Ride-share services like Uber and Lyft have become a convenient part of New York life. However, they are not immune from accidents. When accidents happen, it raises several serious legal questions, including whether there is a deadline for filing Uber and Lyft accident claims. As your accident lawyer in New York, it is our obligation to point out that accident claims in New York come under a strict legal deadline known as the statute of limitations. In this post, we will walk you through how these deadlines influence your case and what steps you should take to file your claims on time.

What is the statute of limitations in New York? 

The statute of limitations is the legal deadline before which a person must file their lawsuit. If a person fails to file their lawsuit before the deadline, they may lose the right to claim compensation for their losses, regardless of the merits of their case. In New York, the statute of limitations can vary depending on the type of lawsuit filed. 

If you’re filing a personal injury lawsuit, you must file the action within three (03) years from the date of the accident. On the other hand, if you are filing a wrongful death lawsuit, the lawsuit must be filed within two (02) years from the death date of the deceased.

Can the statute of limitations be extended? 

While the standard time frame for a personal injury lawsuit is three years, certain exemptions can allow the statute of limitations to be tolled (i.e., extended). The extension may be granted when the case involves: 

• Minors – If the injured party is under 18 years, the clock on the statute of limitation does not start until the person turns 18. 
• Mental incapacity – If the person is mentally incapacitated at the time of the accident, the clock does not run until the incapacity is removed. 
• Defendant’s absence – If the defendant leaves New York for at least four months, the period of the defendant’s absence will not be counted for the three-year duration.

Why does the statute of limitations even exist? 

As an injured person, you may feel it is unfair to be held to such tight deadlines. However, as a personal injury law firm in NYC with decades of experience handling personal injury claims, we can tell you that there are many good reasons for the statute of limitations to exist. 

• Evidence degradation – Unfortunately, evidence does have a shelf life. Over time evidence can become unavailable and difficult to obtain, in turn making it difficult to have a fair trial. After all, justice delayed is justice denied. 
• Fairness to defendants – It would be unjust and unethical for someone to have the shadow of pending litigation constantly over their shoulders, and to have to defend themselves against accusations from the distant past. 
• Encourage diligence – The statute of limitations encourages plaintiffs to diligently pursue their claims rather than waiting indefinitely.
• Legal certainty and closure – The sooner the case is completed, the sooner people can move on with their lives. 
• Preventing case backlogs – Having a statute of limitations prevents the court docket from being filed with old and stale cases. It helps save court time and resources.

What can you do to overcome the negative impact of the statute of limitations? 

Since missing the statute of limitations can negatively impact your cases, here’s what you can do to protect your rights and increase your chances of compensation:

• Do not delay or avoid receiving medical treatment.
• File your insurance actions on time. 
• Gather evidence and keep detailed records. (Medical reports, accident reports, photographs and CCTV, witness contact information, etc.)
• Consult a New York City auto accident attorney early.
• Understand and monitor the exceptions to the standard three-year rule.

Conclusion

When a person is injured in a car accident in NYC, any lawsuit they file will be subject to the deadline known as the statute of limitations. This includes accidents involving Uber and Lyft. No matter the accident, it is a must to take prompt action to preserve evidence and strengthen your case. You will have a much easier time with it when you have a car accident lawyer in NYC to help you out. 

At Gabriel Law, we provide New Yorkers with the legal support they need to focus on their recovery and get the compensation they deserve. Contact us today and schedule your free and confidential consultation. When it’s a legal service that delivers results, Gabriel Law is the name.