What is the test for substantial pain in a motor vehicle accident?

While "slight or trivial pain" is insufficient to meet the "substantial pain" threshold, the "[p]ain need not, however, be severe or intense to be substantial." People v. Chiddick, 8 N.Y.3d 445, 447 (2007). "Each case ultimately turns upon the facts unique thereto, with a variety of relevant factors, including, among others, the injury viewed objectively, the victim's subjective

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description of the injury and her pain, and whether the victim sought medical treatment." People v. Rivera, 42 A.D.3d 587, 588 (3d Dep't 2007). Perhaps the most important factual aspect to support a finding of substantial pain is the injury the defendant inflicted, viewed objectively. Chiddick, 8 N.Y.3d at 447.