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A 90/180-day claim typically refers to a type of claim under New York’s No-Fault Insurance Law (Insurance Law § 5102(d)). It involves an assertion by a plaintiff that they suffered a qualifying injury that impaired their ability to perform substantially all of their daily activities for at least 90 out of the 180 days following a motor vehicle accident. This claim is significant because it can affect the determination of whether a plaintiff meets the threshold for “serious injury” under New York law, which is required to bring a lawsuit for damages beyond basic no-fault benefits.
In the case of Massillon v. Regalado, the Supreme Court of Bronx County considered issues related to the 90/180-claim rule as well as whether the plaintiff suffered a serious injury as defined by insurance law.
Background Facts