Here’s What You Need to Know.
In late May 2026, Governor Kathy Hochul signed a new state budget that quietly made some of the biggest changes to New York’s car accident laws in fifty years. These changes are already in effect, and they apply to lawsuits filed from May 27, 2026, forward. The changes do not affect cases that are already in suit.
If you or a loved one is hurt in a crash, these new rules could decide whether you can recover anything at all. Our firm has studied the new law closely so we can best protect our clients under the new rules. Here is what changed, in plain English.
Change #1: It Is Now Harder to Qualify for Pain and Suffering Damages
New York is a “no-fault” state. That means your own auto insurance pays your initial medical bills and lost wages after a crash, no matter who caused it. But to sue the at-fault driver for pain and suffering, you must first prove you suffered a “serious injury” as defined by state law.
For decades, there were nine categories of serious injury. The new law erased one of the most important ones: the “90/180-day” category. Under the old rule, if your injuries kept you from your normal daily activities (work, school, caring for your family) for at least 90 of the first 180 days after the crash, you could bring a claim for pain and suffering even if your injuries were not permanent.
That door is now closed. Today, an injured person must fit into one of the remaining categories, such as a fracture, significant disfigurement, or a permanent or significant limitation of a body part or system.
Why this matters to you: Many real, painful injuries do not involve a broken bone. Torn ligaments, herniated discs, concussions, and rotator cuff tears can put your life on hold for months. Under the new law, proving these injuries qualify takes strong, objective medical evidence: imaging studies, measured range-of-motion testing, and detailed doctor’s reports, all gathered early and documented carefully. This is exactly the kind of case that demands an experienced attorney guiding your claim from the start.
Change #2: If You Are Found Mostly at Fault, You Recover Nothing
This may be the most dramatic change of all.
New York used to follow a “pure comparative fault” rule. Even if you were partly to blame for a crash, you could still recover something. If a jury found you 60% at fault and awarded $100,000, you would still receive $40,000.
Not anymore. Under the new law, if you are found more at fault than the driver (or drivers) you are suing, you recover nothing. Zero. A person found 49% at fault can still recover. A person found 51% at fault gets nothing at all.
On top of that, the new law requires juries to decide fault first, before they even consider your injuries. The fight over who caused the crash is now the fight that decides everything.
Why this matters to you: Insurance companies know that pushing just a few percentage points of blame onto you can now wipe out your entire case. Expect them to fight harder than ever over fault, using accident reconstruction experts, vehicle data, and recorded statements taken before you ever speak to a lawyer.
Change #3: A $100,000 Cap for Certain Drivers
The new law also limits pain and suffering damages to $100,000 for drivers who, at the time of the crash:
- Were driving a vehicle they were responsible for insuring but failed to insure (unless the coverage lapse lasted fewer than 30 days);
- Were driving while impaired and are later convicted of that offense; or
- Were committing a felony (or fleeing one) and are later convicted.
This cap does not apply to wrongful death cases. But notice something important: even an innocent mistake, like a missed insurance payment that lapses for more than 30 days, can slash your recovery, no matter how badly you were hurt or how reckless the other driver was.
Why Calling a Lawyer Early Is Now More Important Than Ever
Under the old law, the strength of a case often came down to the medical evidence. Under the new law, everything turns on fault — and fault is proven with evidence that disappears fast.
Skid marks fade. Vehicles get repaired or scrapped, taking important evidence with them. Traffic and security camera footage is often erased within days or weeks. Witnesses move, forget, or become difficult or impossible to find.
Because a jury must now decide fault first, and because being found mostly at fault means recovering nothing, early investigation is critical. An experienced motor vehicle accident attorney can act immediately to:
- Send preservation letters so vehicles, crash data, and video footage are not destroyed;
- Photograph the scene and document road conditions before they change;
- Locate and interview witnesses while memories are fresh;
- Help you to ensure the injuries you are treating for are fully and properly documented under the new, stricter serious injury rules; and
- Speak with the insurance companies for those at fault so you do not say something that can hurt your claim.
An important warning: After a crash, you may get a friendly phone call from an adjuster or investigator for the other driver’s insurance company. They may ask for a recorded statement, authorizations or even your medical records. They may say it will “help process your claim.” Do not speak with them before consulting an attorney. You have no legal duty to give them a statement, and they are not there to help you. They work for the other driver and their job is to gather information that can be used against you. Under the new law, even an innocent comment about how the crash happened can be twisted into “fault” that bars your entire recovery.
