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Section 5104(a) of the New York Insurance law provides that a plaintiff must prove that he or she has either incurred a “basic economic loss” of more than $50,000.00, or has suffered a “Serious Injury” as defined within Section 5102(d), to have a viable personal injury lawsuit arising out of a car accident.

A medically determined injury or impairment of a non-permanent nature which prevents the injured party from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety (90) days during the one hundred and eighty days (180) immediately ...

New York is a “no-fault” insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident. Insureds can be reimbursed for medical costs and other losses that might surface after the accident.

There is no full tort/limited tort system in New York and all claims are governed by the “serious injury threshold”. Serious injury is defined by the statute and has been interpreted by an enormous amount of case law.

Under New York State Insurance Law §5102(d) an injured person in a motor vehicle accident may recover money damages for pain and suffering if they sustained a legally defined Serious Injury.

The 90/180-day rule is one of the ways it is possible to meet the state requirements for a “serious injury.” If an individual is substantially unable to carry out all of their usual daily activities for at least 90 of the 180 days immediately following the injury, they are considered disabled.

Lost Wages And No Fault Law Basic No-Fault auto insurance typically covers 80% of lost earnings from work, up to $2,000 per month for up to three years from the date of the car accident. One other benefit is that when it comes time to file your tax returns, these pay-outs will be tax-free.

Section 5104(a) of the New York Insurance law provides that a plaintiff must prove that he or she has either incurred a “basic economic loss” of more than $50,000.00, or has suffered a “Serious Injury” as defined within Section 5102(d), to have a viable personal injury lawsuit arising out of a car accident.