New York is a no-fault state, which means car accident victims must carry personal injury protection (PIP) insurance. Even if the other driver is at fault, New York law requires that most drivers first turn to their PIP insurance to cover basic economic losses up to $50,000 per person.

However, you may file a New York personal injury lawsuit or auto liability insurance claim against the at-fault driver if your basic economic loss exceeds $50,000 or if you sustained a “serious injury.” Under New York law, a serious injury is defined as one that results in:

• Death;
• Dismemberment;
• Significant disfigurement;
• A fracture;
• Loss of a fetus;
• Permanent loss of an organ, limb, function, or system;
• Permanent limitation in an organ or limb;
• Significant limitation of body function or system us; or
• A non-permanent injury that prevents you from performing regular activities for at least 90 of the 180 days immediately following the accident.