New York’s no fault system pays medical bills after a car accident regardless of who caused it, but suing the other driver for pain and suffering requires clearing a separate legal hurdle first. Understanding that hurdle, and a recent change to it, matters for anyone hurt in a Bronx crash.
Why A Threshold Exists At All
Under New York’s serious injury threshold, an injured driver, passenger, or pedestrian generally cannot sue the at fault driver for pain and suffering unless the injury falls into one of several defined categories, such as a fracture, permanent limitation of a body function, or significant disfigurement. No fault insurance covers medical bills and a portion of lost wages up to a set limit, and the threshold exists to reserve lawsuits for injuries the legislature considered serious enough to justify one.
A Major Category Was Recently Removed
For years, one of the most commonly used categories allowed a claim to proceed if an injury prevented someone from performing substantially all of their usual daily activities for at least 90 of the 180 days following the accident. As of a 2026 reform, this 90/180 day category no longer qualifies as a basis for meeting the threshold, which removes an option that many claims previously relied on for injuries that healed without permanent limitations.
What Still Qualifies As A Serious Injury
Several categories remain available after the 2026 change, including death, dismemberment, a fracture, significant disfigurement, and permanent limitation or loss of use of a body organ or system. Objective medical evidence, such as imaging results or documented range of motion deficits, tends to matter far more than subjective complaints of pain when a court evaluates whether one of these categories has been met.
A New Fault Rule Now Applies Alongside The Threshold
Motor vehicle personal injury cases are also now subject to a modified comparative fault rule rather than New York’s traditional pure comparative negligence standard. Edelsteins, Faegenburg, & Blyakher LLP has been tracking how this shift plays out in practice since it took effect. Under this newer rule, a driver found more than 50 percent at fault cannot recover damages at all, whereas the older rule allowed some recovery no matter how much fault was assigned. Courts now consider this fault question before moving on to whether the serious injury threshold has been met.
What This Means For Documenting An Injury
Because a specific category has been removed and objective proof carries more weight, documentation matters even more than before:
- Imaging results, such as MRI or CT scans, tied directly to the accident
- Physician notes describing specific, measurable limitations rather than general pain
- A consistent treatment record without long, unexplained gaps
- Records connecting any pre-existing condition to the aggravation caused by the crash
How This Plays Out For A Bronx Crash
Because the 90/180 day category is gone, injuries that once supported a claim on their own now need to fit squarely into one of the remaining categories. A Bronx car accident lawyer can review medical records early to determine which category, if any, an injury is likely to satisfy under the current rule.
Why Timing Matters More Under The New Rule
Both the threshold question and the new fault rule depend heavily on evidence gathered close to the time of the crash. A Bronx car accident lawyer can help identify which records and evidence will matter most given how recently these standards changed.
These changes are still new enough that many injured drivers have not heard about them yet, and assuming the old rules apply can lead to a case being built around the wrong standard. If you were hurt in a car accident in the Bronx, reach out to our office to go over how these current rules apply to your situation.