Tightening the Serious Injury Threshold

New York’s no-fault insurance law allows for individuals seriously injured in an auto accident to make claims for compensation that stretch beyond reimbursement for the medical expenses or lost wages associated with an injury. This additional compensation is intended to offer support for non-economic damages, like the pain and suffering of victims with serious injuries. New York’s legal definition of serious injury is currently vague, applied inconsistently, and can include temporary injuries that only sideline an individual for a short time following an accident.

Governor Hochul will reform the serious injury threshold by proposing objective and fair medical standards for what qualifies as a serious injury. This reform will avoid unnecessary and expensive litigation, and help stop individuals from exploiting the system to win payouts that are not aligned with the severity of their injuries and push everyone else’s rates up.

Firefighters Association of the State of New York President Eugene J. Perry Jr. said, “As firefighters and first responders, we see the real world consequences of dangerous behavior on our roads. Staged auto accidents don’t just raise insurance costs, they put lives at risk, including the lives of our emergency responders and innocent motorists. This is why FASNY strongly supports Governor Hochul’s proposed auto insurance reforms. They take direct aim at staged crash rings and fraudulent claims, which happens far too often throughout the state.”

New York State County Fire Coordinators Association President Bill Streicher said, “Auto insurance is a major burden for volunteers who rely on their personal vehicles to respond to calls and training. When premiums rise, it’s a barrier to service. Every added cost discourages participation and puts pressure on our already strained volunteer system. Governor Hochul’s common-sense plan helps ease this unfair burden. By addressing the issues, the Governor is creating a more balanced system that supports the volunteers who keep our communities safe.”

Long Island Firefighters Legislative Committee Chair Bill Theis said, “On Long Island, volunteer firefighters see every day how rising costs are hitting working families, and auto insurance is no exception. Fraud and abuse drive up premiums for everyone, and that’s money coming straight out of our neighbors’ pockets. Governor Hochul’s proposal takes a common-sense approach to cracking down on bad actors, restoring fairness and helping bring down costs for drivers. We’re proud to support efforts that protect taxpayers and strengthen our communities.”