# Serious injury threshold

> In some no-fault states, you can sue for pain and suffering only if your injury is legally serious or your medical bills pass a set level. How it works.

Canonical page: https://accidentclaimfacts.com/glossary/serious-injury-threshold/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A serious injury threshold (also called a tort threshold) is a rule in some no-fault states. Your own personal injury protection pays medical bills and lost pay regardless of fault, but you can sue the at-fault driver for pain and suffering only if your injury passes the threshold.

## In a car accident claim

There are two kinds. A **verbal threshold** describes the injury in words; the Insurance Information Institute lists Florida, Michigan, New Jersey, New York and Pennsylvania as verbal-threshold states. A **monetary threshold** is a level of medical bills; it lists Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah.

The wording decides real cases. New York's list includes injuries such as death, dismemberment, significant disfigurement, a fracture, or a permanent or significant limitation of use of a body organ, member, function or system. Florida's covers significant and permanent loss of an important bodily function, a permanent injury (other than scarring or disfigurement), significant and permanent scarring or disfigurement, or death. In Kansas, the monetary threshold is $2,000 in medical treatment, unless a listed serious injury applies.

Whether an injury passes is often disputed, and medical records carry the argument. The guides to [pain and suffering](https://accidentclaimfacts.com/money/pain-and-suffering/) and [car accident claims](https://accidentclaimfacts.com/accidents/car-accidents/) explain how the threshold fits into the wider claim, and the [New York City guide](https://accidentclaimfacts.com/location/new-york-city/) shows one state's rules in practice.

## Example

> **Example:** Two people are hurt in the same crash in New York. One has a neck sprain that heals in a few weeks; their own no-fault coverage pays the medical bills and part of their lost pay, but the injury does not meet the serious injury definition, so they generally cannot sue the other driver for pain and suffering. The other has a broken wrist. A fracture is on New York's list, so that claim can go forward.

## Related terms

- [Personal injury protection](https://accidentclaimfacts.com/glossary/personal-injury-protection/)
- [Noneconomic damages](https://accidentclaimfacts.com/glossary/noneconomic-damages/)
- [Soft-tissue injury](https://accidentclaimfacts.com/glossary/soft-tissue-injury/)

## FAQ

### Can you choose not to have a threshold?

In a few states, yes. In Kentucky, New Jersey and Pennsylvania, drivers can choose when they buy their policy whether to keep the no-fault limit on lawsuits. The choice is made on the policy, before any crash.

### What if your state is not a no-fault state?

Then there is usually no serious injury threshold. In at-fault states, a claim for pain and suffering against the at-fault driver is not limited by how serious the injury is, though you still have to prove it.

## Sources

- [Insurance Information Institute, Background on: No-fault auto insurance](https://www.iii.org/article/background-on-no-fault-auto-insurance) — verbal and monetary thresholds
- [New York State Senate, Insurance Law § 5102(d) and § 5104(a)](https://www.nysenate.gov/legislation/laws/ISC/5102), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 627.737(2)](https://www.flsenate.gov/Laws/Statutes/2026/627.737), checked October 29, 2026
- [Kansas Office of Revisor of Statutes, K.S.A. 40-3117](https://www.ksrevisor.gov/statutes/chapters/ch40/040_031_0017.html), checked October 29, 2026