The short answer is yes — someone can sue you for a minor car accident. But in New York, the no-fault insurance system creates a threshold that limits when a lawsuit is permitted. Not every fender bender leads to a lawsuit. Understanding how New York’s no-fault system works, what the serious injury threshold requires, and what your exposure actually is will tell you whether you have a real legal problem or just an unpleasant situation.
How New York’s no-fault system limits lawsuits
New York is a no-fault auto insurance state. After an accident, each driver’s own insurance covers their medical expenses and lost wages through Personal Injury Protection, regardless of who caused the collision. The PIP coverage in New York provides up to $50,000 per person for medical treatment, lost earnings (up to $2,000 per month), and other reasonable and necessary expenses.
The purpose of the no-fault system is to keep minor accident claims out of the courts. If the other driver’s injuries are covered by their own PIP benefits and do not meet the serious injury threshold, they cannot sue you for additional damages. Their insurance handles their medical bills. Your insurance handles yours. The accident is resolved through the insurance system without litigation.
The serious injury threshold
To sue you for pain and suffering and other non-economic damages, the other driver must prove that their injuries meet the serious injury standard defined in Insurance Law Section 5102(d). The statute lists specific categories: death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or member or system, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury that prevents the person from performing substantially all of their customary daily activities for at least 90 of the 180 days following the accident.
In a minor accident — a low-speed rear-end collision in traffic, a parking lot bump, a sideswipe at an intersection — the injuries may not meet any of these categories. Soft tissue injuries like minor neck or back strain that resolve within weeks or months often fall below the threshold. If the other driver’s injuries do not meet the serious injury standard, they cannot maintain a lawsuit against you no matter how clearly you were at fault.
When a minor accident leads to a serious injury claim
Not every minor accident produces minor injuries. A low-speed collision can cause a disc herniation that requires surgery. A rear-end impact at 15 miles per hour can produce a concussion. An older driver or a driver with pre-existing spinal conditions may suffer injuries in a minor accident that would not affect a younger, healthier person. The severity of the impact does not always predict the severity of the injury.
If the other driver claims a serious injury from what appeared to be a minor accident, the claim is not automatically invalid. The medical evidence will determine whether the injury meets the threshold. Diagnostic imaging, surgical records, treatment history, and the treating physician’s opinion all contribute to that determination. The question is whether the medical evidence supports the claimed severity, not whether the accident looked minor from the outside.
What happens if you are sued
If the other driver files a lawsuit against you, your auto insurance company has a duty to defend you. Your liability insurance provides both a defense attorney and coverage for any judgment or settlement up to your policy limits. You do not hire your own lawyer for the defense — the insurance company provides one. You do not pay the judgment out of pocket unless it exceeds your policy limits.
This is why liability coverage matters. New York requires minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury. If the other driver’s injuries are serious and the damages exceed your policy limits, you could be personally responsible for the difference. Carrying higher liability limits — $100,000/$300,000 or more — provides substantially better protection.
Property damage claims do not require serious injury
The serious injury threshold applies only to claims for pain and suffering and other non-economic damages. It does not apply to property damage. The other driver can file a claim against your liability insurance for the cost of repairing or replacing their vehicle regardless of whether anyone was injured. Property damage claims from minor accidents are routine and are handled through the insurance system without the serious injury threshold.
What you should do after a minor accident
Report the accident to your insurance company promptly. New York requires a written accident report to the DMV within 10 days if anyone is injured, killed, or if property damage exceeds $1,000. Exchange insurance information with the other driver. Do not admit fault at the scene — fault is a legal determination, not something settled in a conversation on the side of the road.
If you are injured, seek medical attention and file for PIP benefits through your own insurance. Your PIP claim is independent of fault. If the other driver was at fault and your injuries meet the serious injury threshold, you may have a claim against the other driver for damages beyond what PIP covers.
How Schwartzapfel Holbrook handles car accident claims
At Schwartzapfel Holbrook, we evaluate car accident cases from both sides of this question — for clients who were injured and need to pursue a claim, and for the legal framework that determines whether a claim meets the serious injury threshold. We work within New York’s no-fault system to ensure our clients receive their PIP benefits promptly and, when the injuries warrant it, pursue the full damages available through a personal injury lawsuit.
Schwartzapfel Holbrook / Fighting For You