Key Takeaway
Court ruling establishes that a 20% deficit in cervical spine flexion constitutes a serious injury under New York's no-fault insurance threshold requirements.
Understanding New York’s Serious Injury Threshold in Personal Injury Cases
In New York’s no-fault insurance system, accident victims must demonstrate they sustained a “serious injury” to pursue a lawsuit against the at-fault driver for pain and suffering damages. This threshold requirement, codified under Insurance Law § 5102(d), often becomes the battleground where cases are won or lost. The definition of serious injury includes various categories, but proving you meet the threshold can be challenging without proper medical documentation.
One crucial category within the serious injury threshold involves demonstrating a significant limitation of use of a body function or system. Medical professionals typically measure this through range of motion testing, comparing a patient’s current mobility to normal standards. Personal injury attorneys frequently rely on these objective measurements to establish their clients meet the statutory requirements.
The question of what percentage of limitation constitutes “significant” has been litigated extensively. While some defendants argue that only substantial deficits qualify, courts have recognized that even seemingly modest percentage losses can represent serious impairments, particularly when they affect daily activities and quality of life.
Jason Tenenbaum’s Analysis:
Kholdarov v Hyman, 2018 NY Slip Op 07111 (2d Dept. 2018)
“In opposition, the plaintiff submitted the affirmed report of a neurologist who examined the plaintiff on March 16, 2016. The neurologist measured the range of motion of the cervical region of the plaintiff’s spine and compared his results to what would be considered normal range of motion. The neurologist found a 20 percent deficit in the flexion of the plaintiff’s cervical spine, but otherwise found the results to be normal”
Key Takeaway
This case demonstrates that a 20% deficit in cervical spine flexion can satisfy New York’s serious injury threshold. The court’s acceptance of this relatively modest percentage deficit reinforces that plaintiffs don’t need catastrophic limitations to meet the statutory requirements. Objective medical evidence showing measurable deficits in range of motion remains crucial for overcoming summary judgment motions, as hospital records and medical documentation can make or break a case.
Legal Update (February 2026): Since this post’s 2018 publication, New York courts have continued to develop jurisprudence regarding serious injury thresholds under Insurance Law § 5102(d), particularly concerning what percentage limitations constitute “significant” impairment. Practitioners should verify current case law interpretations and any potential legislative or regulatory modifications to the serious injury threshold requirements that may have occurred in the intervening years.
