What Is the 90/180-Day Rule in New York?

The 90/180-day rule is a serious-injury category under New York Insurance Law §5102(d). It may apply when an accident-related injury prevents substantially all of the material acts that make up a person’s usual daily activities for at least 90 days during the first 180 days after the accident. The restriction must be substantial, not minor or occasional.

The test centers on function. Relevant limits can include difficulty working, caring for children, driving, shopping, cooking, bathing, dressing, exercising, or managing household responsibilities. The question is how the injury changed the person’s ordinary routine and whether those limits lasted for the required period.

Legal guidance: The governing law can depend on the accident date and the facts of the claim. Before advising you, an injury lawyer serving New York should review the date of loss, insurance coverage, medical history, treatment, and documented restrictions.

How Can a Lawyer Help With a 90/180-Day Injury Claim?

A lawyer connects medical findings to the daily losses an insurer may dismiss. Returning to work does not necessarily end the inquiry. Modified duties, reduced stamina, missed childcare, limited transportation, and the effort required to complete basic tasks can all matter.

Our attorneys examine the timeline, obtain relevant records, respond to insurance examinations, and organize proof of the changed routine. This work can include the crash report, photographs, witness information, employment records, treatment notes, disability forms, and testimony from people who observed your limitations.

Preserve evidence now: Keep photographs, the police report, witness contacts, pay stubs, appointment histories, prescriptions, physical therapy notes, and messages describing difficulty with ordinary tasks. Do not sign a release or provide a recorded statement before receiving legal advice.

Other serious-injury categories may also apply, including permanent limitation, significant disfigurement, fracture, or significant loss of use. Our firm has achieved numerous million- and multimillion-dollar verdicts and settlements in serious personal injury matters. For broader accident-related representation, review our personal injury legal services.

Silberstein & Miklos, P.C. handles car crashes and related injury claims in Nassau and Suffolk Counties, the Bronx, Brooklyn, Manhattan, Queens, and surrounding communities. If an insurer has questioned your diagnosis, delayed payment, or disputed the seriousness of your injury, contact us through ASK4SAM.net for a focused review. Se habla Español.

How Should You Choose a Lawyer for a New York 90/180-Day Claim?

Choose counsel who understands New York’s no-fault system, Insurance Law §5102(d), medical documentation, and the law applicable to the accident date. A sound case review should address liability, coverage, treatment, work restrictions, functional limits, and the proof needed to seek pain and suffering damages.

Ask about courtroom experience, serious-injury motions, defense medical examinations, depositions, negotiations with no-fault carriers, and trial preparation. A firm prepared to try the case can negotiate from a position of strength when an insurer refuses a fair resolution.

Questions to Ask During a Consultation

Ask which law governs the claim, whether the carrier has accepted no-fault coverage, what deadlines apply, and which records the attorney will obtain. Bring medical records, diagnostic imaging, emergency room paperwork, physical therapy notes, prescriptions, disability forms, employment records, pay stubs, and written work restrictions.

Location and access matter. The Silberstein & Miklos, P.C. attorneys serving Queens assist injured clients throughout New York City and Long Island.

Frequently Asked Questions

What is the 90/180-day rule in New York?

The rule may apply when an accident-related injury prevents a person from performing substantially all of the material acts that make up the person’s usual daily activities for at least 90 days during the first 180 days after the collision.

Does the 90/180-day rule still apply to New York accident claims?

The correct analysis depends on the accident date and governing law. A 90/180 day rule injury lawyer NY can review the date of loss, insurance policy, medical history, and statutory requirements.

How does no-fault insurance affect a serious-injury claim?

No-fault coverage generally pays reasonable medical expenses and a portion of lost earnings after a covered motor vehicle accident. Those benefits are separate from a lawsuit seeking compensation for pain and suffering.

What does “substantially unable” mean?

It means more than being uncomfortable or completing daily responsibilities at a slower pace. Courts examine the complete factual record, including the person’s routine, medical restrictions, and duration of limitations.

How can I prove my injury-related limitations?

Document limitations promptly and specifically. Keep a daily record, work schedules, pay records, disability forms, appointment notes, prescriptions, therapy records, diagnostic images, and written medical restrictions. Ask witnesses to record what they personally observed.

What should I ask during a consultation?

Ask which serious-injury categories may apply, what evidence is missing, whether the insurer has accepted no-fault coverage, and which deadlines require immediate action. For people in Nassau and Suffolk Counties, Silberstein & Miklos, P.C. can evaluate collision injuries, insurance disputes, and potential compensation.