New York has recently changed important parts of the law that apply to motor vehicle accident injury claims. These changes may affect whether an injured person can recover money for pain and suffering after a car accident, especially in cases involving disputed fault or injuries that do not clearly fall into one of New York’s remaining “serious injury” categories.
The change comes from New York Assembly Bill A10008-C, enacted as part of the 2026–2027 state budget. The bill was signed into law on May 26, 2026, as Chapter 58. The part most relevant to car accident injury claims is Part EE, which amends New York’s Insurance Law and CPLR rules governing motor vehicle accident liability.
What is the biggest change in New York’s new car accident law?
The biggest change is that New York removed the “90/180-day” serious injury category from the statute. For many years, New York’s No-Fault law allowed an injured person to bring a pain-and-suffering claim if they suffered a “serious injury,” and one way to meet that standard was to show that a medically determined injury prevented the person from performing substantially all of their usual daily activities for at least 90 of the first 180 days after the accident.
That category has now been removed.
This is a significant change. In the past, someone who had a serious but non-permanent injury could sometimes qualify for a pain-and-suffering claim by proving that the injury substantially disrupted their normal life for the required period of time. Under the new law, that route is no longer available.
The remaining serious injury categories include injuries such as death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, or significant limitation of use of a body function or system.
What does this change mean for injured people?
For injured people, this change makes medical documentation even more important. After a crash, it is not enough to simply say that you were in pain or that your life was disrupted, because your claim may depend on whether your medical records, imaging studies, examination findings, and treatment history can establish that your injury falls within one of the remaining statutory categories.
For example, cases involving fractures, objective diagnostic findings, permanent limitations, or significant functional limitations may still satisfy the serious injury threshold. But cases that previously relied mainly on the 90/180-day category may now face a more difficult path. An experienced car accident attorney can help evaluate whether your injuries meet one of the remaining statutory categories.
Does fault matter more under the new law?
Yes, fault now matters even more, because the new law changes how fault affects recovery in certain motor vehicle injury cases. New York has long followed a comparative fault rule, meaning that an injured person’s recovery could be reduced by their percentage of fault.
Under the new amendment to CPLR 1411, however, in personal injury actions subject to Article 51 of the Insurance Law, a claimant is barred from recovery if the claimant’s culpable conduct is greater than the culpable conduct of the person or people they are suing.
In practical terms, this means that in a typical two-driver car accident case, if the injured person is found to be more at fault than the other driver, they may be barred from recovery.
This makes the liability investigation especially important. Police reports, witness statements, photographs, video footage, vehicle damage, accident reconstruction, and prompt preservation of evidence may all play a larger role in determining whether a claim can proceed. This is especially true in complex cases such as truck accident claims, where multiple parties and federal regulations may be involved.
Does the jury decide fault or serious injury first?
Under the new law, the jury must decide fault before it decides whether there was a serious injury. The law changes the trial structure in cases seeking non-economic damages, such as pain and suffering, and the statute now provides that the trier of fact may not determine whether the plaintiff suffered a serious injury until after determining the party or parties at fault.
That means fault comes first. Only after the factfinder determines who was responsible for the accident does it reach the question of whether the injury meets New York’s serious injury threshold.
Is there a $100,000 limit on damages in certain cases?
Yes, the new law creates a $100,000 limit on non-economic damages in certain circumstances. Except in death cases, pain-and-suffering recovery is limited to $100,000 where the injured person was at fault, is not otherwise barred from recovery, and was operating an uninsured vehicle they were responsible for insuring, operating while impaired and convicted, or operating a vehicle during the commission of a felony or immediate flight from a felony and convicted.
This does not apply to every case. But where it does apply, it can substantially limit the amount recoverable for pain and suffering.
When does the new law apply?
Part EE took effect immediately and applies to actions and proceedings commenced on or after its effective date. Because the bill was signed on May 26, 2026, the key question may be when the lawsuit or proceeding was commenced, not only when the accident occurred.
Anyone with a motor vehicle accident claim should speak with an attorney about how the timing of the accident, the filing date, the injury proof, and the fault evidence may affect the case.
What should accident victims do now?
If you were injured in a car accident in New York, you should get prompt medical care, preserve all evidence, and speak with an attorney as early as possible, because the most important steps remain the same but are now even more critical.
Get medical attention promptly. Follow through with recommended treatment. Tell your doctors about all symptoms and limitations. Preserve photographs, videos, witness information, and insurance documents. Avoid giving recorded statements without legal advice. And speak with an attorney as early as possible so that evidence can be preserved and the claim can be evaluated under the current law.
What is the bottom line for injured drivers?
The bottom line is that New York’s new motor vehicle accident law may make some injury claims harder to prove, especially where the case previously would have depended on the 90/180-day serious injury category or where fault is disputed.
For injured people, the practical message is simple: the details matter. The medical proof matters. The liability evidence matters. And early legal guidance can make a major difference.
At our firm, we evaluate each motor vehicle accident case carefully, including the nature of the injury, the available medical documentation, the facts of the crash, and how the new law may affect the client’s ability to recover compensation. To understand how these rules fit together, it also helps to review how no-fault insurance works in New York State car accidents.
Injured in a New York car accident? Talk to us before the new law affects your claim.
The recent changes to New York’s motor vehicle accident law make early legal guidance more important than ever. At Jeffrey Weiskopf, P.C., we can review your accident, your injuries, and your evidence to help you understand your options under the current law. Learn more about no-fault insurance in New York, or contact our office today for a free, no-obligation consultation.
