Home › News › New York No-Fault and the Serious Injury Threshold After the 2026 Changes

New York No-Fault and the Serious Injury Threshold After the 2026 Changes

By AutoInsuranceBundle.pro · Published November 2, 2026

Short answer: In New York, no-fault pays basic economic losses up to $50,000 no matter who caused the crash. You can sue another driver for pain and suffering only if you have a serious injury under Insurance Law 5102(d). For lawsuits started on or after May 26, 2026, the 90-of-180-days category no longer counts. State rules vary.

New York is a no-fault state. After a crash, your own policy, or the policy of the vehicle you were in, pays basic medical bills and lost earnings quickly, without first deciding who caused the crash. The trade-off is that you can sue another driver for pain and suffering only if your injury meets a legal "serious injury" threshold. In 2026 that threshold changed, and the change matters for anyone thinking about a lawsuit.

The short video below covers the basics in about half a minute. It uses licensed stock footage and shows no real crash. The full guide follows.

What no-fault pays

According to the New York State Department of Financial Services no-fault FAQ, every New York auto policy includes $50,000 of basic no-fault coverage for necessary expenses such as medical bills and lost earnings, regardless of who was at fault. Additional personal injury protection is optional and can raise those limits.

DFS also notes some important exceptions. Motorcyclists are not covered by no-fault benefits, and if you are hurt by an unknown or uninsured vehicle, you may need to apply to the Motor Vehicle Accident Indemnification Corporation (MVAIC).

The deadlines that can cost you benefits

No-fault has short deadlines. DFS says you must give written notice of the claim to the no-fault insurer within 30 days of the accident, unless you have a clear and reasonable justification for the delay. Medical bills must generally be submitted within 45 days of treatment, and proof of lost wages within 90 days.

The DFS guide on filing claims under your own policy explains that you usually file with the insurer of the vehicle you were in, or, if you were a pedestrian, the insurer of the vehicle that struck you.

When you can sue: the serious injury threshold

DFS explains that you may sue another driver who caused the crash for pain and suffering only if you sustain a "serious injury" as defined in Insurance Law Section 5102(d). After the 2026 changes, the remaining categories include:

• Death
• Dismemberment
• Significant disfigurement
• A fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system

What changed in 2026

DFS Circular Letter No. 3 (2026) summarizes Part EE of Chapter 58 of the Laws of 2026, which took effect on May 26, 2026, and applies to actions commenced on or after that date.

The circular letter says the $100,000 cap on non-economic damages can apply to an at-fault injured person who was driving an uninsured vehicle they were responsible for insuring, except for a lapse of under 30 days, or who was convicted of impaired driving or a felony. The cap does not apply in death cases. Lawsuits commenced before May 26, 2026, are still governed by the earlier rules.

State rules vary, and New York's are now more complex. Call (888) 217-5854 for free quotes.

What this means for your claim

For most people, the first step is the same as before: file the no-fault application on time and keep every bill. The 2026 changes mostly affect lawsuits for pain and suffering. If your injury fits only the old 90-of-180-days category, a new lawsuit may no longer be possible, so talk to a New York lawyer early about timing and your options.

Keeping insurance in force matters more now too. Driving a vehicle you were responsible for insuring while it was uninsured can limit what you recover.

Step-by-step after a New York crash

1. Get medical care and tell the provider it was a car crash.
2. Give written notice to the no-fault insurer within 30 days.
3. Complete the no-fault application the insurer sends.
4. Submit medical bills within 45 days and lost wage proof within 90 days.
5. Keep records of treatment, imaging and missed work.
6. Get legal advice about the serious injury threshold before deadlines run.

FAQ

What does New York no-fault cover?

Basic economic losses such as medical bills and lost earnings, up to $50,000 per person under basic coverage, regardless of fault.

When can I sue for pain and suffering in New York?

Only if you have a serious injury under Insurance Law 5102(d), such as a fracture or a significant limitation of use.

Does the 90-of-180-days rule still apply?

Not for lawsuits commenced on or after May 26, 2026. It can still matter for actions started before that date.

How long do I have to file a no-fault claim?

Written notice is due within 30 days of the accident, unless there is a clear and reasonable justification for a delay.

Are motorcyclists covered by no-fault?

No. DFS says motorcyclists are excluded from no-fault benefits, though other coverage may apply.

Questions about your coverage? Call a licensed agent at (888) 217-5854 to compare free quotes.

Important: This article is general information, not legal, tax, or insurance advice, and coverage rules vary by state, insurer, and policy. AutoInsuranceBundle.pro is a free, independent insurance comparison and referral service. We are not an insurance company, we do not issue policies, and we do not provide insurance advice. Calls to the number on this site are routed to licensed insurance agents or agencies in our partner network, who may receive compensation. Calling is completely voluntary and there is no obligation to buy. Rates, discounts, and availability vary by carrier, state, and individual eligibility; not all carriers, products, or discounts are available in all states. Calls may be recorded for quality and compliance purposes.