A limitation period is the period of time between the accident and when an action must be started or a notice given. These limitation periods are extremely important since, if you do not meet the timelines, then your right to recover damages might be lost.

After a car accident there are a few limitation periods to keep in mind. For instance, with respect to making a claim against your own accident benefits insurer, you should put them on notice within seven days. With respect to completing the accident benefits application, this must be done within 30 days. In order for you to sue your own insurance company for accident benefits, this must be done within two years of the denial of benefits.

The ultimate limitation period for suing the at-fault driver is two years from the date of the accident.

With respect to Municipalities, there are some very short limitation periods which apply. Specifically, a slip and fall on a sidewalk owned by a Municipality obligates one to put the Municipality on notice of the accident within 10 days.

The important thing to note, given the many different deadlines, is that you should contact a lawyer immediately upon being involved in an accident to determine which limitation period applies.

For more information on starting a personal injury claim and specific limitation periods, or if you have any questions regarding the points outlined above, please feel free to contact me directly.

Susan Mitchell

Partner – Personal Injury and Litigation Group

Disclaimer: This article is provided as an information resource. This article should not be relied upon to make decisions and is not intended to replace advice from a qualified legal professional. In all cases, contact a legal professional for advice on any matter referenced in this document before making any decisions. Any use of this document does not constitute a lawyer-client relationship. Please note that this information is current only to the date of posting. The law is constantly changing and always evolving.


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