New York uses a no-fault system with a strict serious injury threshold under §5102(d). Pennsylvania lets drivers choose between full tort and limited tort coverage. Learn the key differences in lawsuit rights, medical benefits, serious injury standards, and what happens in cross-border accidents between NY and PA.
New York’s no-fault auto insurance covers up to $50,000 in medical expenses, 80% of lost earnings, and other costs — regardless of fault. Learn what’s covered, how to file your NF-2 application within the 30-day deadline, what to do when claims are denied, and how no-fault interacts with your right to sue for pain and suffering.
The 90/180 day rule under New York Insurance Law §5102(d) allows car accident victims to sue for pain and suffering if a non-permanent injury prevented them from performing substantially all of their usual daily activities for at least 90 of the first 180 days after the accident. Learn how this category works, what evidence is required, and why most claims fail.
Soft tissue injuries like herniated discs, bulging discs, and torn ligaments can meet New York’s serious injury threshold under Insurance Law §5102(d) — but only with the right medical evidence. Learn what documentation is required, how insurance companies challenge these claims, and common mistakes that sink soft tissue cases in New York courts.
New York’s No-Fault law requires car accident victims to prove a “serious injury” under Insurance Law §5102(d) before they can sue for pain and suffering. The statute defines nine categories including fractures, significant disfigurement, permanent limitation of use, and the 90/180 day rule. Understanding this threshold is critical to any New York auto accident claim.
Full tort preserves your right to sue for all damages including pain and suffering after a car accident. Limited tort restricts you to medical bills and lost wages unless injuries are serious. This choice on your auto insurance policy can mean a difference of tens of thousands of dollars.
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