New York recently enacted significant changes to the laws governing motor vehicle injury claims. The reforms apply to cases commenced on or after May 26, 2026 and affect how injuries and fault are evaluated.
One major change eliminates the so-called “90/180-day” category of serious injury, which previously allowed certain non-permanent injuries that substantially limited a person’s normal activities for at least 90 of the 180 days following an accident to meet the state’s serious injury threshold. Claimants seeking non-economic damages must now qualify under one of the remaining serious injury categories.
The reforms also change how motor vehicle accident trials address fault and serious injury, requiring fault to be determined before the serious injury threshold and damages are considered.
In addition, drivers found to be more than 50% responsible for an accident can no longer recover non-economic damages, such as compensation for pain and suffering.
Together, the changes could significantly affect how automobile injury claims are evaluated and litigated throughout New York.
