New York State's 'Serious Injury' Threshold for Personal Injury Cases
New York State is a No-Fault state. This means that when you are involved in a motor vehicle accident with a car, SUV, van, taxi cab, Uber or Lyft vehicle or truck, the No-Fault insurance company that insures the vehicle that you are in when the accident occurred pays for medical bills and a percentage of lost wages.
There are 13 U.S. No-Fault states and/or territories. They are:
- New Jersey;
- New York;
- North Dakota;
- Utah; and
- Puerto Rico.
To have your medical bills and lost wages paid after an automobile accident in New York State, it does NOT matter who was at fault for the accident.
In order to obtain compensation in excess of the basic payment of medical bills and lost wages through No-Fault insurance, you must meet one of two conditions:
- You sustained a “Serious Injury” as defined in Article 51 of the New York State Insurance Law; or
- You sustained economic loss in excess of basic economic loss; typically, this means that you have sustained more than $50,000 in combined medical and lost wage payments.
Interestingly, it is commonly not apparent whether a person who was involved in a car, SUV, van, taxi cab, Uber, Lyft or truck accident would be categorized as having a “serious physical injury.”
Our “Serious Injury” lawyers in Buffalo, New York review the New York State Insurance Law frequently to fight for our clients to obtain the best possible result.
Article 51 of the New York State Insurance Law, also known as the “No-Fault Law,” defines a “serious injury” as one of the following:
- Significant disfigurement;
- A fracture;
- Loss of a fetus;
- Permanent loss of the use of a body organ, member, function or system;
- Permanent consequential limitation of the use of a body organ or member;
- Significant limitation of the use of a body function or system; or
- 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 following the occurrence of the injury or impairment.
Motorcycle accident injuries are not covered by the New York “Serious Injury” Threshold.
This means that if you were involved in a motorcycle accident, you can sue the at-fault party with only minor injuries and/or damages such as:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Emotional distress; and
- Punitive damages (damages that act as a punishment for negligent behavior).
If you believe that you do not have an injury that qualifies under the “Serious Injury” Threshold, you may be incorrect. This law is very difficult to understand.
It is best to consult with Jed Dietrich, Esq. and his top rated team of Buffalo “Serious Injury” lawyers. The Dietrich Law Firm P.C. will provide all the information you need concerning the payment of your medical bills, payment of your lost wages and payment for your pain and suffering.
It is extremely important for every person who was involved in a motor vehicle accident to call Jed Dietrich, Esq. and his “Serious Injury” lawyers in Buffalo, New York at (716) 839-3939. You need expert legal advice to determine whether you were seriously injured because of a car, SUV or truck accident in New York.
Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week and there is never a fee until we WIN for you!