If you are injured in a car accident in New York, the compensation available under your no-fault policy may not be enough to fully cover your losses. However, if your injury is considered “serious” under New York law, you may be able to file a lawsuit against the at-fault driver.
The 90/180-day rule is one way an injured person may satisfy the state’s serious injury threshold.
If someone is substantially unable to carry out most of their normal daily activities for at least 90 of the 180 days immediately following an injury, they may qualify as disabled under the law. However, proving this standard is often challenging.
Speak with an experienced team of New York City car accident lawyers as soon as possible to protect your right to compensation.
Why a “serious injury” matters
New York is one of roughly a dozen states that limits financial recovery for motorists suffering minor injuries. The no-fault system is designed to make it easier for injured individuals to recover medical expenses and lost wages regardless of who caused the accident.
However, medical bills and lost income are not the only losses associated with a serious car accident. Injured victims may also suffer significant pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and other non-economic damages.
When you pursue a personal injury lawsuit against an at-fault driver, you may seek compensation for both economic and non-economic losses beyond what is available through a no-fault claim.
Meeting the “serious injury” requirement to file a car accident lawsuit
The legal definition of a serious injury is found under New York Insurance Law Section 5102(d). It includes:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all of the material acts constituting their usual and customary daily activities for at least 90 days during the 180 days immediately following the injury
This final category is commonly referred to as the “90/180 rule,” and it forms the basis for many serious injury claims arising from car accidents.
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How “substantially all” is defined under the 90/180 rule
To successfully pursue a 90/180 claim, you must demonstrate that your injury prevented you from performing “substantially all” of your usual daily activities. This means the injury caused a major disruption to your life — not merely a minor inconvenience.
For example, needing occasional assistance with a few daily tasks may not satisfy the legal standard. However, if your doctor instructs you not to work for several months and you are unable to perform most activities you could before the accident, your injury is far more likely to qualify as serious under the law.
Proving a serious injury based on substantial impairment
Under the statute, a substantial impairment must be supported by medical evidence. To meet this standard, you will need documentation such as medical records, physician reports, diagnostic imaging, CT scans, MRIs, and other forms of objective medical proof.
Your testimony alone is generally not enough to establish a serious injury claim.
It is critical to seek medical treatment as soon as possible after an accident. The sooner a healthcare provider evaluates your injuries, the easier it may be to demonstrate that the accident directly caused your impairment.
An experienced personal injury attorney can help identify and obtain the evidence necessary to support your claim.
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Speak with a lawyer about your accident
If you were injured in a car accident in New York, there is a risk that your claim could be undervalued and that you may not receive the compensation you deserve.
Speak with our experienced team of New York City personal injury lawyers to maximize your financial recovery.
At Douglas & London, we are committed to helping New Yorkers pursue full compensation for their injuries. Call today to schedule a free and confidential consultation.
