When you are involved in a rideshare accident in NYC, everything slows down—except the law. When an accident occurs, the legal clock starts to tick, and that clock is known as the statute of limitations. Whether you’re a passenger, driver, or pedestrian, understanding how the statute of limitations can affect your case is important to protect your rights and pursue the compensation you deserve. In this post, the team at Gabriel Law will take on the role of your car accident lawyer in the Bronx and explain whether the statute of limitations applies to rideshare accidents, what deadlines you need to be aware of, and why acting fast can make all the difference.
What is the Statute of Limitations?
The statute of limitations is the legal clock that sets the maximum time a person has to file legal action after an incident occurs. The statute of limitations applies to both civil and criminal cases. However, the exact duration is specific to the type of legal action.
The statute of limitations exists to help preserve the evidence, prevent unfairness, and compel parties to file their case in the quickest and most efficient manner. It also helps the court manage extensive case loads without having to worry about ancient disputes clogging an already strained system.
What are the standard deadlines for car accidents in NYC?
In New York, when you are involved in a car accident, rideshare or otherwise, there are several important deadlines you need to keep in mind.
- Filing the accident report – 10 days from the date of the accident
- Filing a no-fault claim – 30 days from the date of the accident
- Filing a worker’s compensation claim – two years from the date of the accident (for work-related car accidents)
- Filing a personal injury lawsuit – 3 years from the date of the accident
- Filing a wrongful death lawsuit – 2 years from the date of the accident
- Filing a Notice of Claims—90 days (to communicate your intention to take action against a government agency)
- Filing a case against a government agency—1 year and 90 days from the date of the accident.
What are the exceptions that change the deadline?
In select situations, the statute of limitations can be tolled (i.e., paused/delayed). The common grounds for tolling that can apply in car accident claims are the following:
- Minority—If the plaintiff is under 18 years of age, the clock is paused until they reach adulthood (i.e., turn 18).
- Incapacity – If the person is suffering from mental incapacity, the clock does not run against them until they regain their competence.
- Defendant’s absence – When the defendant leaves the jurisdiction, the statute of limitations does not run until the defendant returns.
- Fraudulent concealment – If the defendant hides their wrongdoing, the clock does not run until the plaintiff is able to discover the wrongdoing.
- Pending lawsuits – If there is an ongoing lawsuit, the clock may be paused until the lawsuit has been concluded.
- Equitable tolling—The court can toll the statute of limitations on grounds of fairness to address an extraordinary circumstance that prevented the plaintiff from filing action, despite being diligent.
What Happens If You Miss the Deadline?
If you miss the statute of limitations deadline, even by a day, the judge can grant the defendant’s motion to dismiss the case, regardless of its merit. When your case is dismissed, you will lose the right to seek compensation through litigation, which inevitably weakens your negotiating position since insurance companies know you have no legal recourse.
How Can a Car Accident Lawyer NYC Help?
As a victim of a car accident, recovery should be your first priority. However, when you have to deal with insurance and legal processes under tight deadlines, things can be overwhelming. At the same time, you are likely to make a mistake that can cost you a fair settlement. That’s where an accident lawyer in Queens can help. When you hire a lawyer, they can:
- Look at the facts of the case and explain your legal options.
- Set your expectations on compensation.
- Collect evidence and build a strong and compelling case.
- Determine a value for the damages suffered and take steps to maximize the compensation.
- Handle all the documentation and make timely submissions before deadlines.
- Negotiate with insurance companies to achieve a fair settlement.
- Represent you in court and fight for your case.
Conclusion
The statute of limitations is the maximum duration given to a plaintiff to file legal action. In New York, the statute of limitations applies to all car accidents, rideshare or otherwise. The exact duration awarded can depend on the type of case. Failing to comply with the statute of limitations means you will lose the right to claim compensation through litigation.
If you’re injured in a car accident in New York and want someone to handle your case in an efficient and timely manner, Gabriel Law is here to help. We handle car accident cases on a daily basis, and we will make sure that the statute of limitations does not deny you the compensation you deserve. If you’re ready to take the next step to recovery, contact us now and schedule your free and confidential consultation.
