Car accidents occur every day in the state of New York, and often, these accidents leave drivers, passengers, or pedestrians seriously injured. According to the New York State Department of Health, there were an average of 1,098 deaths per year due to unintentional motor vehicle traffic-related injuries in our state from 2012 to 2014, and during the same period, these accidents resulted in 12,093 hospitalizations and 136,913 emergency department visits. Meaning, every year New Yorkers all over our state have their lives changed permanently due to a car accident.

In Westchester County specifically, car crashes that occured from 2012 to 2014 were responsible for three fatalities, 42 hospitalizations, and 535 emergency department visits per month. So, while most of us are aware that car accidents in White Plains, NY cause a serious amount of damage each year, many New Yorkers are unaware of some of the basic car accident laws that dictate an injured driver’s rights and responsibilities following a car accident. Most of people simply believe that they will rely on the expertise of a car accident lawyer in White Plains, NY for the answers to all of their legal questions, and although it is true that you should contact a car accident lawyer if you are ever involved in a car accident, there are some basic car accident laws in White Plains, NY that you should be aware of due to the devastating impact that being unaware of these laws can have on your claim.

What is a Statute of Limitations?

Both the state and federal legislatures have recognized that as time passes after the date an event occurs that causes a legal controversy, a case, regardless of whether its a criminal or civil matter, becomes more and more difficult to prove and defend. As such, both state and federal law place a time limit on when certain types of cases can be initiated. This time limit is referred to as a statute of limitations, and the length of time the statute of limitations affords a plaintiff can vary depending on the type of case being initiated. For example, in New York the statute of limitations for a medical malpractice claim is two years and six months from the date of the act of malpractice in most cases. In contrast, the statute of limitations for a product liability claim is three years from the date of the accident.  

What is the Statute of Limitations for Car Accidents in NY?

Car accident claims involve two separate statutes of limitations, because most car accident claims involve two different types of claims, a claim for property damage and a claim for bodily injuries. As such, according to a car accident attorney in White Plains, NY at the Law Office of Daniel Kalish, the statute of limitations for bodily injury and property damage claims in New York is three years from the date of the accident.

However, most car accident lawyers in White Plains, NY will tell you that, as a general rule, you should always contact a car accident lawyer as soon as possible after being involved in an accident, because there are many critical pieces of evidence that need to be immediately preserved after a car accident has occurred including photos, witness statements, etc.  

What Happens if I Wait Until After the Statute of Limitations Expires?

If you wait until after the limitations has run, meaning expired, you could be barred from filing a claim for both your injuries and any property damage you have sustained as a result of the accident. However, you should contact a car accident lawyer in White Plains, NY to determine whether or not the statute of limitations has run in your case.