2026 New York State Budget & Auto Insurance
What New York Auto Insurance Law Changes Mean for Drivers and Accident Victims
When the New York State budget was passed on May 28, 2026, it made changes to our state car accident laws. Outlined below are the changes and how it may impact potential motor vehicle accident cases moving forward.
Qualifications for a pain and suffering claim
New York is a “no fault” state, which means your auto insurance pays for your medical bills and lost wages if you miss time from work when you are involved in a car accident, no matter who caused it. To sue the at-fault driver and recover for your pain and suffering, you have to be able to prove you sustained a serious injury as defined by state law.
For many years, there were nine categories of injuries which would qualify as “serious injuries” under state law. Under the new law, however, the “90/180-day” category has been removed. Previously, this category meant that if your injuries kept you from your normal daily activities (work, school, etc.) for at least 90 of the first 180 days after the accident, you could bring a claim for pain and suffering – even if the injuries weren’t permanent. Now, you must fit into one of the other eight categories – such as fracture, significant disfigurement, or a permanent and/or significant limitation of a body part or system – in order to bring a pain and suffering claim.
If you’re mostly at fault, you recover nothing
New York State used to follow a comparative fault rule. Even if you were partly to blame for a car accident, you could still recover something. If you were found to be 60% at fault and awarded $100,000, you would still receive a settlement of $40,000.
Now if you are found more at fault than the driver(s) you are suing, you would not be entitled to any recovery monies. A person found to be 49% at fault can still recover but a person found to be 51% (or more) at fault would get nothing.
Moreover, the new law requires that fault be determined first, before injuries or damages are considered.
New $100,000 cap on settlements for certain drivers
A pain and suffering claim is now limited to $100,000 for drivers who at the time of the accident were:
- Driving an uninsured vehicle
- Driving while impaired and later convicted
- Committing a felony (or fleeing one) and were later convicted
Contacting an attorney immediately is still critical
With the right representation and the right doctors treating you, individuals will still be able to bring a pain and suffering claim in New York State when injured in a motor vehicle accident. However, it’s critical that if you or a friend or family member are injured in a car accident or any other type of motor vehicle accident, you reach out to us immediately. Even waiting just 30 days after an accident could impact the viability of a pain and suffering claim.
We’ll continue to provide updates on the changes to New York State’s car accident laws. In the meantime, if you have any questions, please call or text us at (585) 475-1100 and ask to speak to a Segar & Sciortino Personal Injury attorney.
To learn more about our Car Accident and Personal Injury Attorneys, visit our website.
And to read about other car accident and personal injury topics, please visit our blog.
Article updated as of 7/27/26.