After going through a car accident, you may or may not be injured. Of course, there's times when injuries are apparent and clear, such as broken limbs, cuts or worse. However, sometimes you may think you are okay. You may believe you have walked away without injury. After the accident, adrenaline is pumping through your body, you are anxious and injuries may not manifest immediately.

Luckily, you have time after an auto accident to file a claim if you were hurt. There are time limits set under New York law, so it's important to know what these deadlines are. Plus, the period for bringing a lawsuit, however, differs from that for bringing a claim. You may not know both of these, but you don't necessarily have to if you employ an experienced New York car accident lawyer to handle your case.

There is one thing you can be certain about, take action as soon as you can. This means consulting with a lawyer, so you can determine your damages and how to go about recovering compensation.

There Are Deadlines To Follow After a New York Car Accident

It's likely that if you were recently in a serious car accident, you are dealing with injuries, medical expenses, and repair expenses. Both physical injuries and emotional distress can sometimes linger for extended periods of time, possibly forever. Unfortunately, you only have a limited period of time to submit a claim against the at-fault party; therefore, taking action is of the utmost importance.

New York's statute of limitations states that you have three years starting from the date of the accident to file a lawsuit. The court will reject your case and you will be unable to collect compensation if you wait more than three years to file a claim.

Three years might seem like a long time, but bear in mind that there are other deadlines that are shorter that you must take into account. They include:

• You are required to report the accident to the Department of Motor Vehicles (DMV) within 10 days of the accident if the damages are greater than $1,000. You can do so online at the DMV website.

• Within 30 days of the accident, you must submit a claim to your insurance company to obtain your no-fault insurance benefits.

• You have 30 days to submit a claim to be eligible for disability benefits.

• If a government agency or municipality is at fault, you must submit a "notice of claim" within 90 days of the incident.

• You must file a claim within 90 days with the Motor Vehicle Accident Indemnification Corporation if you need to make a serious injury claim resulting from an uninsured driver (MVAIC).

New York's No-Fault Benefits: What It Covers

No-fault auto insurance is required by law in New York and covers a number of particular financial damages, including medical expenses, lost wages, and other expenses. 

No-fault benefits in the state of New York are limited to $50,000. You are protected under New York's No-Fault statute, which covers any medical costs incurred as a result of a car accident.

Your insurer provides no-fault benefits to those who sustain injuries in a car accident, which include:

• Medical expenses
• 80% of your lost wages for a maximum of three years, up to$2,000 each month. Federal disability benefits are available, as well as statutory offsets
• If qualifying, household assistance up to $25 per day
• Funeral expenses

"Basic No-Fault coverage" refers to a $50,000 cap on benefits. To be eligible for any further compensation that might be required to fully compensate all damages, you must obtain supplemental no-fault insurance. Even without any further benefits, you may still bring legal action against the person or organization responsible for your injuries through a personal injury lawsuit.

If all of your losses are not covered and another driver was negligent, you could be able to make a strong personal injury claim against the other driver's liability insurance. Because of this, you should employ a New York auto accident lawyer like Brandon J. Broderick who has a history of successful car accident cases.

When Should I File A Lawsuit Against The Other Driver?

If you have suffered what in New York is defined as a "serious injury", via Section 5102 of New York Insurance Law, you may be able to sue the other driver who was at fault if you were hurt as a result of their negligence.

You may also be able to file a lawsuit in court against a third party for pain and suffering when there has been an injury that has been determined to be "serious". In this scenario, you will need to hire your own personal injury attorney to take on and file the claim. For property damage and other financial losses that your no-fault insurance does not cover or that go beyond its limitations, you can also file a lawsuit.

Injured in a New York Car Accident? Need Advice? Brandon J. Broderick Is Here For You

Avoid attempting to handle a car accident case by yourself, especially if you're injured as a result of a negligent driver. An experienced New York auto accident lawyer can defend your rights and fight for fair compensation. At Brandon J. Broderick, Personal Injury Attorney at Law, you can count on us to use our expertise and skills to bring forth a favorable outcome. We've helped people just like you. Contact us today and schedule a free consultation.

We service clients across New York State, as well as in Queens, Brooklyn, Manhattan, and The Bronx in New York City.