In New York, a no-fault claimant may sue the at-fault driver in tort for non-economic damages (pain and suffering) only if which of the following is satisfied?

Why this is the answer

New York is a 'verbal' no-fault state. Under NY Ins. Law § 5104(a), a motor-vehicle accident claimant may NOT sue the at-fault driver for non-economic damages (pain and suffering) unless the injury falls within the 'serious injury' definition of § 5102(d). The statute now enumerates eight categories — death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, and significant limitation; the former 90/180-day category was repealed for actions commenced on or after May 26, 2026. Economic damages above the $50K PIP cap are independently recoverable in tort without meeting the threshold.