New York Personal Injury Deadlines: The Complete Guide

Under New York Civil Practice Law and Rules (CPLR) section 214, an action to recover damages for personal injury caused by another person's negligence, including most car accident claims, generally must be commenced within three years of the date the injury occurred. This time limit is known as a statute of limitations. Once it expires, a court will ordinarily dismiss the claim no matter how strong the underlying facts may be. Several other deadlines can apply depending on who caused the injury, who was hurt, and how the harm occurred, so the three-year period described above is only a starting point.

How Long Do I Have to Sue After a Car Accident in New York?

For a standard negligence claim arising from a car accident, the three-year period under CPLR section 214 typically begins to run on the date of the collision, not the date treatment ends or the date an insurance claim is denied. Settlement negotiations with an insurer do not pause or extend this clock. A lawsuit must be filed with the court, not merely reported to an adjuster, to stop the clock from running.

Does the Deadline Change if a Government Vehicle Was Involved?

Claims against a city, county, town, village, or other municipal entity in New York follow a different and much shorter timeline. General Municipal Law section 50-e requires a written notice of claim to be served on the public entity within ninety days of the incident. General Municipal Law section 50-i then requires the lawsuit itself to be commenced within a period measured from the date of the incident that is considerably shorter than the ordinary three-year period. Claims against New York State are governed separately by Court of Claims Act section 10, which likewise requires a notice of intention or the claim itself to be filed within ninety days.

What if the Car Accident Caused a Death?

When a car accident results in death, the applicable deadline shifts from the personal injury clock to the wrongful death clock. Estates, Powers and Trusts Law section 5-4.1 requires a wrongful death action to be commenced within two years of the date of death, not the date of the accident. If death occurs some time after the collision, the two-year period runs from the later date of death, which can produce a different deadline than the one that would have applied to a claim by the injured person had they survived.

Does the Deadline Change for a Child Injured in the Accident?

CPLR section 208 provides a toll for individuals who are under eighteen at the time of the injury. In general terms, the limitations clock does not begin running while the injured person remains a minor, and it resumes once they reach adulthood. The statute also places an outer limit on how long this toll can extend the filing period, so a claim involving a minor should not be assumed to remain open indefinitely.

How Do Different Types of Injury Claims Compare?

Because a single accident can give rise to more than one type of claim, it helps to compare the governing statutes side by side.

Type of Claim	Governing Statute	General Deadline
Ordinary negligence, including most car accidents	CPLR section 214	Three years from the date of the accident
Wrongful death	EPTL section 5-4.1	Two years from the date of death
Claim against a city, county, or municipality	General Municipal Law sections 50-e and 50-i	Notice required within ninety days; lawsuit deadline is measured from the incident and is shorter than the ordinary personal injury period
Claim against New York State	Court of Claims Act section 10	Notice or claim generally required within ninety days
Medical malpractice arising from post-accident treatment	CPLR section 214-a	Two years and six months from the act or omission

What Happens if the Deadline Passes?

If a lawsuit is not filed before the applicable deadline, the claim becomes time-barred. A defendant can raise the expiration of the statute of limitations as a complete defense, and a court will dismiss the case on that basis alone, regardless of how clear the evidence of fault might otherwise be. Once a claim is barred, an insurer generally has no further obligation to negotiate or pay it.

Can the Deadline Be Paused or Extended?

New York law recognizes a limited number of circumstances that can pause, or toll, a limitations period. CPLR section 207 addresses situations where a defendant is outside New York for a period of time. CPLR section 208 addresses infancy and certain forms of incapacity, as described above. CPLR section 204 can extend a deadline where a specific legal or contractual bar temporarily prevents a claim from being filed. These tolls are narrow and fact-specific, and none of them should be assumed to apply automatically to a given claim.

Which Deadline Actually Applies to a Claim?

When more than one deadline could apply to the same set of facts, the shortest applicable deadline controls. A claim that involves a public entity, such as a city bus, a municipal vehicle, or a defect on government-owned property, carries a notice requirement measured in days that is far shorter than the ordinary personal injury limitations period. Identifying every potential defendant, including any government entity, as early as possible is the only way to make sure that the shortest deadline in play is not missed.

This article is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes and how it applies depends on the specific facts. Speak with a lawyer about your own situation.