NY Back Injury Car Accident Compensation Guide

Yes — NY’s no-fault (PIP) coverage pays up to 0,000 for medical expenses and 80% of lost wages regardless of fault. However, this coverage has limits, and for serious back injuries requiring surgery or causing permanent impairment, you may need to pursue a tort claim against the at-fault driver.

Under NY Insurance Law §5102(d), a back injury qualifies as serious if it causes a significant limitation of use, permanent consequential limitation, or 90 days of disability out of 180 following the accident. Herniated discs, disc bulges causing nerve compression, and fractures typically meet this threshold with proper medical documentation.

Key factors include the severity and permanence of the injury, total medical costs, lost income and reduced earning capacity, whether surgery was required, and the at-fault driver’s insurance policy limits. Comparative negligence under NY CPLR Article 14-A can also reduce your recovery if you were partly at fault.

NY’s statute of limitations for personal injury from a car accident is three years from the date of the accident. However, no-fault benefit claims must be filed with your insurer within 30 days of the accident, so acting quickly on both fronts is critical.