New York requires you to prove a 'serious injury' before you can sue the at-fault driver. The definition is specific — and so are the exceptions.
New York's no-fault system sounds like it protects you. In practice, it protects the insurance company. Here's what they don't tell you when you file that PIP claim.
New York is a no-fault state, which means after an accident you first file a claim with your own insurance under your Personal Injury Protection (PIP) coverage — regardless of who caused the crash. PIP covers 80% of your medical bills and 80% of lost wages up to $2,000 per month. But PIP doesn't cover pain and suffering at all. To go after the at-fault driver for pain and suffering, lost future income, or the full value of your injuries, your case has to step outside the no-fault system entirely.
To do that, your injuries must meet New York's 'serious injury' threshold under NY Insurance Law § 5102(d): a bone fracture, significant disfigurement, permanent loss or limitation of a body organ or function, or an injury preventing you from performing substantially all normal daily activities for at least 90 of the 180 days following the accident. Soft tissue injuries without imaging evidence often don't qualify. Insurance companies know this and use it to trap cases inside the no-fault system where recovery is capped. An attorney knows how to document injuries in a way that meets the threshold.
New York has a strict 30-day deadline to report a no-fault claim to your own insurer — miss it and PIP coverage can be denied entirely. The deadline to file a lawsuit against the at-fault driver is three years from the accident date under NY C.P.L.R. § 214. New York follows pure comparative fault — even if you were partly responsible you can still recover, just proportionally reduced. NYC juries award among the highest verdicts in the country. If your injuries are serious, this is one of the strongest states to have a case in.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Under NY Insurance Law § 5102(d), serious injuries include: bone fractures, significant disfigurement, permanent loss or limitation of a body organ or function, or an injury that stops you from performing your normal daily activities for 90 out of 180 days. A broken bone anywhere qualifies automatically. So does a herniated disc with nerve compression documented on an MRI. Soft tissue injuries without imaging evidence often do not. The critical piece is how your treatment is documented from day one. An attorney can tell you exactly where you stand based on your medical records.
No. Filing a PIP claim doesn't stop you from also pursuing the at-fault driver if your injuries qualify as serious. PIP and a liability lawsuit are separate tracks. PIP gets your bills paid fast regardless of fault. The lawsuit is how you recover pain and suffering, full lost wages, and long-term damages. The 30-day PIP reporting deadline and the 3-year lawsuit deadline run independently of each other.
Three years from the date of the accident under NY C.P.L.R. § 214 — for both personal injury and property damage. If the accident involved a government vehicle — city bus, NYPD car, MTA vehicle — you have only 90 days to file a Notice of Claim under NY General Municipal Law § 50-e. Miss that 90-day window and your right to sue the government is gone regardless of how clear the liability is.
New York follows pure comparative fault. There is no fault percentage that bars you from recovering. If a jury says you were 60% responsible, you recover 40% of your damages. Insurance adjusters will argue your fault percentage as high as possible to reduce the payout. The key is having an attorney who documents and presents the case to keep that number as low as the facts support.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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