Today, May 27, 2026, at 1:08 p.m., New York officially changed the law for motor vehicle accident cases, and the effects are going to be significant for injured people across the state.
If you were injured in a car accident, or if you may have a claim in the future, this matters. A lot.
If you were injured in a car accident, these changes may directly affect your rights and your ability to recover compensation. Despite how this may be marketed politically, many of these changes will make it harder for legitimately injured people to recover compensation after an accident.
And yes, insurance companies, and Uber, (allegedly) pushed heavily for this.
What Changed?
The new law makes several major changes to New York motor vehicle accident claims, including:
- Eliminating an entire category of “serious injury”
- Limiting recovery for people found mostly at fault
- Potentially capping recovery in certain situations
- Creating additional hurdles for injured people trying to recover compensation
Insurance companies and corporate lobbying groups argued these changes would lower insurance premiums.
Time will tell whether everyday New Yorkers actually see meaningful savings. Personally, we are skeptical. Historically, insurance companies are not exactly known for voluntarily reducing premiums out of the kindness of their hearts. It is more likely that the insurance rates will remain relatively similar, while the insurance company profit margines increase.
What I do know is this:
The law now places even greater importance on having strong medical proof, clear liability evidence, and an attorney who is actually prepared to fight.
The “90/180” Serious Injury Rule Has Been Eliminated
Before this law, an injured person could qualify under New York’s “serious injury” threshold if the accident prevented them from performing substantially all of their normal daily activities for at least 90 out of the first 180 days after the crash. This category is now gone.
In practical terms, this means that people who suffer injuries that seriously disrupt their lives for months, but who eventually improve, may now face a harder path to compensation if they do not have strong objective medical findings.
That does not mean injured people no longer have cases. Far from it.
People with:
- herniated discs,
- fractures,
- surgeries,
- torn ligaments,
- nerve damage,
- significant limitations,
- traumatic brain injuries,
- or permanent injuries,
can still absolutely pursue compensation.
But this law increases the importance of:
- prompt medical treatment,
- MRI findings,
- specialist care,
- documented limitations,
- and consistent treatment.
Comparative Negligence Rules Have Changed
This may be the biggest shift in the law.
Under the old rules, an injured person could still recover compensation even if they were mostly at fault for the accident. Their compensation would simply be reduced by their percentage of fault.
For example, before the change in the law, if someone were found 70% at fault, they could still recover 30% of their damages. This is no longer the case.
Under the new law, if an injured person is found to be more at fault than all defendants combined, they may recover nothing.
That means:
- 50% at fault = recovery may still be allowed
- 51% at fault = recovery may be completely barred
This is going to create major battles in litigation over who caused an accident and to what degree. Insurance companies now have even more incentive to aggressively blame injured people for crashes.
Expect to see much more of:
- “You were speeding.”
- “You should have seen the other vehicle.”
- “You reacted too slowly.”
- “You changed lanes improperly.”
- “You were distracted.”
Even in cases where another driver clearly acted negligently.
Some Recovery May Now Be Capped at $100,000
The law also places limits on non-economic damages (aka pain and suffering) in certain situations involving:
- uninsured drivers,
- impaired drivers who are criminally convicted,
- individuals convicted of felonies involving vehicle operation.
There are exceptions and limitations within the statute, and these cases will likely lead to substantial litigation over how the law is interpreted.
Importantly, wrongful death claims are not subject to this particular cap.
Why This Matters
Here is our new reality:
Insurance companies already make the process for injured victims difficult. Insurance adjusters are not neutral decision makers. Their job is to save the insurance company money.
Now, insurance carriers have been handed additional tools to:
- challenge claims,
- dispute injuries,
- shift blame,
- and reduce payouts.
While Governor Kathy Hochul speaks about “fraud” and “reducing auto insurance premiums,” many real people with real injuries may ultimately be the ones who suffer the consequences. Fraudulent claims should absolutely be addressed, but the overwhelming majority of injured people are not committing fraud. They are ordinary people trying to recover physically, emotionally, and financially after a serious accident disrupted and changed the course of their lives.
Unfortunately, these changes will do far more to limit legitimate claims than fraudulent ones. People injured in serious motor vehicle accidents may no longer be able to assume the law will fully protect them after another person’s negligence causes harm. And unfortunately, the law just became less forgiving.
What Injured People Should Do After an Accident
Now more than ever, it is critical to:
- seek medical treatment immediately,
- follow through with recommended care,
- document your injuries,
- avoid gaps in treatment,
- preserve photographs and evidence,
- and speak with an experienced attorney as early as possible.
Waiting too long can seriously damage a case.
Our Opinion on the Politics Behind This
There has reportedly been significant lobbying surrounding these reforms, including millions spent by companies and industry groups pushing for change.
Uber alone reportedly contributed approximately $10 million toward lobbying efforts tied to these insurance reform initiatives.
This should concern people.
Not because corporations should not have a voice, but because every day injured people often do not have one.
When massive companies and insurance interests pour extraordinary amounts of money into changing liability laws, the public should ask a very simple question: Who benefits when it becomes harder for injured people to recover compensation?
Because it usually is not the family struggling to pay medical bills after a serious crash.
Our Commitment to Our Clients
These laws may change the playing field, but they do not change my commitment to the people we represent.
If anything, strong legal representation is now more important than ever.
We represent injured people, not insurance companies. We prepare cases aggressively. We investigate liability thoroughly. We build medical proof carefully. And when necessary, we are prepared to litigate. Because behind every case file is a real person whose life was interrupted in an instant. And those people deserve to be heard.
If you or someone you love has been injured in a motor vehicle accident, it is important to understand your rights under these new laws and how they may affect your case.
