Damages can be sought from the at fault driver after a car accident, if you have sustained a serious injury, as defined under New York State Insurance law. Those medical conditions include:
Dismemberment
Significant disfigurement
Fracture
Death
Loss of a fetus
A permanent loss or use of a body organ, member, function, or system
A permanent disability or limited use of a body organ, member, function, or system
A non-permanent injury that prevents you from the performance of your daily activities for at least 90 days within the 180-day period immediately following the accident.
If your injuries fail to satisfy the serious injury threshold requirement, the at fault driver’s insurer will not be liable for your damages.