You walked away from your car accident, but weeks later you are still in pain and missing work. New York’s no-fault system is meant to cover basic medical bills and a portion of your lost wages after a crash. To make up the difference, your car accident lawyer in New York may also mention the possibility of pursuing further damages, such as pain and suffering, if your injuries qualify.
In this guide, the Wohlgemuth Law Firm PLLC’s New York car accident lawyer explains the serious injury threshold and what you might consider before putting in a claim.
How New York’s No-Fault System Works
The state of New York requires that every driver carry personal injury protection. That way, after an accident, your own PIP policy can pay your medical bills and a portion of any lost wages, regardless of who caused the crash.
If your bills exceed the available amount, or you want compensation for pain and suffering, no-fault insurance alone may not get you there. That gap is where the serious injury threshold in New York becomes important.
What Is the Serious Injury Threshold in New York?
The serious injury threshold after a car accident applies specifically to noneconomic damages. Under New York Insurance Law Section 5102(d), you can only sue an at-fault driver for pain and suffering if your injury meets the legal definition of “serious.” If not, a court will generally dismiss a claim for noneconomic damages.
You may still pursue economic damages beyond your PIP coverage, even without meeting the threshold, but noneconomic compensation is out of reach unless your injury fits one of the statute’s categories. Your New York car accident lawyer may point out that motorcycle accidents are an exception, since these fall outside the definition of “motor vehicle” under the no-fault law.
What Qualifies as a Serious Motor Vehicle Injury?
New York law lists specific categories, including the ones below, and your situation must generally fit at least one to support a serious injury claim after a car accident:
- Death, dismemberment, or significant disfigurement
- A fracture
- Losing a fetus
- Losing the ability to use a body organ or system
- Permanent consequential limitations in a body organ or member
- Significant limitation of use of a body function or system
A fracture usually shows up clearly on an X-ray, while permanent loss, permanent consequential limitation or significant limitation of use depends on detailed medical records and a doctor’s assessment.
Does Your Car Accident Injury Meet the Threshold?
According to the New York State Department of Health, motor vehicle crashes cause roughly 12,093 hospitalizations each year. Meeting the legal definition of a serious injury on paper is one part of the process, and proving it to an adjuster or a court is another.
Factors that may help include:
- Diagnostic imaging, such as X-rays or MRIs
- Quantified measurements of your lost range of motion
- A doctor’s opinion on the permanence and severity of your injury
- Documentation of how the injury affects your daily life
Your New York car accident lawyer may also emphasize consistent treatment records without unexplained gaps.
If your injury does not meet the threshold under New York’s car accident laws, you are generally limited to your own PIP coverage.
Choosing a Personal Injury Law Firm in New York
You may want to meet with an auto accident attorney in New York to evaluate whether your injury is likely to meet the statutory threshold before you invest time into a claim.
An attorney representing you can:
- Gather medical records, imaging, and physician statements
- Identify every potentially liable party
- Communicate with insurance adjusters on your behalf
- Calculate the full value of your potential damages
Car accident injury compensation in New York generally falls into economic or measurable losses, such as medical bills, and noneconomic damages that may include pain and suffering and the inability to participate in activities you once enjoyed. The value often depends on the severity and permanence of the injury and how thoroughly it has been documented. When choosing a legal representative, look for someone who reviews your records carefully, explains your options in plain language, and will keep you in the loop from beginning to end.
Contact the Wohlgemuth Law Firm PLLC’s Auto Accident Attorney in New York Today
Meeting the serious injury threshold in New York may determine whether you can pursue certain claims after a car accident, including pain and suffering. If you would like to discuss your option, our personal injury law firm in New York can review the details of your accident. Recovering damages in a car accident beyond your no-fault coverage may allow you to move forward in life with more financial support.
Call the Wohlgemuth Law Firm PLLC today at (718) 474-9100 to speak with a New York car accident lawyer.
Frequently Asked Questions
Here are a few common questions about New York’s serious injury threshold. If you do not see your concern addressed here, please contact our firm for more information about the viability of your case.
Can I Recover Compensation if My Injury Does Not Meet New York’s Serious Injury Threshold?
If you do not meet the serious injury threshold, you may still recover medical bills and some lost wages through your no-fault PIP coverage. Generally, you cannot seek damages for pain and suffering unless your injury meets one of the statute’s categories.
Does the Threshold Apply to Motorcycle Accidents?
Motorcycles are excluded from the definition of “motor vehicle” under New York’s no-fault law. As a result, motorcycles are typically not bound by the same serious injury threshold as other vehicle users.
Can a Car Accident Lawyer Handle a Serious Injury Claim?
A New York car accident lawyer can review your records, gather evidence, represent you in negotiations, and guide you in preparing a claim if your injury meets the serious injury threshold.
