Legal Question in Personal Injury in New York
Statue of Limitations
What is the statue of limitations for a personal injury claim if the accident occurred in California but the responsible insurred party resides in New York? Is the statue based on submission or settlement of claim? Also, if the responsible parties insurance company failed to send the 60 day notice regarding statue limitation, how does this affect the statue?
4 Answers from Attorneys
Re: Statue of Limitations
It is one year from the date of the accident. the insurance company is not required to send you any notice.
Re: Statue of Limitations
The general statute of limitations for personal
injury is three years, and starts from the date
of the accident. There are municipal notice
provisions, which are 90 days or less, but only
if the offending party is a municipality or an
employee of a municipality
The 60 day provision you speak of pertains to
policy coverages and insurance obligations, not
your right to sue
Do not forget, you will still need a serious
and severe injury before you can sue.
You should hire counsel. This firm is available
Re: Statue of Limitations
California provides for a one (1) year statute of limitations, generally, for personal injuries. There are exceptions: for instance, a minor may have a longer time period, or a claim against a public entity has a shorter period to comply with administrative procedures. If you are referring to an automobile accident, the tortfeasor's insurance carrier must notify you of the statute of limitations in general, but I am unaware of a "60 day" requirement. Whatever you do, remember that you must take action or you may forever be barred from making a recovery under the statute(s) of limitation. Whether it be me or another lawyer, you should consult with counsel promptly to preserve your rights. Good luck. Patty Lewis.
Re: Statue of Limitations
Get NY attorney.