Accidents move fast. This guide doesn't. Every step below is attorney-reviewed and specific to New York City, New York law — 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.
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 nine categories:
1. Death
2. Dismemberment
3. Significant disfigurement (visible scars, deformities)
4. Bone fracture (any fracture, even minor)
5. Loss of fetus
6. Permanent loss of use of a body organ, member, function, or system
7. Permanent consequential limitation of use of a body organ or member
8. Significant limitation of use of a body function or system
9. 90/180-day rule — medically determined non-permanent injury preventing substantially all usual daily activities for at least 90 of the first 180 days
If any one of these nine categories applies, you can sue the at-fault driver for pain and suffering and damages above the $50,000 PIP cap.
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What type of accident were you in?
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've been unable to work or perform daily activities for ~3 months → You may qualify under the 90/180 rule
- 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
- •Don't post photos of physical activity on social media
- •Don't sign settlement releases without threshold analysis
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 Call a Professional
Contact an attorney immediately if any of these apply:
- 1
If you have any fractures from the crash → You meet the threshold automatically.
- 2
If you've been unable to work for 90+ days → Document carefully; you may qualify under 90/180.
- 3
If MRI shows herniation or significant tear → You may qualify under limitation categories.
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Get Free Case Review →Key Numbers
| Metric | Value | Source |
|---|---|---|
| Threshold statute | NY Insurance Law § 5102(d) | § 5102(d) |
| Number of qualifying categories | 9 | § 5102(d) |
| 90/180-day rule baseline | 90 of first 180 days post-accident | § 5102(d)(7) |
| Statute of limitations | 3 years (CPLR § 214) | CPLR § 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 for the 90/180 rule.
The 90/180-day category requires medical proof that your injuries prevented substantially all usual daily activities for at least 90 of the first 180 days. 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.
- 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.
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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), or any injury preventing substantially all daily activities for 90 of the first 180 days. Most genuine accident injuries meet at least one category.
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.
How do I prove the 90/180-day rule?▼
Medical records that document functional limitations (not just pain) for at least 90 days of the first 180 days post-accident. This typically requires consistent treatment, doctor's notes specifically describing what activities you cannot perform, and (often) work absence documentation if employment was affected. An experienced NYC MVA attorney coaches both client and treating providers on the documentation needed.
Sources & Citations
Related New York City Accident Guides
Deep-dive service guides written with our verified partner attorneys.
What to Do After a Car Accident in New York City
Injured in a NYC car accident? New York's no-fault law limits lawsuits — but you may still have a case under the serious injury threshold (§ 5102(d)). Learn the 30-day NF-2 deadline and 3-year SOL.
Motorcycle Accidents in New York City
Injured in a NYC motorcycle accident? NY requires helmets under VTL § 381. Motorcyclists qualify for no-fault PIP under NY law. Learn lane-splitting legality and the serious injury threshold.
Check My Case Value & Protect My Claim →
Free · No obligation · 24/7 intake open
⚡ Free · No Obligation
See If You Qualify in 60 Seconds
Step 1 — Select accident type
What type of accident were you in?