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?


Asked on 7/10/01, 3:57 pm

4 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

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.

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Answered on 7/16/01, 5:25 pm

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

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Answered on 7/16/01, 6:19 pm
Patty Lewis Law Office of Patricia Ann Lewis

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.

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Answered on 7/16/01, 10:44 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Statue of Limitations

Get NY attorney.

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Answered on 7/17/01, 1:37 pm


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