What's happening
This bill expands the definition of "serious injury" in insurance law and makes qualification as a question of fact for juries.
Why it matters
Broadens the definition of "serious injury". to include partial or complete tears/impingements of nerves, tendons, ligaments, muscles, or cartilage; spinal and disc injuries; any injury requiring surgery; and permanent or significant functional limitations, making it easier for claimants to meet the threshold for suing in auto accident cases.
Empowers juries (not judges) to decide if an injury qualifies as "serious injury,". shifting the determination from a legal question often resolved by summary judgment to a factual question for jurors, likely increasing the number of cases that go to trial.
May lead to greater insurance payouts and higher premiums,. as more injuries will qualify as “serious,” exposing insurers to more litigation and potential damages awards, which could impact costs for policyholders.
Applies retroactively to cases already in progress. (unless trial/dispositive motions have started), potentially altering outcomes in pending lawsuits and increasing uncertainty for both plaintiffs and defendants.
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Who cares
Headline styles
Expand Serious Injury Definition
Plain English, a few words. Used as the page title.
Sponsors
20 Co-sponsors
History
- Referred to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Broaden Serious Injury Definition
In Senate Committee · Insurance · Sponsor John J. Bonacic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7036
2017-2018 Regular Sessions
IN ASSEMBLY
March 29, 2017
Introduced by M. of A. TITONE, LAVINE, ORTIZ, ROSENTHAL, BENEDETTO, RIVERA, WEPRIN, CYMBROWITZ, PEOPLES-STOKES, PAULIN, DINOWITZ, AUBRY, O'DONNELL, COLTON, ZEBROWSKI, MOYA, CAHILL, SIMOTAS, BRAUNSTEIN, WALK- ER, CASTORINA, SEPULVEDA -- Multi-Sponsored by -- M. of A. ABINANTI, ARROYO, CRESPO, CROUCH, ENGLEBRIGHT, FINCH, GALEF, GLICK, HAWLEY, HOOPER, JAFFEE, McKEVITT, MONTESANO, PERRY, PRETLOW, RA, RAIA -- read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to the definition of serious injury and determining the sufficiency of the evidence with respect thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subsection (d) of section 5102 of the insurance law, as amended by chapter 955 of the laws of 1984, is amended to read as follows:
(d) "Serious injury" means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; a partial or complete tear or impingement of a nerve, tendon, ligament, muscle or cartilage; injury to any part of the spinal column that results in injury to an intervertebral disc; impingement of the spinal cord, spinal canal, nerve, tendon or muscle; loss of a fetus; permanent total or partial loss of use of a body organ, member, function or system; any injury resulting in the need for a surgical procedure; any permanent consequential limitation of use of a body organ [or], member, function or system; any significant limitation of use of a body organ, member, function or system; or [a] any medically determined injury or impairment of a permanent or non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment. A finding of serious injury
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05121-01-7
A. 7036 2
under any of the above enumerated categories in this definition shall be a sufficient basis for an award for past and/or future damages.
§ 2. The insurance law is amended by adding a new section 5102-a to read as follows:
§ 5102-a. Issues of fact and sufficiency of the evidence. Whether an injury qualifies as a serious injury pursuant to subsection (d) of section five thousand one hundred two of this article shall be a question of fact. Where evidence is offered as to (a) whether an injury qualifies as a serious injury pursuant to subsection (d) of section five thousand one hundred two of this article, or (b) the causation of such an injury, the sufficiency and weight of evidence offered, including but not limited to that pertaining to qualitative and/or quantitative assessment of injury, shall be reserved for the trier of fact.
§ 3. This act shall take effect immediately and shall be applicable to: (i) all actions and proceedings commenced on or after the effective date of this act; and (ii) all actions and proceedings commenced prior to the effective date of this act and pending on the effective date of this act, where as of such date a trial of the issues thereon has not yet commenced and a dispositive motion has not yet been filed.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.