New York is a no-fault state. This means that, usually, you can’t bring lawsuits after an accident. “No fault” is a bit misleading, however, since a determination of fault will certainly be made if you’re able to bring a suit.
You can sue for damages after a car accident in New York for:
- Losses that exceed no-fault benefits
- Non-economic damages (like pain and suffering)
- Serious injuries
According to the Consolidated Laws of New York, Section 5102, serious injury is defined by the laws of New York as: “(i) Death, (ii) dismemberment, (iii) significant disfigurement, (iv) a fracture, (v) loss of a fetus, (vi) the permanent loss of use of a body organ, member, function or system, (vii) a permanent consequential limitation of a body organ or member, (viii) a significant limitation of the use of a body function or system, or (ix) a non-permanent medically-determined injury or impairment that