What is the “serious injury requirement” of the no fault law?
Under New York’s No-Fault law, you can only bring a lawsuit due to auto accidents for: – A serious injury and/or economic losses exceeding basic economic loss as defined by the New York Insurance Law.To recover money damages for “non economic losses” (such as: conscious pain and suffering, loss of consortium, ability to enjoy life and emotional distress), an injured person must sustain a “SERIOUS INJURY”. The New York Insurance Law defines a serious injury as a personal injury that results in one or more of the following:* Death; * Dismemberment; * Significant disfigurement; * A fracture; * Loss of a fetus; * 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; or * A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute su
