If you were injured in a New York car accident, the rules governing personal injury claims may have changed significantly. Effective May 26, 2026, New York enacted major reforms to its motor vehicle liability laws that affect when an injured person can pursue pain and suffering damages and how fault is evaluated in certain accident cases.

These changes could affect many future personal injury claims. Understanding the new law can help injured individuals know what may be required after a crash and why obtaining prompt legal representation is more important than ever.

What Changed Under New York’s New Auto Injury Law?

The legislation introduced several notable changes to New York’s automobile liability laws. According to the legislative summary, the reforms include:

  • Elimination of the 90/180 day serious injury category under New York Insurance Law Section 5102(d)
  • A limited $100,000 cap on pain and suffering damages for certain at fault plaintiffs in specific circumstances
  • A modified comparative negligence rule for motor vehicle personal injury cases
  • Clarification regarding when liability is established for purposes of calculating statutory interest

These provisions apply to actions and proceedings commenced on or after May 26, 2026.

The 90/180 Day Serious Injury Category Has Been Eliminated

One of the most significant changes is the elimination of the “90 out of 180 days” serious injury category.

Under prior law, an injured person could potentially satisfy New York’s serious injury threshold by showing that a medically determined injury prevented them from performing substantially all of their usual daily activities for at least 90 of the first 180 days following the accident.

The new legislation removes this category from the definition of a serious injury. As a result, individuals seeking non-economic damages such as pain and suffering must now establish eligibility under one of the remaining serious injury categories recognized under New York law.

Because this threshold plays an important role in motor vehicle litigation, the removal of the 90/180 category may change how certain claims are evaluated and supported with medical evidence.

Modified Comparative Negligence for Auto Accident Cases

The law also changes how fault may affect recovery in motor vehicle personal injury lawsuits.

Previously, New York generally followed a pure comparative negligence system, allowing an injured person to recover damages even if they were primarily responsible for an accident, although the recovery would be reduced by their percentage of fault.

The new legislation creates an exception for motor vehicle cases by adopting a modified comparative negligence rule. Under the new statutory language, a claimant’s own culpable conduct may completely bar recovery if it exceeds the culpable conduct of the defendant or the combined culpable conduct of all defendants.

How courts will apply this provision in more complex, multi vehicle accidents will likely continue to develop as new cases are decided.

New Limits for Certain At Fault Plaintiffs

Another provision establishes a limited cap on non-economic damages for certain plaintiffs whose own conduct contributed to the circumstances surrounding the collision.

According to the legislative summary, the $100,000 cap on pain and suffering damages may apply in limited situations involving:

  • Operating an uninsured vehicle when the driver was responsible for maintaining insurance, subject to certain exceptions.
  • Operating a vehicle while impaired and later convicted of that offense.
  • Operating a vehicle during the commission of a felony or immediate flight from one, followed by a felony conviction.

The legislation specifies that this limitation applies only to non-economic damages and does not apply to wrongful death actions.

Why These Changes Matter

New York’s no fault insurance system has long involved complex rules governing when an injured person may pursue compensation beyond basic economic losses. These recent legislative changes add another layer of complexity to automobile accident litigation.

For individuals injured after May 26, 2026, the applicable legal standards may differ substantially from those that applied to earlier accidents. Questions involving serious injury, comparative fault, and recoverable damages may require careful evaluation based on the facts of each case.

As courts begin interpreting these new provisions, additional guidance is expected regarding how the revised statutes will be applied in practice.

Injured in a New York Car Accident?

If you have been injured in a motor vehicle accident, understanding how New York’s updated laws may affect your claim is an important first step. The attorneys at Restivo & Murphy LLP help individuals navigate complex personal injury claims and stay current with changes in New York law.

If you have questions about your situation, contact the firm online or call (516) 212-0476 to discuss your case.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.