New York Consolidated Laws

N.Y. Insurance Law § 5104 (2026)

Causes of action for personal injury

✓ current as of May 2026

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§ 5104. Causes of action for personal injury. (a) Notwithstanding any
other law, in any action by or on behalf of a covered person against
another covered person for personal injuries arising out of negligence
in the use or operation of a motor vehicle in this state, there shall be
no right of recovery for non-economic loss, except in the case of a
serious injury, or for basic economic loss. The owner, operator or
occupant of a motorcycle which has in effect the financial security
required by article six or eight of the vehicle and traffic law, or
which is referred to in subdivision two of section three hundred
twenty-one of such law, shall not be subject to an action by or on
behalf of a covered person for recovery for non-economic loss, except in
the case of a serious injury, or for basic economic loss.
  (b) In any action by or on behalf of a covered person, against a non-
covered person, where damages for personal injuries arising out of the
use or operation of a motor vehicle or a motorcycle may be recovered, an
insurer which paid or is liable for first party benefits on account of
such injuries has a lien against any recovery to the extent of benefits
paid or payable by it to the covered person. No such action may be
compromised by the covered person except with the written consent of the
insurer, or with the approval of the court, or where the amount of such
settlement exceeds fifty thousand dollars. The failure of such person to
commence such action within two years after accrual gives the insurer a
cause of action for the amount of first party benefits paid or payable
against any person who may be liable to the covered person for his
personal injuries. The insurer's cause of action shall be in addition to
the cause of action of the covered person except that in any action
subsequently commenced by the covered person for such injuries, the
amount of his basic economic loss shall not be recoverable.
  (c) Where there is no right of recovery for basic economic loss, such
loss may nevertheless be pleaded and proved to the extent that it is
relevant to the proof of non-economic loss.

Notes of Decisions

Cited in 284 cases (64 in the last 5 years), 1985–2026 · leading case: Van Nostrand v. Froehlich, 44 A.D.3d 54 (N.Y. App. Div. 2007).

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Van Nostrand v. Froehlich, 44 A.D.3d 54 (N.Y. App. Div. 2007). · cites it 4× “The remedy, therefore, does not support the conclusion of our dissenting colleagues that the division of liability and damages in actions arising out of the use and operation of motor vehicles (see Insurance Law § 5104) is any different from the division of liability and damages…”

Hunter v. OOIDA Risk Retention Grp., Inc., 79 A.D.3d 1 (N.Y. App. Div. 2010). · cites it 9× “Specifically, we hold that Insurance Law § 5105 (a), by its express terms, does not provide for inter-company loss transfer under the circumstances presented here, since (a) the limitations on recovery in tort set forth in Insurance Law § 5104 are applicable only to accidents…”

Pommells v. Perez, 830 N.E.2d 278 (NY 2005). “Only in the event of “serious injury” as defined in the statute, can a person initiate suit against the car owner or driver for damages caused by the accident (Insurance Law § 5104 [a]). 1 No-Fault thus provides a compromise: prompt payment for basic economic loss to injured…”

Abbas v. Cole, 44 A.D.3d 31 (N.Y. App. Div. 2007). · cites it 4× “However, what has always been clear is that in an action arising from a motor vehicle accident, serious injury is a “threshold” issue (see Licari v Elliott, 57 NY2d 230, 237 [1982]; Star v Badillo, 225 AD2d 610 [1996]; Insurance Law § 5104). Indeed, serious injury is a…”

Ebewo v. Martinez, 309 F. Supp. 2d 600 (S.D.N.Y. 2004). · cites it 2× “See N.Y. Ins. L. §§ 5104 (a) and 5102(d). I The standard for granting summary judgment is well established.”

Fillette v. Lundberg, 2017 NY Slip Op 4180 (N.Y. App. Div. 2017). · cites it 2× “arising out of an automobile accident is limited to those instances where such individual has incurred a serious injury" ( Jones v Marshall , 147 AD3d 1279, 1283 [2017] [internal citation omitted]; see Insurance Law § 5104 [a]; Cross v Labombard , 127 AD3d 1355, 1355 [2015]).”

Raffellini v. State Farm Mut. Auto. Ins., 878 N.E.2d 583 (NY 2007). · cites it 2× “As to the latter, the No-Fault Law required that injured parties be precluded from pursuing personal injury claims unless they suffered a “serious injury” (Insurance Law § 5104 [a]). * In 1977, the Legislature amended the mandatory uninsured motorist benefits statute—Insurance…”

Dietrick v. Kemper Ins., 556 N.E.2d 1108 (NY 1990). · cites it 4× “The provision of these "first party benefits” under the No-Fault Law precludes an automobile accident victim from bringing an action in negligence to recover any damages unless the victim has suffered a "serious injury”, in which case Insurance Law § 5104 (a) allows the victim…”

Allstate Ins. v. Stein, 807 N.E.2d 268 (NY 2004). · cites it 2× “As the term “no-fault” implies, these first party benefits were payable to Walker regardless of who was at fault, and neither Walker nor her insurer could recover them from Stein (Insurance Law § 5104 [a]). As authorized by New York Insurance Department Regulations (11 NYCRR) §…”

Claim of McHenry v. State Ins. Fund, 236 A.D.2d 89 (N.Y. App. Div. 1997). · cites it 7× “Upon finding claimant entitled to further benefits for loss of the use of his left eye and permanent facial disfigurement, the WCLJ—who, though not addressing the propriety of the lien directly, had previously found that claimant’s third-party settlement did not constitute a…”

Cividanes v. City of New York, 981 N.E.2d 281 (NY 2012). · cites it 4× “The Appellate Division properly held that the No-Fault Insurance Law is inapplicable because plaintiffs injury did not arise out of the “use or operation” of a motor vehicle (Insurance Law § 5104 [a]). The “use or operation” of the bus was neither a “proximate cause” nor an…”

King v. Car Rentals, Inc., 29 A.D.3d 205 (N.Y. App. Div. 2006). · cites it 2× “New York law provides that a plaintiff who is seriously injured in an automobile accident may recover damages for noneconomic loss (see Insurance Law § 5104 [a]) and that the owner of a vehicle used or operated in New York that was the cause of the plaintiffs injuries is…”

Show all 284 citing cases →

— N.Y. Insurance Law § 5104(a) — 18 cases

Wensley v. Scott, 459 F. Supp. 2d 388 (W.D. Pa. 2006).

Yanez v. City of New York, 29 F. Supp. 2d 100 (E.D.N.Y 1998).

DiPirro v. United States, 43 F. Supp. 2d 327 (W.D.N.Y. 1999).

Williams v. Ritchie, 139 F. Supp. 2d 330 (E.D.N.Y 2001).

Hahnel v. United States, 782 F. Supp. 2d 20 (W.D.N.Y. 2011).

— N.Y. Insurance Law § 5104(b) — 2 cases

Allstate Ins. v. Mazzola, 986 F. Supp. 756 (S.D.N.Y. 1997).

Goodkin v. United States, 600 F. Supp. 1459 (E.D.N.Y 1985).

— N.Y. Insurance Law § 5104(c) — 1 case

Wensley v. Scott, 459 F. Supp. 2d 388 (W.D. Pa. 2006).

— N.Y. Insurance Law § 5104(d) — 1 case

Reilly (E.D.N.Y 2026).

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