An Introduction to the New York Automobile Threshold Law

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