Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Does NY no-fault insurance cover my back injury from a car accident?
Yes — NY’s no-fault (PIP) coverage pays up to $50,000 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.
What qualifies as a “serious injury” for a back injury claim in NY?
Under NY Insurance Law §5102(d), a back injury qualifies as serious if it causes a significant limitation of use or permanent consequential limitation. The former 90/180-day category was removed for lawsuits filed on or after May 26, 2026. Herniated discs, disc bulges causing nerve compression, and fractures typically meet this threshold with proper medical documentation.
What factors affect back injury compensation in NY car accident cases?
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. For car accident lawsuits filed on or after May 26, 2026, CPLR §1411(b) bars any recovery if your share of fault is greater than the defendants’; otherwise your award is reduced by your percentage of fault.
How long do I have to file a back injury lawsuit after a car accident in NY?
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.