An Introduction to the New York Automobile Threshold Law

(256 Ratings)

Produced on: November 28, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 75 minutes
Difficulty Intermediate

Pursuant to New York Insurance Law Section 5104(a), in any action by or on behalf of a covered person (any owner, operator or occupant of a motor vehicle with New York no fault coverage in effect as well as a pedestrian injured through the use of a vehicle with New York no fault coverage in effect) against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no right of recovery for non-economic loss (pain and suffering), except in the case of a serious injury as defined by New York Insurance Law 5102(d).

Commonly referred to as New York’s Threshold Law, this statute represents a potential hurdle for the plaintiff and a potential absolute defense for the defendant. This course presents a comprehensive review of the threshold statute, including but not limited to an examination of all nine categories of serious injury, threshold motion practice, and issues involving gaps in treatment, pre-existing conditions, and subsequent accidents.

Learning Objectives:

  1. Review the automobile threshold law and when it applies
  2. Comprehend the nine statutory categories of “serious injury”
  3. Define “basic economic loss”
  4. Discuss the necessary pleading requirements under the threshold statute
  5. Identify best practices for navigating motion practice under the law
  6. Navigate common legal issues that arise under the threshold statute such as gaps in treatment, pre-existing conditions, and subsequent accidents


Robert J. Permutt

Nationwide Mutual Insurance Company

Robert J. Permutt currently serves as a Commercial Zone Practice Group Leader for the Trial Division of Nationwide Insurance. In this capacity, he oversees the Commercial Litigation being handled by Trial Division attorneys in four Northeastern states. Prior to his current role, Robert served as a Lead Assistant General Counsel, supervising a team of attorneys that provided legal support to the Personal Lines Casualty Claims Organization for the Northeast and Mid-Atlantic States. He also individually provided legal support to the New York Personal Lines Casualty Claims Organization. 

Robert graduated from the State University of New York at Albany in 1991, with a Bachelor’s Degree in History. Robert then attended Brooklyn Law School, obtaining a Juris Doctorate in 1996. 

Following his graduation from law school, Robert worked in the Orange County District Attorney’s Office for four years, ending his tenure in the office’s Violent Felony Unit. 

Upon leaving the District Attorney’s Office, Robert worked for two New York State insurance defense law firms, handling a varied case load including products liability, Labor Law, premises liability, municipal liability and automobile liability cases. 

Robert then joined the House Counsel operations for Progressive Insurance Company, handling large loss exposures throughout the Hudson Valley, New York City and Long Island. 

Robert is a frequent presenter at New York CLE programs having presented for the New York State Bar Association, the New York State Judicial Institute and the New York State Board of Law Examiners. 

Robert served on the Executive Committee of the Torts, Insurance and Compensation Law Section of the New York State Bar Association from 2013 to 2016. On January 29, 2014, the Section honored him with the Committee Chairman of the Year award.   


Sheila R.

well done.

John B.

Great presentation. covered a lot of ground.

Christopher C.

Clear and comprehensive with attention to recent materials

Thomas C.

Very comprehensive. Excellent written materials. One of the best on Lawline

Roy C.

The lawyer doing the program had a good presentation. But above that the information was excellent well organized and helpful

Richard N.

Great CLE. Lots relevant Information!!

Aimee A.

Great compact and comprehensive summary of NY's auto threshold law in just over an hour!

David S.

Excellent presentation

Scott J.

Excellent program. A must for practitioners who practice auto litigation.


Very informative. However to much from the Defendant's point of view.

Vicki A.

very good presentation - completely fulfilled the objectives of the course.

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$ 89 Insurance Law and Personal Injury and Negligence In Stock


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