Buried in the May 2026 changes to New York’s accident laws is a provision that can slash an injured person’s recovery no matter how badly they were hurt — or how reckless the other driver was. For lawsuits filed on or after May 27, 2026, pain and suffering damages are capped at $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.
The cap does not apply to wrongful death cases.
The trap hiding in the first category
Most people read that list and think it will never apply to them. But look closely at the first category: an innocent mistake — a missed payment, an autopay card that expired, a renewal notice lost in the mail — that leaves your coverage lapsed for 30 days or more can cap your own recovery at $100,000, even when the other driver was entirely to blame for the crash.
How to protect yourself today
This is the rare legal change you can defend against before anything happens. Set up automatic payments on your auto policy and confirm your renewal each term. While you have your policy out, review the coverage you buy for yourself — it matters more now that the law has narrowed the paths to recovery against at-fault drivers. Ask your agent about raising your no-fault benefits with APIP and OBEL, increasing your Supplementary Uninsured/Underinsured Motorist (SUM) limits to match your liability limits, and adding an umbrella policy.
If you’ve already been injured in a crash, contact the personal injury attorneys at Lacy Katzen LLP for a free consultation: 585-888-9662. We’ve helped the seriously injured for more than 75 years, and you pay nothing unless we recover for you. Contact us online or read our full guide to the 2026 changes here.
