New York · Deadline to sue · Updated Oct 2026
Deadline to sue after a car accident in New York
Time limits, government claims and a calculator.
Short answer
In New York, you generally have 3 years from the crash to sue, for car damage and for an injury. Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law § 50-i).
- Property damage (your car)
- 3 years
- Injury
- 3 years
- Law
- CPLR § 214(4), (5)
- Small claims limit
- $10,000
Claims against a government in New York
- Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law § 50-i).
Shorter time limits to watch in New York
- No-fault (PIP): File a written no-fault claim within 30 days of the crash.
- Crash report: File a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days if anyone is hurt or killed, or if damage to any one person's property (including your own) is over $1,000.
More facts for New York
- For lawsuits filed on or after May 26, 2026, a driver whose fault is greater than the other side's cannot recover for crash injuries (CPLR § 1411(b)).
Deadline to sue in New York
Protecting your deadline in New York
- Deadline for both kinds of claim in New York: 3 years.
- If a government was involved, act fast. Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law § 50-i).
- Small claims, for car damage up to $10,000: New York small claims guide on Small Claims Map
- Don't wait for the insurer: talks with an adjuster don't stop the clock.
Free help in New York
Questions about deadlines to sue in New York
How long do you have to sue after a car accident in New York?
3 years from the crash, for car damage and for an injury (CPLR § 214(4), (5)).
How do claims against a government work in New York?
Before suing New York City or another public corporation, serve a written Notice of Claim within 90 days (General Municipal Law § 50-e), and sue within 1 year and 90 days (General Municipal Law § 50-i).
What is the small claims limit in New York?
$10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts.
More for New York drivers
- All car accident rules in New York
- Comparative fault
- Reporting a crash
- Uninsured driver
- Deadlines to sue in every state
- Small claims court for car damage
- Fault and payout explainer
- Insurance claim letter
- Police report request letter
Nearby states
- N.Y. Veh. & Traf. Law § 600 (leaving the scene)
- N.Y. Veh. & Traf. Law § 605 (report required)
- N.Y. Veh. & Traf. Law § 319 (penalties)
- N.Y. Ins. Law § 5102 (definitions, serious injury)
- N.Y. Ins. Law § 5104 (causes of action)
- N.Y. Ins. Law § 2601 (unfair claim settlement practices)
- CPLR § 1411 (comparative fault)
- CPLR § 214 (three years)
- General Municipal Law § 50-e (notice of claim)
- NY DFS: Auto insurance consumer guide
- NY DMV: Order and access crash reports
- NY DMV form MV-104
- NY Assembly: A.10008-C (2026), text and actions (signed chap. 58, May 26, 2026; Part EE)
- NY DFS Insurance Circular Letter No. 3 (2026): Motor Vehicle Insurance Reforms
- General Municipal Law § 50-i (1 year and 90 days)
Last checked: Oct 24, 2026.