Queens Personal Injury Attorney Keetick L. Sanchez Explains the 90/180-Day Rule Under New York's No-Fault Insurance Law

Image: http://www.abnewswire.com/pressreleases/wp-content/uploads/2026/07/2026
JACKSON HEIGHTS, NY - Accident victims in New York who sustain injuries that disrupt their daily lives for an extended period may be eligible to pursue pain and suffering damages under a specific threshold in the state's no-fault insurance law. Queens personal injury attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/blog/90-180-day-rule/) explains how the 90/180-day rule under New York Insurance Law section 5102(d) works and what medical documentation accident victims need to protect their claims.

According to Queens personal injury attorney Keetick L. Sanchez, the 90/180-day rule is one of several "serious injury" categories that allow accident victims to seek non-economic damages, including compensation for pain and suffering, after a motor vehicle accident. Under this provision, a claimant must show that a medically determined injury prevented them from performing all of their customary daily activities for at least 90 of the first 180 days following the accident. "Many accident victims don't realize that a diagnosis alone isn't enough; the records must connect the injury to specific functional limitations during that critical 180-day window," Sanchez explains.

Queens personal injury attorney Keetick L. Sanchez notes that the phrase "substantially all" is the most contested element of this threshold and has been interpreted by courts to mean that the claimant's usual activities were curtailed to a great extent, not merely reduced slightly. The New York Court of Appeals established this standard in Licari v. Elliott, 57 N.Y.2d 230 (1982), and courts have consistently required medical proof that ties the diagnosed injury to specific functional restrictions during the relevant period. Objective findings, such as quantified range-of-motion measurements and narrative physician reports describing limitations with tasks like sitting, lifting, walking, or household chores, can be particularly valuable in meeting this standard.

Attorney Sanchez advises that treatment gaps during the 180-day period are one of the most common vulnerabilities in these claims. Defense attorneys frequently argue that an unexplained break in medical care suggests the injury resolved before the 90-day threshold was reached. However, Sanchez points out that a gap does not automatically defeat a claim if it is properly explained. "Courts have recognized that treatment gaps may result from terminated no-fault benefits, financial barriers, or a physician's determination that further therapy would be only palliative," she notes. "The key is documentation. The reason for any interruption in care must appear in the record."

The firm also emphasizes that defendants may seek dismissal before trial through summary judgment motions under CPLR section 3212, arguing that the plaintiff cannot meet the serious injury threshold as a matter of law. To survive such a motion, the plaintiff must submit competent medical proof in admissible form, such as a physician's affirmation or affidavit, that raises a triable issue of fact by connecting objective medical findings to the claimed daily activity limitations. Claims that rest solely on a plaintiff's subjective pain complaints remain particularly vulnerable at this stage.

K L Sanchez Law Office, P.C. also highlights that the 90/180-day category differs from other serious injury categories under section 5102(d), such as permanent loss of use or fracture, because it focuses on function and duration rather than requiring a permanent diagnosis. A soft tissue injury, herniated disc, or torn ligament may qualify under this category when medical records clearly document how the condition prevented the claimant from performing their usual job duties, household responsibilities, childcare obligations, or other routine activities during the first 180 days after the accident. Many plaintiffs plead this category alongside other serious injury theories when the facts support more than one basis for recovery.

"Starting a daily activity journal on the day of the accident, attending every medical appointment, and telling your doctor specifically how your injuries limit your daily activities at each visit can all make a meaningful difference in the strength of a 90/180-day claim," Sanchez advises. Individuals injured in motor vehicle accidents in Queens and surrounding communities are encouraged to seek legal guidance as early as possible, particularly while records from the 180-day period can still be gathered and preserved.

For those navigating the serious injury threshold under New York's no-fault system, contacting an experienced personal injury attorney may help clarify the strength of a claim and identify the documentation needed to support it.

About K L Sanchez Law Office, P.C.:

K L Sanchez Law Office, P.C. is a Jackson Heights-based law firm dedicated to personal injury representation for accident victims throughout Queens and New York City. Led by attorney Keetick L. Sanchez, the firm assists clients with motor vehicle accident claims, serious injury threshold evaluations, and related personal injury matters, serving communities including Jackson Heights, Elmhurst, Woodside, and Corona. For consultations, call (646) 701-7990.

Embeds:

Youtube Video: https://www.youtube.com/watch?v=ZG7XByT6nNs

GMB: https://www.google.com/maps?cid=2729652254808699760

Email and website

Email: accidentlawny1@gmail.com

Website: https://accidentlawyer-queens.com/

Media Contact
Company Name: K L Sanchez Law Office, P.C.
Contact Person: Keetick Sanchez
Email: Send Email [http://www.abnewswire.com/email_contact_us.php?pr=queens-personal-injury-attorney-keetick-l-sanchez-explains-the-90180day-rule-under-new-yorks-nofault-insurance-law]
Phone: (646) 701-7990
Address:37-06 82nd St #304 Jackson Heights, NY 11372
City: Jackson Heights
State: New York
Country: United States
Website: https://accidentlawyer-queens.com/

Legal Disclaimer: Information contained on this page is provided by an independent third-party content provider. ABNewswire makes no warranties or responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you are affiliated with this article or have any complaints or copyright issues related to this article and would like it to be removed, please contact retract@swscontact.com



This release was published on openPR.