An Introduction to the New York Automobile Threshold Law
Created on November 28, 2017
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.
- Review the automobile threshold law and when it applies
- Comprehend the nine statutory categories of "serious injury"
- Define "basic economic loss"
- Discuss the necessary pleading requirements under the threshold statute
- Identify best practices for navigating motion practice under the law
- Navigate common legal issues that arise under the threshold statute such as gaps in treatment, pre-existing conditions, and subsequent accidents
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