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You can typically only step outside the range of no-fault and file a liability claim (or personal injury lawsuit) against the at-fault driver if your claim meets the “serious injury” threshold in place in new york. which means you’ve experienced any of the subsequent because of the car accident:
- significant disfigurement
- one fracture
- permanent limitation of use of body organ or member
- significant limitation of use of body function or system, or
substantially full incapacity for ninety days.
If your injuries qualify, you’ll be able to hold the at-fault driver liable for the accident, and you’ll be able to pursue compensation for all classes of losses, as well as pain and suffering and other non-economic damages (which are not available during a no-fault claim).