Under New York Insurance Law §5102(d), serious injury means a personal injury that results in death, dismemberment, significant disfigurement, a fracture, the loss of a fetus, or permanent loss or limitation of use of a body organ, member, function or system. In a car accident claim, a serious injury that meets this threshold gives the victim the right to sue outside of the no-fault insurance system.
What Is New York’s Definition of a Serious Injury?
New York Insurance Law §5102(d) gives a specific definition of “serious injury.” It defines a serious injury as one that fits into any of the following categories:
- Death
- Dismemberment, meaning loss of a limb or amputation injuries
- Significant disfigurement, such as severe scarring from burn injuries
- A fracture, meaning broken bones or fractured teeth
- Loss of a fetus, or miscarriage
- 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 function or system
This definition is recognized as New York’s “tort threshold,” as injuries that meet this definition qualify the victim to file a personal injury (tort) lawsuit outside of the state’s no-fault insurance system.
Examples of Serious Injuries From Auto Accidents
An automobile accident can inflict many types of serious, catastrophic or permanently disabling injuries on those involved. The human body is not built to withstand the serious forces exerted upon it in a motor vehicle collision. This can result in many different injuries that meet New York’s definition of “serious” for insurance purposes.
Examples of serious injuries include traumatic brain injuries, spinal cord injuries with temporary or permanent effects, paralysis or nerve damage, internal injuries or organ damage, broken bones, loss of vision or hearing, traumatic or surgical amputations, severe burn injuries, and any injuries resulting in wrongful death.
Why Does the Tort Threshold Matter in a New York Personal Injury Claim?
The tort threshold is relevant because of New York’s no-fault insurance law. In the State of New York, drivers involved in automobile accidents must file claims with their own car insurance providers, regardless of fault. First-party personal injury protection (PIP) insurance covers a victim’s medical bills and partial lost wages without requiring proof of fault or negligence.
However, if the victim’s injuries qualify as “serious” under the Insurance Law, a lawsuit can be brought against the at-fault driver or party for greater damages. This may include medical bills, full lost wages, pain and suffering, and property damage. The official definition of serious injury is used when determining an individual’s eligibility to file a claim outside of the no-fault system.
Exceptions to the Serious Injury Threshold Requirement
Certain auto accident victims in New York are not restricted to the serious injury threshold requirement. In general, parties who are outside of a standard passenger vehicle at the time of an accident do not need to meet the tort threshold to file lawsuits. This includes motorcyclists, bicyclists and pedestrians.
When to Involve a Car Accident Attorney
If you suffer an injury that meets the definition of serious under New York Insurance Law, you should involve a car accident lawyer in your claim as soon as possible. Bringing a lawsuit against another driver requires proof of negligence and fault for the accident.
You will also have to deal with another driver’s insurance company, which will not want to maximize your financial recovery. The right Forest Hills, NY personal injury lawyer can protect your rights and help you seek maximum compensation.