Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to New York City, New York law, and written in plain language instead of legal jargon — with each answer linked to its source, so you don't miss what matters.
The single most common question NYC accident victims ask is: 'New York is no-fault. Can I even sue?' The answer is yes, but only if your injuries meet the 'serious injury threshold' under NY Insurance Law § 5102(d). Understanding this threshold is the difference between $50,000 in PIP benefits and a six- or seven-figure personal injury recovery.
This guide applies to New York State law. The serious injury threshold is unique to New York and a small number of other no-fault states.
Yes, you can sue after a NYC car accident, if your injuries meet the serious injury threshold.
NY Insurance Law § 5102(d) defines 'serious injury' in eight categories (for cases commenced on or after May 27, 2026):
- 1Death
- 2Dismemberment
- 3Significant disfigurement (visible scars, deformities)
- 4Bone fracture (any fracture, even minor)
- 5Loss of a fetus
- 6Permanent loss of use of a body organ, member, function, or system
- 7Permanent consequential limitation of use of a body organ or member
- 8Significant limitation of use of a body function or system
If any one of these categories applies, you can sue the at-fault driver for pain and suffering and damages above the $50,000 PIP cap.
2026 change: A reform signed May 27, 2026 removed the former ninth category, the 90/180-day rule (a non-permanent injury preventing substantially all usual daily activities for at least 90 of the first 180 days). It no longer applies to cases commenced on or after that date, but may still apply to cases filed earlier.
Quick Answer: Source Index2§ 2 LAWclaim-level sources
NY Insurance Law § 5102: Definition of Serious InjuryNY Insurance Law § 5102: Definition of Serious Injury✓ Official (source-only)
CPLR § 214: Three-Year Statute of LimitationsCPLR § 214: Three-Year Statute of Limitations✓ Official (source-only)
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What You're Experiencing
You were in a NYC accident and someone, friend, adjuster, or another driver, told you that 'New York is no-fault, so you can't sue.' You're trying to figure out if that's true.
What This Likely Means
- If you have any bone fracture from the crash → You qualify under category 4
- If you have visible scarring or disfigurement → You qualify under category 3
- If you have chronic pain or limited motion that has lasted months → You may qualify under permanent consequential limitation or significant limitation
Your Options
You Can Do This
- •Document every functional limitation in a daily journal
- •Tell every treating doctor about the activities you can't do
- •Save all records showing work absences or activity limitations
- •Get treatment continuously, gaps weaken the threshold case
Attorney Handles
- •Reviews medical records to identify which categories apply
- •Coaches treating providers on documentation needed
- •Files suit in NY Supreme Court when threshold is met
- •Negotiates settlement at multiples of PIP value
Avoid Doing This
- •Don't go to providers who refuse to document functional limitations
- •Don't return to work too early without documentation
- •Photos of physical activity on social media are used to dispute functional limitations. Most attorneys advise not posting during an open claim.
- •A settlement release signed before a § 5102(d) threshold analysis can waive the entire tort claim. Attorneys advise the analysis first.
What This Typically Costs
PIP covers $50,000 in medical and lost wages. Cases meeting the serious injury threshold regularly settle for $75,000-$500,000+ depending on injury severity and policy limits. NYC PI attorneys typically take cases on contingency.
When to Get Help
Many situations on this page are manageable on your own. The Your Options section above shows what people commonly handle themselves and where an attorney typically adds value.
These signals usually mean it is time to talk to a licensed attorney:
- 1
If you have any fractures from the crash → You meet the threshold automatically.
- 2
If you've been unable to work for months → Document functional limitations carefully; you may qualify under the permanent or significant-limitation categories.
- 3
If MRI shows herniation or significant tear → You may qualify under limitation categories.
A consultation is information, not a commitment. Free consultations are standard at New York personal injury firms.
Key Numbers
| Metric | Value | Source |
|---|---|---|
| Threshold statute | NY Insurance Law § 5102(d) | statute§ 5102(d) |
| Number of qualifying categories | 8 (2026 reform removed the 90/180 category) | statute§ 5102(d) |
| 90/180-day category | Removed for cases commenced on/after May 27, 2026 | statute§ 5102(d) |
| Statute of limitations | 3 years (CPLR § 214) | statuteCPLR § 214 |
Common Mistakes to Avoid
- 1
Mistake #1: Assuming 'no-fault' means 'no lawsuit.'
This is the most common misconception. No-fault limits your right to sue, it doesn't eliminate it.
- 2
Mistake #2: Not documenting functional limitations.
Functional limitations support the 'permanent consequential limitation' and 'significant limitation' categories. Vague descriptions in medical records ('patient reports pain') don't qualify. Specific functional language ('unable to work,' 'cannot lift,' 'cannot perform daily tasks') is essential. (The 90/180-day category, which turned entirely on this kind of documentation, was removed by a 2026 reform for cases commenced on or after May 27, 2026, but the same documentation still strengthens the limitation categories.)
- 3
Mistake #3: Going to a 'preferred provider' who doesn't document threshold language.
Some no-fault medical providers focus only on treatment codes, not on functional limitations. Your record must support the threshold case.
Frequently Asked Questions
What kinds of injuries qualify under the serious injury threshold in New York?▼
Bone fractures (any fracture qualifies, including ribs, fingers, toes), permanent limitations of body function (chronic neck/back issues following the crash), significant disfigurement (visible scarring), and permanent or significant limitation of use. Most genuine accident injuries meet at least one category. Note: a 2026 reform removed the former 90/180-day category for cases commenced on or after May 27, 2026.
Can a herniated disc qualify under the serious injury threshold?▼
Often yes, under either 'permanent consequential limitation' or 'significant limitation' categories, if the disc herniation is documented on MRI and there's medical evidence of resulting functional limitations. Defense insurers frequently challenge disc cases, so MRI evidence + neurological exam findings + ongoing treatment records are essential.
Does the 90/180-day rule still apply in New York?▼
Not for new cases. A 2026 reform removed the 90/180-day category for cases commenced on or after May 27, 2026; it may still apply to cases filed before that date. Where it still applies, it is proven with medical records documenting functional limitations (not just pain) for at least 90 of the first 180 days post-accident, consistent treatment, doctor's notes describing what activities you cannot perform, and often work-absence documentation. The same documentation also supports the permanent and significant-limitation categories, which remain in effect.
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Reviewed by: Not Yet Claimed · NY Bar #0000000 · Data as of: Jan 2025 · Next review: 2026-Q3.
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Sources & Citations
- statute[1] NY Insurance Law § 5102: Definition of Serious Injury ↗
- statute[2] CPLR § 214: Three-Year Statute of Limitations ↗
This guide applies to New York State law. The serious injury threshold is unique to New York and a small number of other no-fault states.
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