Q: I am 19 years old. I was in a car accident when I was 5, and I was left with a bad scar on my forehead. My parents never took any legal action on my behalf. Is it too late for me to make a claim?
A: Probably not. While there may be some exceptions depending upon circumstances, in New York the statute of limitations for motor vehicle negligence is three years from the date of the accident. However, since you were a child when your accident happened, your statute of limitations did not begin to run until your eighteenth birthday.
This means that you will likely have until your twenty-first birthday to make a claim. We would caution, however, that you should contact an attorney immediately because it would not be wise to allow more time to pass without securing your legal position. Your attorney’s ability to investigate the accident has already been compromised by the passage of time. You should contact a car accident lawyer now so that he or she will have the best possible opportunity to protect your interests.