In a municipal tort liability claim, what is the statute of limitations from the date of the accident and what is the required notice of claim timing?

• A. 1 year and 90 days from date of accident; plaintiff must serve notice of claim within 90 days.
• B. 2 years from date of accident; notice within 60 days.
• C. 3 years from date of accident; no notice required.
• D. 6 months from date of accident; notice within 30 days.

Answer: (A)

Municipal tort claims use two timing rules: a notice requirement and a separate limitations period to sue. The notice of claim must be served within 90 days of the accident, and this notice acts as a precondition to filing suit against the municipality. Separately, the action itself must be commenced within one year and ninety days from the date of the accident. This combination means you must both timely file the notice (within 90 days) and file the lawsuit within one year and 90 days. The other options propose different durations that don’t align with the municipal framework, which is why they’re not correct.