US-New YorkWhat is the 'serious injury' threshold for car accident lawsuits in NY?
In New York, you can sue for pain and suffering after a car accident only if your injury meets the 'serious injury' threshold defined by Insurance Law § 5102(d) — such as death, dismemberment, significant disfigurement, or a fracture.
What the Law Says
New York is a 'no-fault' auto insurance state, meaning injured drivers generally recover economic losses (like medical bills and lost wages) from their own insurer — regardless of who caused the crash. But to sue the at-fault driver for non-economic damages (e.g., pain and suffering), your injury must meet the statutory 'serious injury' threshold.
The definition is set out in New York Insurance Law § 5102(d). It lists eight specific types of injuries that qualify. You must prove — by competent medical evidence — that your injury falls into at least one of these categories.
Importantly, the law does not require the injury to be permanent — only that it results in a 'significant limitation of use of a body function or system' or 'a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.'
Statutory Text‘Serious injury’ means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body organ or member; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
— N.Y. Ins. Law § 5102(d) — Definition of serious injury
What Courts Have Said
New York courts have interpreted the 'serious injury' threshold strictly, requiring objective medical evidence — not just subjective complaints — to support claims under most categories.
The Court of Appeals held that 'significant limitation' and 'permanent consequential limitation' require proof of objective, verifiable impairment — not just pain or reduced activity.
Clarified that the 90/180-day 'non-permanent' category requires documentation showing the plaintiff was unable to perform *substantially all* of their usual activities — not just some or most.
What to Do
Seek prompt medical treatment and document all diagnoses, imaging, and functional limitations.
Keep a detailed log of missed work, household duties, and activities you couldn’t perform for ≥90 days.
Obtain objective medical evidence (e.g., MRI, X-ray, physical therapy reports) supporting any claimed limitation.
Consult a New York personal injury attorney before settling or filing suit — misclassifying an injury can bar non-economic damages.
Remember: The burden of proof is on *you* to establish serious injury by a preponderance of the evidence.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.