When it comes to taking legal action following car accidents, you would naturally want to file a lawsuit against those responsible and try to claim compensation. However, as your Brooklyn car accident lawyer, we at Alex Yadgarov & Associates would point out that there is a question of “if” you are able to file, which is often determined by New York’s Serious Injury Threshold. In this post, we’ll be breaking down what NY’s serious injury threshold is and how it can impact your legal recourse.
New York: No-Fault Insurance
Before discussing NY’s serious injury threshold, it is important for us to point out that auto accidents in New York are covered under ‘No-Fault Insurance.’ This means that provided you have obtained at least the minimum auto insurance coverage, your insurance company must cover the expenses and losses you’ve suffered as a result of a car accident, regardless of your fault in the incident. According to the $50,000 mandatory no-fault insurance policy, drivers involved in car accidents can receive payouts for the following:
- All reasonable and necessary medical and rehabilitation expenses related to the accident, in accordance with established fee schedules
- 80% of lost earnings from work, with a maximum of $2000 per month for up to three years from the date of the accident.
- Up to $25 a day for up to a year from the date of the accident to reimburse other reasonable and necessary expenses such as household help and transportation expenses to and from medical treatment
- A $2000 death benefit (in addition to the $50,000 basic no-fault limit) to the estate of a person eligible for no-fault benefits who is killed in a motor vehicle accident.
However, being called ‘no-fault’ insurance is a bit of a misnomer since there are several circumstances where you may not be eligible for no-fault insurance benefits. These include instances where you:
- Were drunk/intoxicated at the time of the accident.
- Intentionally hurt yourself.
- Were driving a stolen vehicle.
- Were committing a felony at the time of the accident.
- Were driving an uninsured vehicle.
What is the Serious Injury Threshold?
The concept of a serious injury threshold can be found in Article 51 of New York State Insurance Law. According to Section 5104(a),
“Notwithstanding any other law, in any action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no right or recovery for non-economic loss, except in the case of serious injury, or for basic economic loss.”
The term “serious injury” has also been defined by state insurance law, and according to Section 5102 (d), a person is considered to have suffered a serious injury if an auto accident has resulted in one or more of the following injuries:
- Death;
- Dismemberment;
- Significant Disfigurement;
- Fracture;
- Loss of fetus;
- Permanent loss of the use of a body organ, member, function, or system;
- Significant limitation on the use of a bodily function or system; or
- A medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all of the material acts that constitute such a person’s usual or customary daily activities for no less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment (the “90/180 category”).
What Happens if I Fall Short of the Serious Injury Threshold?
If you cannot prove that you have not suffered any one or more of the injuries that have been listed in Section 5102(d), you will not be allowed to file a lawsuit against the driver responsible for your injuries and will have to settle the matter under insurance.
Make no mistake, $50,000 is a significant sum of money, and it is likely to cover all the costs involved with an auto accident. However, when you claim under insurance, you will only be compensated for basic economic losses such as medical expenses and lost wages. You will not be compensated for non-economic losses such as impaired quality of life, mental distress, and pain and suffering. If you are successful in filing a lawsuit, you would be able to claim for both economic and non-economic losses.
What Are My Options if I Pass the Serious Injury Threshold?
If you can show that you have passed the serious injury threshold, you can take the driver responsible for your injuries to court by filing a lawsuit. However, if you are hesitant to take the matter to court, you can apply for additional no-fault and medical insurance benefits from your insurers or file an insurance claim with the other driver’s insurance company, provided you can prove that the other driver was at fault. These processes will require the expertise and guidance of an experienced Queens car accident lawyer.
Conclusion
When you come to Alex Yadgarov & Associates, you can expect us to listen to your story with care, explain to you the legal principles such as the serious injury threshold that will apply to your case, explain the options you have available for claiming compensation, and handle all the aspects of your case from start to finish. Contact our offices to schedule your free consultation.
