When Can You File a Lawsuit? | Accident Guide NY
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Beyond the $50,000 cap

When can you file a lawsuit?

No-fault covers up to $50,000. Some injuries let you pursue more. Here's how New York's serious injury threshold works.

Most claims stay within no-fault — but certain injuries open the door to more.
$50,000
The no-fault cap per person, before a lawsuit becomes relevant
90 / 180
Days substantially disabled within 6 months can qualify as a serious injury
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No-fault vs. a lawsuit

No-fault insurance covers your medical bills and lost wages up to $50,000, regardless of who caused the accident — that's the baseline for almost every claim. A lawsuit against the at-fault driver is a separate path, and New York only allows it when your injuries meet a legal standard called the "serious injury threshold."

Meeting that threshold doesn't replace your no-fault claim — it's an additional option on top of it, for injuries serious enough to qualify.

What can qualify

FractureA broken bone from the accident can meet the threshold.
Significant permanent limitationA lasting, meaningful limitation in the use of a body function or system.
90 / 180-day disabilityBeing substantially unable to perform your usual daily activities for 90 of the first 180 days after the accident.
Other serious injuriesNew York law recognizes additional categories beyond these three — whether yours qualifies depends on the specifics of your case.

This isn't something to self-diagnose

Whether an injury meets the legal threshold depends on medical documentation and the specific facts of your case — not just how serious it feels. If you think your injuries might qualify, it's worth having someone review your situation directly rather than guessing.

Good to know

  • Documentation is what makes the case. Consistent medical records from early on matter more than how the injury feels in the moment.
  • The 90/180 clock starts at the accident date. The same as your no-fault filing deadline.
  • A lawsuit and a no-fault claim can run alongside each other. One doesn't cancel out the other.

Common questions

Can I go after the other driver for more than what no-fault covers?

Yes — if your injuries meet New York's serious injury threshold. Qualifying injuries include fractures, significant permanent limitations, and being substantially disabled for 90 out of 180 days post-accident.

Does pursuing a lawsuit affect my no-fault benefits?

No. Your no-fault claim covers your medical bills and lost wages regardless of a lawsuit. A lawsuit is an additional path, not a replacement.

Do I need a lawyer to know if I qualify?

Not to ask the question — but confirming whether your specific injury meets the threshold usually requires someone to review your medical records and case details directly.

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Accident Guide NY LLC is not a law firm and does not provide legal advice. Nothing on this page constitutes legal counsel or creates an attorney-client relationship. Content is for informational purposes only. Laws change — consult a licensed New York attorney for advice specific to your situation.