the collision. If a municipality is involved, the statute is significantly shorter.
Please understand that while anyone can file a claim, the elements of an auto claim are somewhat different than other claims, since auto claims are governed by the NYS Insurance law. As such, there is a requirement that the person bring a claim must have suffered a "serious injury". If that was not the case, the claim will most likely be dismissed.
Under the circumstances, you should obtain the necessary medical treatment and also consult with a lawyer to get a more detailed understanding of the requirements of the state insurance law. If you have not done so, it will be necessary for you to file a No Fault application with your own insurance company. Be careful about the statements you make in the application, as it could have an impact on your claim against the responsible defendant(s).
THE LAUB FIRM P.C.
The question seems relatively simple but is complicated by the missing details. First, the statute of limitations to bring a claim for this accident will depend on who the other driver was that hit you. If it was a vehicle owned by a governmental agency, either local, state or federal then the applicable time frame will vary. If it was just another person, then it will be three years from the date of the accident. Where the accident happened will also effect the applicable time frame. There are other matters which you will also need to take into consideration. You should have notified your own insurance company already, and if not, then you should immediately. Also, if you sustained injuries in the accident there are applicable time periods for providing No-Fault insurance with notice and submitting an application to get your No-Fault benefits. However those benefits are assumed if your accident happened here in NY and your vehicle was registered and insured in NY. As you can see there are many things to evaluate and if this is something you want to pursue then I recommend you consult with an attorney. Our office provides free consultations for all NY based personal injury cases and can help you get the advice you are looking for about this accident. Good luck.
You need to file a claim for no-fault benefits with YOUR insurance company within thirty days from the date of the accident. The form is available online and it should have been sent to you by your insurance company. Don't wait, do it now and keep a copy for your records.
You have three years to sue the other driver and/or the owner of the vehicle, unless a governmental agency or employee is involved and at fault. If a governmental agency or employee is involved you have to file your claim in a much shorter time period, so consult an attorney right away.
You should request a copy of the police report to see who the driver was and the name of the owner of the vehicle. The police report will also include an insurance code that will allow you to determine the insurance carrier for the other driver.
An experienced attorney will help you to determine if you meet the serious injury threshold, which is a prerequisite to a lawsuit in NY.
You have three years from the date of the accident unless the other vehicle was a government vehicle, in which case you need to serve a notice of intent within 90 days. Assuming your injuries satisfy the legal requirements of NY's no fault criteria, time is on your side. Consult with an experienced personal injury attorney to assess your claim.
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