The insurance company’s investigators are working for them from day one. You should have someone working for you, too.
What if I Was Hit as a Pedestrian or While Riding a Bicycle?
Yes, these new rules apply to you, too.
Many people are surprised to learn that New York’s no-fault system covers pedestrians and bicyclists who are struck by motor vehicles. If a car hits you while you are walking or riding your bike, the driver’s no-fault coverage pays your initial medical bills and lost wages. But it also means you must satisfy the “serious injury” threshold to sue for pain and suffering, and the new fault rules apply to your case as well.
That second part deserves attention. Drivers and their insurers often blame pedestrians and cyclists: “He darted out.” “She wasn’t in the crosswalk.” “He didn’t have lights on his bike.” “She was wearing dark clothing”. Under the old law, that blame only reduced your recovery. Under the new law, if the insurance company convinces a jury you were mostly at fault, it can eliminate your recovery completely. Prompt investigation of crosswalk signals, sight lines, camera footage, and witness accounts can make all the difference.
What About Motorcycles?
The changes to the no-fault law does not apply to motorcycles because motorcycle operators and their passengers are excluded from the no-fault insurance system. Motorcycles are treated very differently. If you are injured riding a motorcycle, your motorcycle insurance does not automatically pay your medical bills and lost wages the way no-fault coverage does for a car occupant.
There has always been a key trade trade-off: because motorcyclists are outside the no-fault system, they have never had to prove a “serious injury” to sue for pain and suffering. That remains true today. However, they do not enjoy no-fault benefits that pay for medical bills and lost wages regardless of fault.
Because riders have no safety net for medical bills and lost wages, carrying the right insurance before a crash is especially important.
How to Protect Yourself Before an Accident Ever Happens
The new law makes one thing clear: the insurance choices you make today can determine what happens to you and your family after a crash. Many people buy the cheapest policy and never look at it again until renewal time. We urge you to spend a few minutes reviewing yours. Here is what we recommend discussing with your insurance agent:
Never let your coverage lapse. Under the new law, a coverage lapse of 30 days or more can cap your own recovery at $100,000, even when the other driver was entirely to blame. Set up automatic payments and confirm renewal each term.
Add APIP (Additional Personal Injury Protection). Basic no-fault coverage pays up to $50,000 for medical bills and lost wages. A serious injury that requires surgery, hospital care, and months away from work can quickly exhaust that amount. APIP raises that ceiling, often to $100,000 or more, for a surprisingly small premium.
Add OBEL (Optional Basic Economic Loss). OBEL adds another $25,000 you can direct where you need it most, such as lost earnings after your basic benefits run out. It typically costs only a few dollars a year.
Increase your SUM coverage (Supplementary Uninsured/Underinsured Motorist). This may be the most important coverage on your policy. If the driver who hits you has no insurance or only the state-minimum $25,000 policy, SUM coverage steps in to protect you. We recommend carrying SUM limits equal to your liability limits, and raising both well above the state minimums.
Consider an umbrella policy. For a modest cost, an umbrella policy adds an extra layer of protection above your auto and home policies. Umbrella policies typically come in increments of $1 million, $3 million, and $5 million, and the premiums are often far lower than people expect.
These coverages exist because you cannot control who hits you. Under the new law, with fewer paths to recovery against at-fault drivers, the coverage you buy for yourself matters more than it ever has.
Injured in a Crash? Don’t Wait. The New Law Punishes Delay.
New York’s new accident laws are complicated, untested, and unforgiving. The insurance companies have already retrained their adjusters to take advantage of them. You deserve someone in your corner who understands the new rules just as well and who will start protecting your case immediately.
If you or someone you love has been injured in a motor vehicle accident, whether as a driver, passenger, pedestrian, bicyclist, or motorcyclist, contact the personal injury attorneys at Lacy Katzen LLP today for a free consultation. We have been helping the seriously injured for more than 75 years. We will review your case, explain your rights, and begin the early investigation that is so critical under the new rules. You pay nothing unless we recover for you.
Call 585-454-5650 or contact us online. Time matters more than ever under New York’s new law.
This article is for general informational purposes and is not legal advice. Every case is different, and the new law will continue to be interpreted by New York courts.
