When Can I Sue for Injuries in a Car Accident in New York?

Under New York’s No-Fault insurance law you must have a serious injury to be able to make a claim. Serious injury is specifically defined as death, dismemberment, loss of a fetus, a fracture or broken bone, a disfiguring scar, prominent loss of use of a body organ, member, function or system, prominent loss of use of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury that prevents you from performing substantially all of your regular activities for 90 days out of the 180 days following the accident. Unless you have an injury that meets that threshold, you cannot bring a claim in New York.