The 90/180 Day Rule for Serious Injuries in Car Accident Claims
When pursuing a car accident claim in New York, understanding the legal definitions and requirements for serious injuries is crucial. Among these is the “90/180-day rule,” a critical component in determining whether an injury qualifies as “serious” under New York’s No-Fault Insurance Law. At Rusk, Wadlin, Heppner & Martuscello, LLP, our experienced personal injury attorneys help car accident victims navigate these complex legal standards to ensure they receive the compensation they deserve. If you or a family member has been hurt in an auto accident in the Hudson Valley, contact our office to speak with an experienced and successful Kingston car accident lawyer.
What Is the 90/180 Day Rule?
The 90/180-day rule is part of New York’s definition of “serious injury” under Insurance Law § 5102(d). For an injury to meet the serious injury threshold, which allows a car accident victim to file a lawsuit for pain and suffering and other damages, it must meet one of several specific criteria. One of these criteria is the 90/180-day rule.
This rule applies when an individual is “medically determined” to have been unable to perform their usual and customary daily activities for at least 90 days during the 180 days immediately following the accident. In other words, if your injury has significantly limited your daily activities for three months out of the six months after the accident, your injury may be considered serious under New York law.
The Purpose of the 90/180 Day Rule
The purpose of the 90/180-day rule is to provide a clear standard for what constitutes a serious injury in cases where the physical damage might not be immediately or permanently disabling. It recognizes that some injuries, while not catastrophic, can still have a profound and long-lasting impact on a person’s life, particularly if they prevent the individual from engaging in normal activities such as working, caring for family, or even performing basic self-care.
Proving a Serious Injury Under the 90/180 Day Rule
Proving that your injury meets the 90/180-day rule can be challenging. Insurance companies often scrutinize claims to minimize payouts, making it essential to have thorough documentation and strong legal representation. To successfully prove that your injury qualifies under this rule, you will need:
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Medical Documentation: Detailed medical records are crucial. These should include reports from your treating physician, physical therapist, or other medical professionals who can attest to the severity of your injuries and how they have limited your daily activities.
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Testimony from Employers or Caregivers: Statements from your employer or others who can corroborate the extent of your inability to perform your usual activities can be highly persuasive. For example, if your injury has prevented you from returning to work or required you to take on a less demanding role, this evidence can support your claim.
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Consistency in Treatment: Consistently following your doctor’s recommended treatment plan is vital. If there are gaps in your medical treatment or a lack of ongoing care, it can weaken your claim that the injury has seriously impacted your life.
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Daily Activity Logs: Keeping a journal or log of how your injury has affected your daily life can be an effective way to demonstrate the extent of your limitations. This can include details about your pain levels, mobility issues, inability to perform household chores, or restrictions on recreational activities.
Challenges in 90/180-Day Rule Claims
Insurance companies often challenge claims based on the 90/180-day rule by arguing that the injuries were not severe enough to meet the threshold or that the claimant could still perform their daily activities with minor modifications. They may also argue that any limitations were due to factors unrelated to the accident, such as pre-existing conditions. This is why it’s essential to work with an experienced personal injury attorney who can effectively counter these arguments and present a compelling case on your behalf.
Why Choose Rusk, Wadlin, Heppner & Martuscello, LLP?
At Rusk, Wadlin, Heppner & Martuscello, LLP, we understand the intricacies of New York’s personal injury laws and how to navigate the 90/180-day rule to maximize your compensation. Our attorneys have extensive experience representing car accident victims in Ulster County and the Hudson Valley, and we are dedicated to ensuring that our clients receive the full and fair compensation they deserve.
If you or a loved one has been injured in a car accident, don’t navigate the complexities of New York’s No-Fault Insurance Law alone. Contact our firm today for a free consultation, and let us help you understand your rights and options under the law. Call 845-331-4100 in Kingston or 845-236-4411 for our Marlboro office. You can also reach us toll-free throughout the Hudson Valley at 800-566-4101, or contact us online.
