New York changed the rules for many car accident injury cases in 2026. The changes are part of the state budget (Chapter 58 of the Laws of 2026, Part EE), which was signed on May 26, 2026. According to the New York State Department of Financial Services, they apply to lawsuits started on or after May 26, 2026. Lawsuits started before that date keep the earlier rules.
Some of our older blog posts describe the earlier rules. Those posts now carry a note that points here.
1. Being Mostly at Fault Can Now Bar Recovery
For years, New York followed what lawyers call pure comparative fault. Your share of the blame reduced your recovery, but it never wiped it out, even if you were 99 percent at fault. That is still the rule for most injury cases (CPLR 1411).
For personal injury lawsuits covered by New York’s No-Fault insurance law, the 2026 change adds a bar. If your share of the fault is greater than the share of the person you sue, or greater than the combined share of everyone you sue, you recover nothing. If your share is equal or smaller, your recovery is reduced by your percentage, as before.
For example, if a jury finds you 30 percent at fault, your award is reduced by 30 percent. If it finds you 60 percent at fault and the other driver 40 percent at fault, you recover nothing.
2. A Narrower Definition of “Serious Injury”
To sue for pain and suffering after a car crash in New York, your injury must be a “serious injury” (Insurance Law § 5102(d)). The 2026 law removed one category from that definition: an injury that kept you from performing substantially all of your usual daily activities for at least 90 of the first 180 days after the accident. The remaining categories include a fracture, significant disfigurement, and a permanent or significant limitation of the use of a body part, function, or system.
The law also sets the order in which a jury decides these questions: first who was at fault, and only then whether the injury is a serious injury (Insurance Law § 5104(a)).
3. A $100,000 Cap for Some At-Fault Drivers
The law limits pain-and-suffering damages to $100,000 for an injured person who was partly at fault and who, at the time of the accident, was driving an uninsured vehicle that person was responsible for insuring (unless the coverage had lapsed for less than 30 days), or was driving while impaired and was convicted of it, or was driving while committing a felony, or fleeing from one, and was convicted of that felony (Insurance Law § 5104(d)). The cap does not apply in a case for injuries that caused a death.
What This Means for You
- Evidence about how the crash happened matters more than ever. Photos, video, witness names, and the police report can decide whether you recover anything at all.
- The deadlines have not changed. Written notice of a No-Fault claim is still due within 30 days of the accident (11 NYCRR 65-1.1), and most injury lawsuits must be started within three years (CPLR 214).
- Insurance matters. Carry insurance, and consider carrying more than the state minimum. Our post on why New York drivers should buy more than the minimum explains why.
If you were hurt in a crash, talk to a lawyer early. Contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.
Questions about your own accident?
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