On May 26, 2026, several key changes to existing laws affecting motor vehicle accident victims in New York took effect. These modifications drastically altered existing laws and state policies. They eliminated the 90/180-day serious injury category, established a modified comparative fault rule, and capped non-economic damages in certain car accident cases. Here is what you need to know about these New York car accident law changes and what they could mean for your personal injury claim.
New York Injury Law Changes in 2026
Recent 2026 New York tort reform resulted in sweeping changes to many laws affecting personal injury victims, particularly those who are injured in motor vehicle accidents.
The New York State Department of Financial Services sent its Insurance Circular Letter No. 3 (2026) Motor Vehicle Insurance Reforms to auto insurance providers that are authorized to write motor vehicle insurance policies in the state about recent changes to the Insurance Law, Penal Law, and Civil Practice Law and Rules (CPLR). These changes include updates to Part EE of Chapter 58 amended Insurance Law §§ 5102(d) and 5104 and CPLR § 1411 and apply to all actions and proceedings commenced on or after May 26, 2026. As such, they do not affect cases that have already been filed or accidents that occur after this date that have not resulted in litigation.
A summary of the changes and their legal effects is outlined in the chart below:
| Rule | Statute | Before May 26, 2026 | After May 26, 2026 |
| Modified comparative fault law | CPLR§1411 | Motor vehicle accident victims could seek compensation regardless of their degree of fault, but their damages were reduced proportionately by their degree of fault. | Motor vehicle accident victims can seek compensation only if their degree of fault is less than the other parties’ degree of fault. Their compensation is still reduced by their proportionate share of fault. |
| Pain and suffering damages in certain motor vehicle accidents | New York Insurance Law 5104(d) | No non-economic damages limits applied to motor vehicle accident victims. | Car accident victims who are found partially at fault are limited to $100,000 in damages for non-economic damages if they were driving an uninsured motor vehicle for more than 30 days, were driving impaired and convicted of such offense, or were operating a motor vehicle in the commission of a felony or immediate flight from such at the time of the accident (does not apply in wrongful death cases, though). |
| 90/180-day rule | New York Insurance Law 5102(d) | Accident victims who were unable to perform substantially all of the material acts that constitute a person’s customary daily activities for at least 90 days during the 180 days immediately after the accident were considered to have suffered a ”serious injury” and were able to pursue non-economic damages. | The 90/180-day rule has been removed, so only car accident victims who suffered a serious injury as defined under current law can recover compensation for non-economic damages. |
Does the New Law Apply to My Case?
The trigger in the statute is for “all actions and proceedings commenced on or after May 26, 2026.” This date applies to when these actions or proceedings “commence,” meaning when the summons and complaint are filed – not when the crash occurred, not when you filed an insurance claim, and not when your lawyer sent a demand letter. Specifically, these laws pertain to motor vehicle accidents, not to claims involving product liability, slip and fall cases, or other types of personal injury cases.
What Happened to the 90/180-Day Serious Injury Category?
In order to recover compensation for non-economic damages and step outside New York’s no-fault insurance system, a motor vehicle accident victim must be able to show that they suffered a serious injury. The former rule allowed claimants who could show that they were unable to perform substantially all of the material acts that constitute a person’s customary daily activities for at least 90 days during the 180 days immediately after the accident to be considered to have suffered a “serious injury” and eligible to recover compensation for non-economic damages. However, this characteristic no longer meets New York’s serious injury threshold.
To show that you or your loved one suffered a serious injury, you must be able to show the injury resulted in at least one of the following:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- A significant limitation of use of a body function or system
If you can’t meet this requirement, you cannot pursue compensation for non-economic damages like pain and suffering.
Can I Still Recover If I Was Partly at Fault for the Crash?
The former New York comparative negligence law allowed accident victims to recover compensation as long as someone else shared liability for the accident. This is because New York used what is called a pure comparative negligence system. This system is still intact for most personal injury cases in New York. However, motor vehicle collision cases must now be evaluated under a modified comparative negligence system.
Under the new system for relevant claims, the driver’s share of fault is evaluated. If their share of fault is less than the defendant’s degree of fault, they can still pursue compensation for their damages. However, their compensation is reduced by their degree of fault. If two or more defendants are involved, the relevant question is whether the car accident victim is less at fault than the combined fault of the defendants. If they are, the same rule applies.
However, if the car accident victim is primarily at fault for the accident, they are barred from recovering any compensation. Here is how this new rule can apply in practice for a case in which an accident victim suffered $100,000 in damages:
| Percentage of the Victim’s Fault | Financial Compensation Recoverable |
| 10% against one defendant | $90,000 |
| 50% against one defendant | $50,000 |
| 40% against one defendant who is 25% at fault and another who is 35% at fault | 60% against both defendants for economic damages and each defendant’s proportion share of non-economic damages, per New York Civil Practice Law and Rules Law § 1601 |
| 51% against one or more defendants | $0 |
Who Is Subject to the New $100,000 Pain-and-Suffering Cap?
Beyond the other restrictions imposed by the legal changes, some car accident victims may find their compensation further limited. If they are found to have contributed to the accident, motorists can be limited to $100,000 in pain and suffering damages if they were doing any of the following at the time of the auto accident:
- Driving a motor vehicle that had its insurance lapse for more than 30 days before the date of the accident
- Driving while impaired by drugs or alcohol and convicted of an offense of that nature
- Committing a felony or escaping from a felony at the time of the crash and later convicted of such felony
How Could the New Rules Affect Your Car Accident Lawsuit?
Lawmakers have made drastic changes to New York’s laws pertaining to car accident victims. Here is what this means for Buffalo accident victims:
- You could be barred from recovering any compensation for your claim if you are found more at fault than the defendants.
- You could be limited to $100,000 of pain and suffering damages if you were driving an uninsured car, were committing a felony, or were impaired by drugs or alcohol at the time of the accident.
- You may not be eligible to recover non-economic damages if you cannot meet the current definition of a serious injury under New York law.
How Does Monge & Associates Injury and Accident Attorneys Handle Claims Under the 2026 Rules?
Monge & Associates Injury and Accident Attorneys stays updated on the latest changes in the laws and how they impact our clients. We can help with your car accident claim by:
- Reviewing your commencement date to determine which rules apply
- Gathering evidence to establish you suffered serious injuries as currently defined under the law
- Proving the other driver or drivers were at fault for the accident
- Identifying any caps that apply to your case or working to avoid them
You can learn what your Buffalo personal injury case is worth when you contact Monge & Associates Injury and Accident Attorneys today.