How Long Do You Have to Report an Accident in New York to Insurance?
How Long Do You Have to Report an Accident in New York to Insurance?
At the time an accident occurs, you have a limited period of time to file a claim with your insurance company. if you exceed that window of time, then you have little recourse to seek compensation. the term differs depending on the state of residence and the type of accident. it is imperative that you contact your provider as soon as possible after an accident to ensure you meet deadlines. You may also want to contact a personal injury attorney if the accident resulted in bodily injury.
Reading: How long do you have to make car insurance claim
new york statute of limitations
Most states have two to three years from the date of the accident to file an injury claim with your insurance. the reason for the extended time is that if injuries do occur, they may not manifest themselves until weeks or even several months later.
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Under New York law, you have two years from the date of the accident to file a claim if the incident resulted in bodily injury requiring medical assistance. if the accident only involved property damage, then you have three years to file a claim.
however, there are additional filing deadlines within that two to three year window:
- you have 30 days to file your insurance under the state no-fault law (described in the next section)
- you have 90 days to file your claim with the automobile accident indemnity corporation (mvaic ). this organization typically handles claims where the at-fault driver is uninsured.
- for automobile-related accidents, you must report the incident to dmv within 10 days if the collision resulted in damage and/or injury that exceed $2,000 in damages.
new york no fault law
When it comes to car accidents, New York follows the no-fault car rule. This means that any injury claim must first be handled through your personal insurance provider. Medical bills, property damage, lost wages, and other out-of-pocket expenses will be covered by your provider or the at-fault driver’s provider. Under the no-fault rule, you cannot seek compensation for non-monetary damages, such as emotional pain and suffering.
why you should notify your insurance right away
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Please note that individual insurance companies may also have their own policies regarding claim filing deadlines. always check with your personal supplier. this is generally known as a notice period. in any case, always report an accident as soon as possible. We recommend reporting within 24 hours, regardless of who was at fault. you can even report while you are still at the scene of the accident. don’t confuse the state’s statute of limitations with your insurance’s individual reporting deadline.
When you notify your insurance, they will give you an exact date regarding other claim deadlines. In almost all cases, the clock starts ticking from the date of the accident. Report the accident immediately, even if you think the damage is minimal and you don’t intend to file a claim.
By reporting in a timely manner, an agent can explain to you what a stressful and even traumatic time can be. the provider can guide you through the next steps and course of action. The agent will also review the details of your case and advise if you have grounds for a claim. if so, this includes what can and cannot be compensated. in essence, you’ll get plenty of logistical advice and emotional support from a knowledgeable expert.
Contact an Injury Lawyer
If the accident resulted in significant bodily injury or property damage, we recommend that you contact an attorney. the other party’s provider can dispute the claim, and you will benefit from having the legal representation of a personal injury attorney from kantrowitz, goldhamer & graifman pc car accident attorney will take on her case and use his knowledge of new york law to fight on her behalf in civil court.
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