New York's Serious Injury Threshold in Auto Accident Cases

Like Florida, New York operates a no-fault auto insurance system for car accidents. After a crash, your own No-Fault insurance pays your medical expenses up to the policy limit ($50,000 minimum), regardless of who caused the accident. To step outside the no-fault system and sue the at-fault driver for pain and suffering damages, you must demonstrate that your injuries meet New York's "serious injury" threshold under Insurance Law §5102(d).

The statute defines serious injury to include: death; dismemberment; significant disfigurement; fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation; significant limitation; or a medically determined injury preventing the injured person from performing substantially all daily activities for not less than 90 days during the 180 days following the accident.

Fractures automatically satisfy the threshold, making them legally significant even when relatively minor from a medical standpoint. Soft tissue injuries are more contested and frequently challenged by defense medical experts.

For New York car accident victims, consistent, thorough medical treatment and documentation is essential, particularly in the first 90 and 180 days after the crash. Gaps in treatment or vague medical records can sink an otherwise valid claim.