Which statement best describes recovery for non-economic loss (pain and suffering) in an action between covered persons?

• A. Yes, non-economic loss is recoverable in all cases.
• B. No, there is no right to recover non-economic loss except when the injury is serious or basic economic loss is involved.
• C. Yes, non-economic loss is recoverable whenever there is a basic economic loss claim.
• D. No, non-economic loss is never recoverable under any circumstances.

Answer: (B)

Non-economic damages (pain and suffering) in actions between covered persons are not automatic under New York law. The ability to recover hinges on a threshold: you only get noneconomic damages if the injury qualifies as a “serious injury” under Insurance Law §5102(d), or if there’s basic economic loss involved that affects the claim. This reflects the no-fault framework, which provides prompt economic benefits regardless of fault, while limiting noneconomic damages to more significant injuries or particular economic-loss scenarios.

So, non-economic loss isn’t recoverable simply because there was harm; it becomes recoverable only when the injury meets the serious-injury standard, or when basic economic loss is involved. The alternatives—unlimited noneconomic recovery, recovery whenever basic economic loss exists, or never recoverable—do not align with this threshold approach.