If you were hurt in a car accident in New York, you might feel confused about what insurance covers or when you can sue. It’s normal to have questions. New York’s No-Fault Insurance Law only lets you file a lawsuit if your injuries meet something called the “Serious Injury Threshold.” After doing some research, I found out exactly what this means for your rights to get money for medical bills or lost wages.
Keep reading—this quick guide could help clear up many of your worries.
What Is New York State’s Serious Injury Threshold?
After reading about the basics, I want to share what sets New York’s car accident claims apart. The state’s No-fault Insurance Law uses a strict rule called the Serious Injury Threshold.
This threshold decides whether someone can sue for personal injury after a car accident. Only certain injuries count as “serious” enough to step outside no-fault insurance and file a lawsuit for pain and suffering.
Some examples include broken bones, loss of a limb (that’s dismemberment), significant scarring or disfigurement, losing the use of an organ or body part, or being disabled for at least 90 out of the first 180 days after an accident.
The law also covers death and loss of an unborn child. Without meeting one of these exact legal requirements, most people must stick with their own no-fault insurance for medical expenses and economic losses—no extra compensation from lawsuits allowed under New York No-fault Insurance Law Serious Injury Threshold Car Accident Claims rules.
As Shakespeare said in Hamlet, “The readiness is all”—being prepared helps you understand where your claim stands!
How Does the Serious Injury Threshold Work in Car Accident Claims?
Understanding what counts as a “serious injury” is only the first step. The next thing I need to do in my car accident claim is prove that my injuries meet this legal threshold set by New York No-fault Insurance Law.
For example, if I want to file a lawsuit for pain and suffering, the court will check if I have injuries like dismemberment, significant disfigurement, bone fractures or loss of use of a body part.
These are not just medical terms—they shape whether my personal injury case can go beyond nofault insurance rules.
Medical records play a huge role here. If doctors say my injuries fit these strict categories—say, 90 days out of 180 with substantial limits on daily activities after the crash—I may qualify for extra compensation outside normal insurance claims.
As Shakespeare wrote,.
What’s done cannot be undone.
The damage from an automobile accident can’t always be fixed but proving it meets New York’s serious injury standard gives me grounds to seek economic loss recovery through legal action.
What Happens If You Do Not Meet the Serious Injury Threshold?
Failing to meet the serious injury threshold under New York No-fault Insurance Law means my options for a personal injury lawsuit are limited. I must rely on nofault insurance to cover basic expenses like medical bills and lost wages, up to $50,000.
There is no way for me to claim compensation from the at-fault driver for pain and suffering or extra damages if my injuries do not include things like dismemberment, significant disfigurement, death, or permanent loss of body function.
I often feel frustrated by this rule; even with real pain after a car accident, not every injury counts as “serious” under state law. Think about it like missing the cut in an audition—close does not count.
If someone’s neck hurts for months but doctors cannot prove permanent limitation of use, they may get stuck with out-of-pocket costs once their nofault coverage runs out. This legal threshold blocks lawsuits except in clear cases outlined by Section 5102(d) of New York Insurance Law.
Shakespeare wrote that “the law is reason free from passion,” which fits here… sometimes fairness feels just outside reach when strict rules decide who can seek more recovery through court action.
Conclusion
Filing a car accident claim in New York can feel tricky, especially with the serious injury threshold. It sets a line for what counts as a real injury. Meeting that line is key to getting compensation for medical expenses and lost wages.
If you don’t meet the threshold, options become limited. Take time to understand your rights and seek help if needed!
Beck Workers Comp & Accident Lawyer of Queens, P.C.
71-19 80th St Suite 8-206, Glendale, NY 11385, United States
P45J+2G Glendale, Queens, NY, USA
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