Serious Injury Threshold
Decisions on whether an injury from a car crash meets the “serious injury” threshold of Insurance Law § 5102(d).
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Car Crash Claims Against Two Defendants Dismissed Where the Treating Doctor First Saw the Patient Three Months Later (Gomez v Uber Tech., Inc., 1st Dept 2026)
In a New York car accident case, an injured person who claims a “serious injury” needs admissible medical proof linking the injuries to the accident, and that proof must answer any defense claim that the injuries are old, degenerative conditions. Here, the First Department affirmed the dismissal of the claims against two of the defendants because the early treatment records were unsworn and uncertified, and the treating doctor first examined the plaintiff three months after the collision, so he had not seen the injuries when they were new.
Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.
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