If your child was injured in a car accident in New York, get your child medical care first, then document the crash, including the car seat or booster seat, and give written notice to the no-fault insurer within 30 days. New York law also sets out a court-approval process for settling a child's injury claim. William Mattar, P.C. focuses on motor vehicle accident cases and offers a free case evaluation at (844) 444-4444.
Key facts
- Vehicle and Traffic Law § 1229-c sets child restraint rules by age that the driver must meet.
- CPLR 208 can extend the time to sue when the injured person was under 18 when the claim accrued.
| Image for Blog PostImage to use (Envato). Envato Elements search for child car seat back seat Pick a photo with no recognizable people or readable license plates.Alt text to set on the image: Child safety seat installed in the back seat of a car |
What should you do first if your child is hurt?
- Call 911 and get medical help.
- Have your child seen by a doctor, even if your child seems fine.
- Photograph the vehicles, the scene and the car seat or booster seat as installed; note its brand and model and your child's age, height and weight, and keep the seat.
- Get the drivers' and witnesses' contact and insurance details, and keep medical bills and receipts.
- Do not give a recorded statement to an insurance company before getting legal advice.
Why do car seat and booster seat details matter?
Section 1229-c of the Vehicle and Traffic Law bars anyone from operating a motor vehicle in New York unless passengers are restrained as it requires. For back-seat passengers, for example, it calls for a specially designed seat for children under 4 and an "appropriate child restraint system" for children aged 4 to under 8, each with stated exceptions. An "appropriate child restraint system" is one for which the child "meets the occupant size and weight recommendations of the manufacturer of such system." Because that definition turns on the manufacturer's recommendations, the seat's brand and model and your child's height and weight are worth recording. Speak with a lawyer before discussing car seat use with an insurance company.
Does no-fault insurance cover a child passenger?
Under Insurance Law § 5103(a)(1), the no-fault coverage on a vehicle must pay first-party benefits to "persons, other than occupants of another motor vehicle or a motorcycle, for loss arising out of the use or operation in this state of such motor vehicle." The text does not limit "persons" by age. These benefits reimburse "basic economic loss," such as necessary medical and hospital expenses, up to $50,000 per person, less the reductions listed in Insurance Law § 5102.
Under the no-fault regulation (11 NYCRR 65-1.1), written notice must be given "by, or on behalf of," each injured person no more than 30 days after the accident, and proof of claim for health service expenses is due no later than 45 days after the services are rendered, unless written proof gives clear and reasonable justification for the delay.
Does a court have to approve a settlement for your child?
Under CPLR 1207, the court may order the settlement of a child's lawsuit on the motion of a representative, and if no lawsuit has been started, a special proceeding may be brought to settle the claim. The order approves the attorney's fee, if any.
CPLR 1208 requires supporting papers, including an affidavit from the child's representative (covering, among other things, the child's injuries, medical expenses and the proposed settlement terms and distribution), an affidavit from the lawyer, if any, and, in an injury claim, medical or hospital reports. At the hearing, the person applying, the child and the attorney must attend unless attendance is excused for good cause.
How long do you have to bring a claim for your child?
Under CPLR 214(5), an action to recover damages for a personal injury must be started within three years, except as provided in certain other sections. Under CPLR 208, if the person entitled to sue is under a disability because of infancy (under 18) when the claim accrues, and the time otherwise limited is three years or more and expires no later than three years after the disability ends, the time is extended to three years after the disability ends (or the person dies, if that happens first). For a three-year claim under CPLR 214(5) against a private party, that means the time runs until three years after the child's 18th birthday. Different rules apply to a claim against a public corporation, such as a county, city, town, village or school district: under General Municipal Law § 50-e, where a notice of claim is required, it must be served within 90 days after the claim arises; a court may extend that time, and in deciding whether to do so it must consider, among other things, whether the claimant was an infant, but the extension cannot exceed the time limited for starting an action against the public corporation.
CPLR 208 concerns the time to start a lawsuit, not the no-fault deadlines.
Frequently asked questions
Should my child see a doctor if they seem fine?
Yes. Have your child examined promptly and tell the doctor about the crash.
Can a parent give the no-fault notice for a child?
The regulation requires notice to be given "by, or on behalf of," each eligible injured person, so a parent may give it on the child's behalf.
Who can ask the court to approve my child's settlement?
Under CPLR 1207: the child's guardian of the property or guardian ad litem; if there is no such guardian, a parent with legal custody; if there is no such parent, another person with legal custody; or, if the child is married, an adult spouse living with the child.
About William Mattar, P.C.
William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. It has offices in Williamsville, Buffalo, Rochester, Syracuse, Albany and Long Island, and its phone line, (844) 444-4444, is open 24/7. Case evaluations are free, and under No Fee Until We Win℠ you don't owe attorneys' fees unless the firm wins or settles your case; you may remain responsible for costs, expenses and disbursements, and No Fee Until We Win℠ is subject to the firm's written contingent fee retainer agreement.
Related reading from William Mattar
- What to Do After a Car Accident
- New York Car Accident Lawyers
- No-Fault Claim Form
- No Fee Until We Win℠
Sources
- New York Vehicle and Traffic Law § 1229-c — https://www.nysenate.gov/legislation/laws/VAT/1229-C
- New York Insurance Law § 5102 — https://www.nysenate.gov/legislation/laws/ISC/5102
- New York Insurance Law § 5103 — https://www.nysenate.gov/legislation/laws/ISC/5103
- 11 NYCRR 65-1.1 (Regulation 68), NY Department of Financial Services — https://www.dfs.ny.gov/system/files/documents/2024/08/reg68_11_nycrr_65_full_txt.pdf
- CPLR 105 — https://www.nysenate.gov/legislation/laws/CVP/105
- CPLR 208 — https://www.nysenate.gov/legislation/laws/CVP/208
- CPLR 214 — https://www.nysenate.gov/legislation/laws/CVP/214
- CPLR 1207 — https://www.nysenate.gov/legislation/laws/CVP/1207
- CPLR 1208 — https://www.nysenate.gov/legislation/laws/CVP/1208
- New York General Municipal Law § 50-e — https://www.nysenate.gov/legislation/laws/GMU/50-E
- New York General Construction Law § 66 — https://www.nysenate.gov/legislation/laws/GCN/66
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