Legal Question in Personal Injury in New York

Re: Statute of Limitations Auto Accident Lawsuit

Oh, Boy! You sure did this differently than your lawyer would have advised you!

1) he can file for at least 1 year for any injuries or damages.

And now, there is no police report to back up your story. You are trusting this person. What if he now claims there was a passenger whom he rushed to the hospital (this is a good excuse for not calling the police). There is only your testimony that you did not recklessly ram him and injure his passenger!

2) make a record of your own damages. Filing a police report now is a good idea, but a capable attorney will twist this around to suggest you knew it was a big accident and that is why you were afraid to file at the required time! Use your own judgment on this, but a police report is my advice.

Good Luck.

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Re: Statute of Limitations Auto Accident Lawsuit

Therre is a three (3) year statute of limitations for a negligence suit.

You must file, with the State of New York, an MV-104 form for any accident in which there is bodily injury and/or property damage of $1000.00 or more. If you have not already done this. go to the NYS Motor Vehicle website and get the form.

As to the police report, now it is self-serving and, essentially, useless.

But, turn the papers (the lawsuit) IMMEDIATELY over to your insurance company (the one you had on the date of the accident) or else you might have problems.

Good Luck

RRG