New York No-Fault and Serious Injury
New York pays for motor vehicle injuries through no-fault benefits first. An injured person’s own carrier covers medical treatment and a portion of lost earnings without regard to who caused the collision. What no-fault does not cover is pain and suffering, and to reach that an injured person must satisfy the serious injury threshold defined at N.Y. Insurance Law 5102(d). Most contested motor vehicle cases in this state are decided on the threshold. Law Offices Of SRIS, P.C. handles these disputes. Call (888) 437-7747.
The Threshold Categories
The statute defines serious injury through a list of categories. Several matter in practice: permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and the category addressing a medically determined injury that prevents substantially all of the person’s usual activities for a defined portion of the period immediately following the accident. Fracture, dismemberment, and significant disfigurement are their own categories. Which category is pleaded shapes what proof the case requires.
How Benefits Get Cut Off
No-fault benefits are commonly terminated after an examination arranged and paid for by the insurer, which concludes that further treatment is unnecessary. That determination is not final and can be challenged, but a gap in treatment created by the cutoff becomes an argument the defense uses later on the threshold question. Anyone whose benefits are denied should get advice before stopping treatment, because the medical record built during this period is what the threshold argument will rest on.
Frequently Asked Questions
What does no-fault actually pay?
Medical treatment related to the collision and a portion of lost earnings, up to the limits of the coverage, without regard to fault. It does not pay for pain and suffering.
Why was my treatment denied?
Most often after an examination arranged by the insurer concluded that further care was not needed. The denial can be contested, and it is a reason to seek advice rather than a reason to stop treating.
Does a herniated disc meet the threshold?
Not automatically. Imaging alone rarely settles it, because carriers argue that disc findings reflect degeneration. What matters is objective evidence of limitation, how it was measured, and a consistent record connecting the loss of function to the collision.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he builds a record and reads the other side’s file. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to the documentary and financial side of an injury claim, from billing records to wage loss. Mr. Sris and the firm’s Of Counsel attorneys handle New York matters together, with the division of work set at the start of the engagement.
Speak With Mr. Sris
Request a consultation. Reach our location at (888) 437-7747. Bring the police or incident report, the name of every provider who has treated you, your no-fault claim number if one was opened, and any correspondence from an insurer. That material lets the first conversation move past intake.
No attorney fee unless we recover. Clients may be responsible for case expenses.
Last updated: August 25, 2026
This page provides general information about New York personal injury law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.
Attorney advertising. Prior results do not guarantee a similar outcome.