Which injury qualifies as a serious injury that allows a tort action notwithstanding no-fault insurance?

• A. Loss of limbs
• B. Minor soreness
• C. Medical bills
• D. Disability

Answer: (A)

In New York no-fault law, you can bring a tort action for non-economic damages only if you suffer a “serious injury” as defined by the statute. A serious injury includes death, dismemberment, fractures, significant disfigurement, permanent loss of use or a significant limitation of use of a body function or organ, among other things. Loss of limbs clearly fits because it is dismemberment, which is expressly included as a serious injury. That makes it eligible for pursuing a tort claim notwithstanding no-fault insurance.

The other options don’t meet that threshold. Minor soreness is not a serious injury. Medical bills are economic damages and don’t by themselves establish a serious injury under the no-fault criteria. Disability is too vague here; unless it’s a permanent or clearly significant limitation of use, it wouldn’t automatically qualify.