Subrogation Claim For Property Damage In Suffolk
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Statute of limitations. In New York, most subrogation claims are subject to a three-year statute of limitations, beginning with the date of loss. Failing to file within that time period could invalidate the claim altogether.
Depending on the type of case or procedure, New York's statutes of limitations generally range from one (1) year to six (6) years. The point at which the clock starts ticking is typically the date of the incident or discovery of a wrong.
Therefore, the applicable statute of limitations for an action to recover for injury to property is three years from the date of the injury, which in this case is the date of the fire. N.Y. C.P.L.R § 214(4)(McKinney 2000).
Since the minimum limit of coverage required by law for property damage liability protection, for damage to another party's car or property, is $10,000 per accident, these minimum liability limits in New York are sometimes together referred to as “$25,000/$50,000/$10,000” or “25/50/10”.
Therefore, the applicable statute of limitations for an action to recover for injury to property is three years from the date of the injury, which in this case is the date of the fire. N.Y. C.P.L.R § 214(4)(McKinney 2000).
You are guilty of Criminal Mischief in the Fourth Degree if (1) you intentionally damage another person's property regardless of the amount of damage; or (2) you participate in the destruction of an abandoned building; or (3) you recklessly damage someone else's property in an amount that exceeds $250.
Subrogation allows your insurer to recoup costs (medical payments, repairs, etc.), including your deductible, from the at-fault driver's insurance company, if the accident wasn't your fault. A successful subrogation means a refund for you and your insurer.
