Courts and appeals
The Serious Injury Threshold on Appeal
In New York, a car accident claim for pain and suffering can be thrown out if the injury isn't "serious" as defined by Insurance Law § 5102(d). Here is how often that happens on appeal.
Updated October 8, 2026
Key findings
- Across 286 appeal rulings from 2016 to 2026, the court dismissed the injured person's claim, in whole or in part, for not meeting the serious injury threshold in 33% of rulings.
- Where the appeal is heard matters: claims were dismissed in whole or in part in 58% of First Department rulings (Manhattan and the Bronx; 74 rulings) but in 24% of Second Department rulings (Brooklyn, Queens, Staten Island, Long Island and the lower Hudson Valley; 205 rulings).
- By year, the rate ranged from 18% in 2025 to 48% in 2021, counting years with at least 10 rulings.
The data
33%
of appeal rulings dismissed the claim, in whole or in part, for not meeting the serious injury threshold
286
appeal rulings in our records
58%
in the First Department (Manhattan and the Bronx)
24%
in the Second Department (Brooklyn, Queens, Staten Island, Long Island and the lower Hudson Valley)
By appeals court
| Appellate Division | Rulings | Claim dismissed (in whole or part) |
|---|---|---|
| First Department (Manhattan and the Bronx) | 74 | 58% |
| Fourth Department (Western and Central New York) | 2 | Not enough rulings |
| Second Department (Brooklyn, Queens, Staten Island, Long Island and the lower Hudson Valley) | 205 | 24% |
| Third Department (Capital Region, North Country, Southern Tier and Catskills) | 5 | Not enough rulings |
By year
| Year | Rulings | Claim dismissed (in whole or part) |
|---|---|---|
| 2018 | 33 | 18% |
| 2019 | 51 | 39% |
| 2020 | 39 | 46% |
| 2021 | 25 | 48% |
| 2022 | 36 | 33% |
| 2023 | 34 | 21% |
| 2024 | 27 | 19% |
| 2025 | 17 | 18% |
| 2026 | 22 | 45% |
What these figures can and can't tell you
- Appellate Division decisions since 2013 in which a firm listed on SettleScore was counsel; not every appellate decision on these motions.
- Appealed motions only: trial-court rulings that were not appealed are not in public decisions.
- No firm is named.
Every figure on this page comes from the records; nothing is estimated. Groups with fewer than 10 records show no figures. How we collect records