Arguably, yes. New York made the New York serious injury threshold tougher for some injured motorists when the law changed in 2026. Since May 26, the old 90/180-day category has been gone. That matters because it once gave people with serious but nonpermanent injuries a possible route to pain-and-suffering damages.
Other categories still remain, including fractures, significant disfigurement, permanent consequential limitations, and significant limitations of a body function or system. Supporters say the narrower rule may reduce inflated claims and insurance costs. Our lawyer can review your injuries and evidence to determine whether your claim fits one of the remaining categories.
Table of Contents
- Did New York Make Serious Injury Harder to Prove?
- How Could the New Threshold Affect Staten Island Victims?
- What Mistakes Can Hurt a Serious Injury Claim?
- When Should You Contact a Staten Island Injury Lawyer?
- Frequently Asked Questions
Did New York Make Serious Injury Harder to Prove?
Yes, for some motorists. Part EE of Chapter 58 took effect on May 26, 2026, and applies to actions and proceedings commenced on or after that date. It repealed the 90/180-day category of Insurance Law ยง 5102(d). Prior to the Edit, the injury met the threshold for the classification of a nonpermanent injury if it prevented a person from performing all customary activities substantially for a period of 90 days out of the initial 180 days following the motor vehicle accident. That route is not available. New York did not remove the threshold. New York has, however, restricted the options available to the injured party to meet the threshold.
What Injuries Still Meet the Serious Injury Threshold?
Insurance Law ยง 5102(d) still recognizes:
- fracture;
- permanent consequential limitation of a body organ or member;
- death;
- significant limitation of a body function or system;
- loss of a fetus;
- significant disfigurement;
- permanent loss of use of an organ, member, function, or system; or
- dismemberment.
A fracture is not required. The real question is whether the medical proof places the injury within one of these remaining categories.
Why Does Removing the 90/180-Day Rule Matter?
An injury can affect your daily life for months or even years but still result in a full recovery. Loss of injury does not mean permanent disability, but a person may be unable to work or care for their family. Until May 26, 2026, situations like these could fall under the 90/180-day category if properly documented. Now, they will never be considered again for these types of claims. The other reforms offered by the Department of Financial Services were meant to curb suspected fraudulent claims and rising auto insurance costs. There is merit in claiming the restriction of the rule will allow fraudulent claims and eliminate compensation for deserving claimants.
How Could the New Threshold Affect Staten Island Victims?
The biggest effect may fall on people who are badly limited for several months and then improve. A Staten Island driver with a serious back or shoulder injury might need months of therapy and miss four months of work. Medical expenses can pile up, and so can lost wages. Before the amendment, those facts might have supported a 90/180-day argument if the legal requirements were met. Now, Staten Island serious injury claims involving similar facts must fit another category that remains in the statute.
What If a Serious Injury Eventually Improves?
Improvement does not automatically defeat a claim. A person may still qualify under the significant-limitation category if the medical evidence supports it. What changed is that temporary impairment no longer has its own 90/180-day route.
Can You Qualify Without a Fracture?
Yes. New York courts continue to acknowledge that serious non-fracture injuries are compensable when showing meaningful restrictions. In Kellman v. Diaz on July 29, 2026, the Second Department found that factual issues existed based on expert evidence of significant restrictions under the permanent consequential and significant limitation categories. Therefore, the law is not fracture-or-nothing; the evidence need only fit the claimed category.
What Mistakes Can Hurt a Serious Injury Claim?
Pain is rarely enough to decide a case. Courts require objective proof provided by a physician. This can include scans, findings, and/or measurement of limitations to range of motion and/or functional losses. Causation is also important. An insurance company may cite degeneration, preexisting injuries, irregular records, or treatment gaps and suggest that the crash was not the reason for the injury or condition.
Why Is Pain Alone Not Enough?
Courts need more than a personโs description of pain. Objective findings can show reduced movement, structural injury, or other measurable limits. If the defense presents medical evidence challenging serious injury, the claimant may need admissible proof that creates a genuine factual dispute.
How Is No-Fault Different From an Injury Claim?
A no-fault insurance claim can be treated separately. Qualifying benefits can help cover economic losses without proving the other driverโs negligence or liability. Pain and suffering compensation is different because the claimant must meet the serious-injury threshold. Receiving no-fault benefits does not prove serious injury for a tort settlement or lawsuit. CPLR ยง 214 generally gives three years for an ordinary personal injury claim, unless the claim is brought under a different law that shortens the time to bring the claim or under the exception of the discretion of the court.
When Should You Contact a Staten Island Injury Lawyer?
Examining the facts a little more may be warranted if an insurer describes the injury as minor or degenerative, treatment continues for months, or the injury remains limiting, or if scans show structural damage. Prior injuries to the same body part may be relevant when determining causation, as may gaps in treatment. The date of the crash is also relevant. A crash that occurred prior to May 26, 2026 may still be subject to the amended law if the action was brought on or after May 26, 2026.
When Does Serious Injury Need Legal Review?
The medical record and the insurerโs position often show where the real dispute lies. Long-term limits, earlier conditions, work restrictions, and causation can all affect which serious-injury category is available. Reviewing those issues early can also make it easier to preserve useful records.
How Can a Lawyer Prove Serious Injury?
A lawyer can collect medical records, objective testing, physician opinions, work records, and prior medical history to show how the injury affected the claimant. Counsel can also separate no-fault losses from damages pursued in a liability action and explain the personโs legal rights before settlement. Higher-value civil cases in Staten Island may be heard in Richmond County Supreme Court at 26 Central Avenue, within New Yorkโs 13th Judicial District.
Frequently Asked Questions
Did New York Eliminate the Serious Injury Threshold?
No. New York kept the threshold but removed the former 90/180-day category for qualifying nonpermanent injuries.
Can a Temporary Injury Still Be Serious?
Potentially. A temporary injury may still qualify if the evidence supports another category in Insurance Law ยง 5102(d), including significant limitation of a body function or system.
Does a Herniated Disc Count as Serious Injury?
Not automatically. Courts look at objective medical evidence, functional limits, causation, and the specific category being claimed.
Can the 2026 Rules Apply to Earlier Accidents?
Yes. Part EE applies to actions and proceedings commenced on or after May 26, 2026, even if the accident happened earlier.
Can You Get No-Fault Without Proving Serious Injury?
Yes. No-fault benefits generally cover qualifying basic economic losses separately. The serious-injury threshold mainly affects access to non-economic damages such as pain and suffering.