Most people know there’s a deadline to sue after a crash. Fewer know that in New York, several clocks start at once, and the shortest ones run out in days or weeks. Here’s the order they hit after a Western New York collision.
What’s the main deadline?
Under CPLR 214, an action to recover damages for personal injury or property damage caused by negligence must be started within three years. With a crash, the clock normally begins running on the collision date. Starting the action means filing the summons and complaint with the Erie County Clerk and buying an index number. Talking to the insurer doesn’t stop the clock.
What are the shorter deadlines?
These come first, in order.
- 24 hours. If you were hit by an unidentified driver, report it to police within 24 hours to protect a claim through MVAIC or your uninsured motorist coverage.
- 10 days. Each driver must file an MV-104 with the DMV when anyone is injured or one person’s property damage passes $1,000, under Vehicle and Traffic Law 605.
- 30 days. Written notice of a no-fault claim to the insurer.
- 45 days. Medical providers submit bills to the no-fault insurer.
- 90 days. A notice of claim to the City of Buffalo, Erie County, a town, a village, a school district or the NFTA. The same window applies to a claim or notice of intention against the State or the Thruway Authority.
- 90 days. A notice of intention to MVAIC in a hit-and-run.
What about government defendants?
If a city plow truck, a Metro bus or a county sheriff’s car was involved, or a road defect caused the crash, two things change. You must serve a notice of claim within 90 days under General Municipal Law 50-e. And the lawsuit itself must be started within one year and 90 days under General Municipal Law 50-i, not three years. A court can allow a late notice in some cases, but never beyond that one year and 90 days. Read our notice of claim guide.
How long for a wrongful death case?
Two years, counted from the death, under New York’s wrongful death statute, EPTL 5-4.1. If the at-fault driver faces a criminal case, the family gets at least one year after that criminal case ends. The Grieving Families Act, which would have extended the deadline to three years, was vetoed again in December 2025 and isn’t law. See our wrongful death guide.
Do children get more time?
Generally, yes. Under CPLR 208, the clock for a person injured as a minor usually doesn’t run until they turn 18, with limits. But notice of claim deadlines for government defendants still matter, and waiting years makes evidence harder to find. Don’t rely on the extension without advice.
Does the 2026 reform change any deadlines?
Not the deadlines themselves. But the reform applies based on when a suit is filed. A suit filed on or after May 26, 2026 is governed by the new fault rule and the narrower serious injury definition, even for an older crash. That’s one more reason not to sit on a claim.
What if the deadline is close?
A lawyer can file a summons and complaint quickly to stop the clock. Don’t let a deadline slide while you wait for an insurer’s answer. Adjusters know the dates, and some will let talks drag past them.
The deadline table
| Step | Deadline |
|---|---|
| Police report for hit-and-run (MVAIC) | 24 hours |
| MV-104 to the DMV | 10 days |
| No-fault written notice | 30 days |
| Notice of claim, city, county, NFTA | 90 days |
| Claim or notice of intention, State or Thruway | 90 days |
| Suit against a city, county or NFTA | 1 year and 90 days |
| Wrongful death suit | 2 years |
| Most injury suits | 3 years |
The short version
- Three years for most crash lawsuits in New York.
- Ninety days to serve notice on a public defendant, and a year and 90 days to sue one.
- Two years for wrongful death.
- Ten days for the MV-104 and 30 days for no-fault notice.
The short first deadlines that sit in front of the three-year clock
The three-year injury period is not the first date most Buffalo crash victims have to meet. A no-fault claim generally has to be noticed within 30 days, and medical bills within 45 days, as the DFS filing FAQ describes. An MV-104 is due within 10 days after an injury crash, or a crash with more than $1,000 in property damage to any one person. A notice of claim against the City of Buffalo, Erie County or another public corporation is generally due in 90 days, and an NFTA claim follows Public Authorities Law ยง 1299-p. Those earlier dates can end a case even when the three-year lawsuit deadline is still open.
If a death is involved, families may also look at the state’s victim compensation program. A new law effective December 31, 2025 generally allows three years to apply and no longer requires a police report.
Order a copy of the crash report early too. The DMV order page says police reports generally appear about 30 days after the crash, motorist reports about 60 days, and that the DMV keeps them for four years. Waiting until year three to request a copy can leave you with nothing official to attach to a complaint.
Deadlines have exceptions in both directions. Confirm yours with a lawyer early. You can browse attorneys around Buffalo.