New York State follows what is known as “no-fault insurance” law (sometimes referred to as “personal injury protection insurance” or “PIP”) . That means regardless of who was at fault for the accident, your medical expenses and lost wages will be covered by the insurance company if the laws have been followed correctly.  

Article 51 of the insurance law states that in order to pursue a lawsuit for  personal injury from an automobile accident, you must establish a basic economic loss exceeding $50,000 or have suffered a “serious injury.”  Serious injuries are defined as follows:

• Death;
• Dismemberment;
• 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;
• 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.