How Long Do I Have to Sue After a Car Accident in Queens?

In most cases, you have three years from the date of the crash to file a car accident lawsuit in Queens. But some deadlines are much shorter. If a New York City vehicle, an MTA bus or a City road defect played a role, you generally must serve a Notice of Claim within 90 days and file suit within 1 year and 90 days. If a loved one died, the family generally has two years from the date of death.

Missing a deadline can end your case permanently, no matter how strong it is. Here’s how the clock works for Queens crashes, and what can shorten or change it.

Queens Car Accident Deadlines at a Glance

Situation	Deadline
Injury lawsuit against a private driver or company	3 years from the accident
Crash involving a NYC vehicle, MTA bus or City road defect	Notice of Claim within 90 days; lawsuit within 1 year and 90 days
Wrongful death	2 years from the date of death
No-fault (PIP) benefits application	Generally within 30 days of the accident
Hit-and-run or uninsured driver (MVAIC)	Report to police within 24 hours; Notice of Intention to MVAIC within 90 days

The Standard Rule: Three Years

For most injury claims after a car, truck, motorcycle, rideshare or pedestrian accident in Queens, New York law gives you three years from the date of the crash to start a lawsuit against the at-fault driver or company. Drivers, passengers, pedestrians and cyclists are all generally subject to the same three-year limit when the other side is a private party.

Most Queens car accident lawsuits are filed in the Supreme Court of the State of New York, Queens County, at 88-11 Sutphin Boulevard in Jamaica. The lawsuit has to be formally started there, not just discussed with an insurance company, before the deadline runs out.

Negotiating with an insurer does not pause the clock. Insurers know the deadline, and a claim that’s still “being reviewed” when three years pass can be lost.

The 90-Day Trap: City Vehicles, MTA Buses and Road Defects

Queens streets are full of public vehicles: MTA buses, Sanitation trucks, NYPD and FDNY vehicles and other City fleets. If one of them caused your crash, or if a pothole, broken traffic signal or other City road defect was a factor, very different rules apply:

• Notice of Claim within 90 days. Before you can sue, a formal, written Notice of Claim must be served on the correct public entity within 90 days of the accident.
• Possible hearing. The City or authority can require you to answer questions under oath before a lawsuit is filed.
• Lawsuit within 1 year and 90 days. The lawsuit itself must generally be started within one year and 90 days of the accident, far shorter than the usual three years.

Courts can sometimes allow a late Notice of Claim, but you must ask for that permission within the 1-year-and-90-day window, and approval isn’t guaranteed. If a public vehicle or City property may be involved, treat the 90 days as a hard deadline.

Wrongful Death: Two Years

When a Queens car accident is fatal, the family’s wrongful death lawsuit generally must be filed within two years of the date of death, which may be later than the date of the crash. Proposals to lengthen this deadline have been vetoed repeatedly, so the two-year limit still applies. Claims involving a City vehicle or MTA bus also carry their own notice requirements.

Hit-and-Run and Uninsured Drivers

If the driver fled or had no insurance, you may still be able to recover through your own policy or through the Motor Vehicle Accident Indemnification Corporation (MVAIC). For hit-and-run crashes, the accident generally must be reported to the police within 24 hours, and a Notice of Intention to Make a Claim must be filed with MVAIC within 90 days. These requirements are strictly enforced.

No-Fault Benefits Have Their Own Deadline

New York’s no-fault insurance pays medical bills and some lost wages regardless of who caused the crash, but you generally must submit your no-fault application within 30 days of the accident. This is separate from the deadline to sue, and missing it can cost you benefits even while your lawsuit deadline is still open.

When the Clock Can Pause or Change

• Injured children: For someone under 18, the three-year deadline is generally paused until they turn 18.
• Delayed death: The wrongful death deadline runs from the date of death, not the date of the crash.
• Multiple defendants: A crash involving both a private driver and a City vehicle can carry different deadlines against each party. The shortest one controls how quickly you need to act.

Exceptions are narrow and fact-specific. Never assume one applies to you without speaking to a lawyer.

Why You Shouldn’t Wait

Even with time left on the clock, waiting can hurt your case. Surveillance and traffic camera footage is often recorded over within days, witnesses become harder to find, and vehicle damage gets repaired. Under New York’s 2026 changes, fault findings matter more than ever in vehicle cases: a person found more than 50% at fault can no longer recover damages. Early investigation is how you protect your side of the story.

Queens Car Accident Deadline FAQ

Does the three-year clock start on the day of the accident?

In most car accident cases, yes. The deadline is generally counted from the date of the crash, not from when you finished treatment or when the insurer made an offer.

I was hit by an MTA bus in Queens two months ago. Is it too late?

Not necessarily, but time is critical. A Notice of Claim is generally due within 90 days, so you should speak with a lawyer right away.

Does talking to the insurance company stop the clock?

No. Settlement negotiations do not extend the deadline to file a lawsuit.

What if I missed the deadline?

Once the deadline passes, the court will usually dismiss the case. In limited situations, such as a late Notice of Claim request made in time, there may still be options, so get a legal opinion quickly.

Talk to a Queens Car Accident Lawyer Today

Not sure which deadline applies to you? Call (718) 998-6788 for a free consultation. We’ll identify every deadline in your case and make sure none is missed. Learn more about how we handle car accident cases in Queens and bus and MTA accident claims.

This page provides general information, not legal advice. Deadlines depend on the specific facts of each case. Attorney Advertising.