Posted on 07/14/25
Motorcycle riding in New York is one of the best ways to experience the landscape, explore remote regions, and navigate congested streets. You have the right to ride your bike with confidence and safety. When something happens and you cannot do so, you also have the right to pursue a lawsuit against the at-fault party.
How long do you have to file a motorcycle accident lawsuit in New York? The statute of limitations gives you three years, in most cases, to file a lawsuit with the help of a Buffalo motorcycle accident attorney.
Filing a Lawsuit for Injuries and Property Damage
In most situations, the rider of the motorcycle has three years from the date of the accident to file a lawsuit against the at-fault party for the damages suffered. The statute of limitations in New York is very clear. If you miss this deadline, you may not be able to recover any damages after the incident.
Note that this is not the timeframe for filing a claim with the insurance company. Typically, you have already done that by this time, as they have denied or been unwilling to settle fairly with you on your claim, and now you need to go to court. Filing a lawsuit within the three-year timeframe means you are asking the court to consider the accident, your losses, and the insurance company’s responsibility to pay you.
There are some exceptions to this statute of limitations. For example, if you were under the age of 18 at the time of the accident, and your parents did not seek compensation through a claim, the three-year statute of limitations does not begin until you turn 18. This gives you the ability to seek compensation as an adult. Other factors may apply in which your motorcycle accident attorney in New York may help you overcome the time frame limitations.
Filing a Lawsuit After a Fatal Motorcycle Wreck in NY
If your family member lost their life in a motorcycle accident, the immediate family or the estate of the rider may file a claim against the at-fault party. However, this is now a Buffalo wrongful death case. Under the state’s laws, the victim’s family has just two years from the date of the death to seek legal action in a court of law. Note that this is two years from the date of death, not the date that the accident took place.
Because this is a much shorter timeframe, you should act quickly. These cases are often far more complex, and working with a skilled wrongful death lawyer in New York becomes critical to your ability to recover fair damages.
Filing a Claim Against a Public Entity
In any situation where a motorcycle accident occurs with a public entity, you only have 90 days to submit a claim for the losses you have. This includes filing a claim against a city-owned transportation system, any municipality, or the city council as a whole. This much shorter timeframe makes it critical for you to hire an attorney immediately.
Even if the statute of limitations is approaching quickly, take action now to contact a New York motorcycle accident lawyer. Your attorney will preserve your right to compensation and help you build a strong claim against any party at fault. You can often receive a free consultation to find out if you have a case as well.