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Statute of Limitations on an Insurance Claim, Understanding the Law

Most insurance companies have a limitation on when to file an insurance claim, and each state has different rulings and claim forms. Statutes of limitations are laws that say how long, after certain events, a case may be started based on those events. If the statute of limitations has run out, a case should not be created in court. If a case enters after the statute of limitations has run out, it is called time-barred. A defendant or respondent can ask the court to dismiss the case if it is time-barred by the statute of limitations.

In civil cases, statutes of limitations usually range between one and ten years.

  • Sometimes this time period is counted from the date of the event itself – as in the date of a personal injury.
  • Other times, this period counts from the date of discovery of a condition one wishes to put right, such as discovering a defective manufactured good.

In criminal cases, statutes of limitations have a vast range depending on if the case is for:

  • an infraction, like a parking ticket,
  • a misdemeanor, like shop-lifting, or
  • a felony, like murder

New York Statute of Limitations.

In New York, the statute of limitations for a breach of contract claim is six years from the date of loss. However, insurance companies are required to settle that claim within 35 business days after it is filed.

  • Auto Insurance Claims: The New York statute of limitations for injured car accident victims is three years.
  • Accident Insurance Claims: Under New York law, you have two years from the date of the accident to file a claim if the incident resulted in bodily injury that required medical assistance.
  • Property Damage Insurance Claim:- If the accident only involved property damage, you have three years to file a claim.
  • Homeowner Insurance Claims: Homeowners have one year to file a claim
  • Health Insurance Claims: The state of New York reduced the statute of limitations for medical debts from six to three years.
  • Life Insurance Claims: The statute of limitations in New York is two years.

What Happens When the Statute of Limitations Ends?

It is essential to be aware that you will no longer have the right to file a lawsuit after the statute of limitations ends. The court will dismiss your claim if you filed a lawsuit after the statute of limitations has run out.

We Are Here To Help.

Not sure if your time limit to file an insurance claim has run out? Know your rights and understand how the statutes of limitations apply in your specific case. At Edelman, Krasin, & Jaye, PLLC, we offer more than 60 years of combined experience and have convenient office locations in Long Island, Brooklyn, and the Bronx, and we know how to approach these cases to get the results you need. Do not get denied your rightful claim. Our firm is committed to getting you the compensation you deserve. Contact our New York offices by phone at 800-469-7429 to schedule an appointment. You can also contact us using our online contact form and on our Live Chat application on our website to have your questions answered at any time.