Major automotive insurance and tort reforms have changed the rules for serious injury claims in New York. The changes cover the amount of blame you can share in an accident before you can claim damages, remove one of the serious injury categories, and reorganize the procedural process when cases end up in court.
Understanding these updates is essential for protecting your legal rights and ensuring you receive fair compensation if you are seriously injured in a crash.
Key Takeaways
- New York now blocks recovery for damages if you are more than 50% at fault for an accident.
- The 90/180 non-permanent injury rule was removed from Insurance Law § 5102(d).
- Juries now determine the proportion of fault before evaluating if a serious injury passes the threshold.
New York Bars Recovery if You’re the Primary Cause of an Accident
Under changes made by the state on May 26, 2026, if a jury finds an injured driver more than 50% responsible for an accident, they can no longer claim damages.
This means that, even if you were seriously injured, you can’t pursue a claim if you were more responsible for the accident than the other driver.
Under the previous system, New York followed a pure comparative negligence rule. Even if you were found to be 80% responsible for an accident, you could still recover 20% of your damages.
The new system follows a modified comparative negligence model.
Now the state puts a limit right down the middle. It’s important to remember that these figures are decided in court, so when you’re injured in an accident, you should talk to a personal injury lawyer as soon as you are safe and have received medical attention. A Long Island accident attorney can evaluate your case and work to protect your rights. The right evidence and witnesses can help ensure that your injuries are correctly represented in court, and that your share of responsibility is accurately reflected.
No More 90/180 Rule in the Serious Injury Categories
New York State has removed the 90/180 rule from Insurance Law § 5102. This was a threshold category that allowed claims to move forward when someone was temporarily impaired and unable to perform usual daily activities for 90 of the first 180 days after an accident.
Serious injury claims after May 26, 2026 must pass one of the following 8 categories:
- Death.
- Dismemberment.
- Significant Disfigurement.
- Fracture.
- Loss of Fetus.
- Permanent Loss of Use of a Body Organ, Member, Function, or System.
- Permanent Consequential Limitation of Use of a Body Organ or Member.
- Significant Limitation of Use of a Body Function or System.
Proving a serious injury relies on meticulously documented medical records and sometimes requires expert witnesses. The defense will have the right to conduct a defense medical examination. An experienced personal injury lawyer is essential in serious injury cases. A lawyer and their legal team will collect evidence and build the strongest possible case to prove that your injuries are serious and that they were caused by a specific accident.
Trial Procedure Sequencing Has Changed to Accommodate Reforms
New York has also updated its trial sequencing to reflect the changes described above.
- Courts will determine fault in an accident first. This answers the question of whether the plaintiff has the legal right to pursue compensation.
- If the plaintiff is more than 50% at fault for the accident, they cannot proceed with a serious injury claim for damages.
- If the plaintiff shares half or less of the blame, the claim can proceed. The court will then determine if an injury passes the threshold.
Talk to a Long Island Accident Attorney As Soon as Possible
These changes affect all claims filed after May 26, 2026. If you were seriously injured, you will need expert representation to gather evidence, protect your right to pursue compensation, and ensure that you are prepared for the legal process.
The Raimondo Law Firm is ready to review your case for free. Recent changes raise the bar for seeking compensation, but the right evidence and approach to the legal process will put you in the best position to get the compensation you deserve. Reach out to us at (631) 471-1222. We’re available 24/7 and serve all of Long Island.
