US-New YorkCan I sue the other driver if I suffer a serious injury in a car accident?
Yes, you can sue the other driver in New York if your injury meets the state's 'serious injury' threshold defined by law.
What the Law Says
New York operates under a no-fault insurance system, meaning your own insurer pays for basic medical expenses and lost wages up to certain limits — but you can still sue the at-fault driver if your injury qualifies as 'serious' under state law.
Under New York Insurance Law § 5102(d), you may only file a lawsuit against the other driver for pain and suffering if your injury falls within one of nine statutorily defined 'serious injury' categories. This is called the 'serious injury threshold.' Without meeting this threshold, your claim for non-economic damages (like pain and suffering) is barred — even if the other driver was clearly at fault.
The law does not require total disability or permanent injury — just that your injury satisfies at least one of the listed types. For example, '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 ninety days during the one hundred eighty days immediately following the occurrence of the injury.'
Statutory Text‘Serious injury’ means: (a) death; (b) dismemberment; (c) significant disfigurement; (d) a fracture; (e) loss of a fetus; (f) permanent loss of use of a body organ, member, function or system; (g) permanent consequential limitation of use of a body organ or member; (h) significant limitation of use of a body function or system; or (i) 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.
— N.Y. Ins. Law § 5102(d) — Definition of serious injury
What Courts Have Said
New York courts have interpreted the 'serious injury' standard strictly — requiring objective medical evidence and factual proof, not just subjective complaints.
The Court held that 'significant limitation' under § 5102(d)(h) requires more than minor or temporary restrictions — it must be substantial and supported by objective findings like MRI results or physical therapy records.
In Rodriguez v. Singh, the court affirmed dismissal where the plaintiff offered only self-reported pain and no diagnostic imaging or functional testing to support 'significant limitation.'
What to Do
Seek immediate medical treatment and tell your doctor the injury occurred in a car accident — documentation is critical.
Keep detailed records of all treatments, diagnoses, missed work, and daily activity limitations for at least 180 days.
Consult a New York personal injury attorney before accepting any settlement — they can assess whether your injury meets the serious injury threshold.
File your lawsuit within 3 years of the accident date — the statute of limitations for personal injury claims in NY (CPLR 214).
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.