What Happens to Your NYC Car Accident Case if You Move Out of State? Accident Lawyer NYC Explains
Even when you are injured in a car accident, life will go on. Changes in your job, family obligations, medical needs, and financial pressures may compel you to relocate while your claim is still ongoing. There is a common misconception that NYC car accident victims lose the right to compensation when they move out of state. We are here to tell you that’s not the case. While it can certainly cause some logistical problems, it by no means prevents you from claiming compensation. In this post, we will step into the shoes of your accident lawyer in NYC and explain what happens when you move out of state and what you can do to protect your claim while living elsewhere.
What happens to your NYC car accident case when you move out of state?
Rest assured, you will not lose the right to compensation when you move out of state. Most things remain the same, but there will be a few changes. Since the accident happened in New York, it will be governed by New York law, meaning that rules like no-fault and pure comparative negligence will apply. Since it’s a New York case, you will need a New York car accident lawyer to take care of everything connected to the case. They can keep you updated and remotely coordinate with you to help your claim move forward.
As a result of your relocation, you may need to switch doctors, and it can also result in a gap in your treatment. Your insurance company may see this as a way to reduce your compensation, so make sure you have the proper documents to protect your claim from challenges. If your case moves up for trial, steps such as the deposition may be conducted remotely. But the need to appear in trial may require you to return to New York. Since you will have to split your time between your new home and New York, work with your lawyer to coordinate everything to prevent any last-minute complications.
What are the important deadlines in an NYC car accident case?
Even if you move out of state, you will still need to keep track and adhere to the deadlines mentioned in NY law. In a car accident case, there are arguably two very important deadlines you need to keep in mind. That is because if you fail to submit your claim and the relevant documents before these deadlines pass, you may lose the right to claim compensation, no matter how good your case may be.
First, when filing your insurance claim after the accident, you must file your claim within 30 days of the date of the accident. Second, if you are filing a personal injury lawsuit or wrongful death lawsuit, you must comply with the statute of limitations. Under the statute of limitations, a personal injury lawsuit must be filed within three (03) years of the date of the accident. On the other hand, a wrongful death lawsuit must be filed within two (02) years from the date of the death of the deceased.
Alternatively, if you are filing an action against the government, you must file the Notice of Claim within 90 days of the day of the incident. Afterward, if you are filing legal action, the statute of limitations stands at one year and ninety days from the injury.
Conclusion
If you’ve moved out of New York while your car accident case is ongoing, you may be worried about how the move may impact your case. Fortunately, you do not lose the right to claim compensation when you move out, but moving out presents its own challenges. You will need an experienced and reliable accident lawyer in NYC to help you with your case, and that is what Alex Yadgarov & Associates can be for you. We will not let your relocation hinder you from getting the compensation you deserve. Contact us today and schedule your free consultation.
