What is New York’s Serious Injury Threshold?
New York requires all drivers to purchase personal injury protection, also known as no-fault insurance coverage, which pays for economic losses of up to $50,000 after an accident, regardless of fault. To successfully sue an at-fault party, you must suffer a “serious injury.” Otherwise, a court will dismiss your case despite the extent of your damages. Pursuing a personal injury claim is the only way to recover non-economic damages, such as pain and suffering, after an accident.
There is one major exception to the serious injury threshold: it does not apply to motorcycle accident victims. If you get into an accident on your motorcycle, you are not eligible for no-fault insurance benefits, so the serious injury threshold is inapplicable. However, it may still be possible to file a lawsuit against the liable party.
What Types of Injuries Meet The Serious Injury Threshold?
Under New York Insurance Law 5102(d), “serious injury” means a personal injury which results in any of the following:
- Death
- Dismemberment
- Significant disfigurement
- Loss of a fetus
- A fractured bone
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of a body organ or member
- A significant limitation of the use of a body function or system
- A non-permanent, medically determined injury or impairment that prevents the injured person from performing their usual and customary daily activities under the so-called “90/180 rule.”
What Is the 90/180 Rule?
The last type of qualifying serious injury is any non-permanent injury that prevents you from performing most of your regular activities for at least 90 of the 180 days immediately following the accident.
What Types of Damages Can Victims with Serious Injuries Recover in a Lawsuit?
Through personal injury protection insurance, injury victims can only recover damages for “basic economic losses.“ Such losses include up to $50,000 in medical bills, rehabilitative treatment, lost earnings from missed work, and up to $25 per day for all other reasonable or necessary medical or assistive expenses incurred for up to one year after the injury.
However, if you meet the serious injury threshold, you may be able to pursue any economic damages exceeding your PIP coverage and your non-economic damages such as pain, suffering, emotional distress, and loss of enjoyment of life.
How Can a Lawyer Help Prove a Serious Injury in a New York Car Accident?
Obtaining high-quality legal representation is key to navigating New York’s serious injury threshold. A personal injury attorney can gather the necessary information to help prove your claim, using various legal strategies to demonstrate how your injuries impact your quality of life in the present and future. Additionally, an attorney can:
- Explain how the serious injury threshold applies to your unique case
- Gather evidence
- Determine your case’s value
- Keep you updated on your case’s status
- Identify all liable parties
- Communicate with all parties for you, including the insurance companies
- Negotiate a settlement or take your case to trial
Contact Lever & Ecker’s Trusted New York Car Accident Attorneys
Lever & Ecker’s award-winning New York lawyers handle serious injury cases. With over 70 years of experience handling motor vehicle accident cases, our attorneys have a 99-percent success rate. We treat every case as the most important in our office, and our clients can expect top-tier legal representation with an open line of communication. We will provide you with the necessary resources to make the right legal decisions and get proper medical care.
Lever & Ecker is motivated by helping injured people and making a genuine difference in their lives. With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York State, including all five New York City boroughs, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you. If you or a loved one have suffered an injury that may qualify as serious, contact Lever & Ecker today for a free case evaluation by calling one of our offices or completing our online contact form:
- White Plains – (914) 288-9191
- Bronx – (718) 933-3632
- Queens – (347) 391-6337
Frequently Asked Questions
What if you have a gap in your injury treatment?
Courts have previously held that a gap in treatment questions the reliability of any medical expert’s conclusions about causation and the seriousness of the injuries. Because of this, any plaintiffs who terminate therapeutic measures following the accident while claiming a “serious injury” must offer a reasonable explanation for doing so. You may be able to address the gap in your treatment with a doctor’s affirmation.
What happens if your injury doesn’t meet the serious injury threshold?
Unless your injury clears the serious injury threshold, you cannot recover damages from a New York car accident lawsuit. Thus, you must file a claim under PIP coverage for medical bills and lost wages. However, you will not be entitled to recover non-economic damages such as pain and suffering through this process.
Can you recover damages if you were partly at fault for the accident?
Even if you were partially at fault for an accident, New York’s pure comparative negligence law allows you to recover damages. You can even pursue compensation if you were more at fault than the other party. However, your damages will be reduced in proportion to your share of the fault.
