Document Deadlines
There are strict deadlines for filing various documents. The following is a general guide to some of the required documents that must be filed promptly after an accident in New York State. This is not meant to be an all inclusive list of required documents. If we are retained to represent you, we will prepare and timely file the required legal documents for you.
NO-FAULT APPLICATION
For motor vehicle accidents, insurance policies require you to promptly submit a a No-Fault Application. In New York State, the time limit for filing the No-Fault Application has changed. Failure to timely file the No-Fault Application may result in the denial of your claim for payment of your bills for hospital and medical treatment, as well as your lost earnings caused by your injuries sustained in the accident. Remember that there are very short deadlines for filing the No-Fault Application. We strongly recommend that you keep a copy of the forms you file with the insurance company, and that you give a copy to your attorney.
UNINSURED MOTORIST CLAIMS AND UNDERINSURED MOTORIST CLAIMS
If the driver who caused your motor vehicle accident was either uninsured, unidentified (“hit and run”) or underinsured (insufficient policy limits of coverage), specific forms must be properly completed and timely submitted. For motor vehicle accidents, in order to protect your right to make an Uninsured Motorist Claim, or Underinsured Motorist Claim, if applicable, specific forms must be properly completed and timely submitted to the insurance company that provides these benefits. Other forms may also be required to be properly completed and timely submitted to the insurance company.
MOTOR VEHICLE ACCIDENT REPORT
For motor vehicle accidents involving personal injuries or substantial property damage, a Motor Vehicle Accident Report must be timely filed with the Department of Motor Vehicles.
SHORT DEADLINE FOR FILING ADDITIONAL CLAIM FORMS AGAINST A STATE, CITY, TOWN, VILLAGE, MUNICIPAL OR GOVERNMENTAL ENTITY OR AGENCY
For any type of accident where a state, city, town, village, municipal or governmental entity or agency is responsible, additional claim forms must be filed promptly. These required forms may include a Claim, Notice of Claim, Notice of Intention to Make Claim, or other forms. In some cases, these forms will be required to be filed against more than one state, city, town, village, municipal or governmental entity or agency. The deadline for filing these claim forms vary, but in New York, it is often 90 days from the date of the accident. If the required forms are not properly completed and timely filed with the correct entity or agency, the right to bring a lawsuit against the responsible entity or agency is usually lost.
DEADLINE TO START A LAWSUIT FOR YOUR INJURIES
In New York State, the Statute of Limitations (deadline to commence litigation) varies depending on the type of case, and whether the person or entity responsible for causing your accident is a private person, business or entity, or a state, city, town, village, municipal or governmental entity or agency. In New York, examples of some statutes of limitations for accident cases are one year from the accident, one year and 90 days from the accident, three years from the accident, or two and one half years from the malpractice. Other deadlines may also apply. Failure to comply with the appropriate deadlines will usually result in the loss of your claim or lawsuit.
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New York Accident Attorney Disclaimer: The New York personal injury, accident, injury, serious accident, or other personal injury legal information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your accident case with a New York Personal Injury Attorney or New York Injury Lawyer promptly, since there are strict time limitations that apply to New York personal injury cases. This website is not intended to solicit clients for accident cases outside of New York State. Under New York law, in the event there is no recovery in a contingency fee case, the client is responsible for the expenses of the litigation, including court costs and disbursements.
New York City Personal Injury Lawyers and Attorneys New York City representing accident victims who have sustained serious injuries in New York City, Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester County, Rockland County and upstate New York.
Law Offices of Michael W. Goldstein, a New York personal injury law firm
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