New York recently passed reforms to its auto insurance laws, which may affect how your personal injury claim plays out after a collision. While lawmakers intend for the changes to reduce auto insurance rates and prevent fraudulent claims, injury victims may now find the path to financial recovery even rockier than before.
How Are New York’s Accident Laws Changing?
Governor Kathy Hochul’s FY27 Enacted Budget outlines the specific changes to New York’s auto insurance laws. Here are some of the new laws that could impact your car accident claim:
Serious Injury Threshold
Under New York’s no-fault system, injury victims typically must first turn to their own auto insurance for compensation after a crash. To sue the at-fault driver for additional damages, such as pain and suffering, they must meet the serious injury threshold.
Before this law update, an accident victim could meet the threshold if they suffered a condition that left them unable to perform their regular daily tasks for at least 90 of the first 180 days following the collision. Now, the only remaining qualifying conditions are:
- A fracture
- Dismemberment
- Significant disfigurement
- Permanent loss of use of a body organ, member, function, or system
- Permanent limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Loss of a fetus
- Death
Fault First
Before the insurance company or jury even considers whether you meet the serious injury threshold, it must now determine who was at fault.
Comparative Negligence
New York was previously a pure comparative negligence state. This means that an accident victim could recover compensation from another at-fault party even if they shared most of the blame for causing the crash.
However, New York now applies a modified comparative negligence rule to car accident claims. Under this rule, an injured person who is found mostly at fault for a collision is not entitled to compensation from the other at-fault driver.
Unlawful Conduct by Victims
If an accident victim was committing a crime at the time of the crash, their recovery for non-economic damages is capped at $100,000. This applies to cases where the victim is convicted of driving while uninsured, impaired, or committing or fleeing a felony.
What Does It Mean for Your NY Car Accident Claim?
Injury victims in New York must meet higher standards to secure fair compensation after a car accident under these updates. Insurers will now be demanding more objective evidence that your condition meets the serious injury threshold. But before they even do that, they will be looking for any way to put the blame on you. If they succeed, your case could be over before you even get to talk numbers.
Our experienced auto accident attorneys can help you determine whether the changes will impact your case and navigate any challenges.
How Can You Protect Your Car Accident Claim in New York?
Taking steps to protect your claim early on is now more important than ever. After a car accident in New York, you should:
- Seek medical attention right away.
- Document the scene thoroughly and get contact information from any witnesses.
- Avoid admitting fault, even by saying “I’m sorry.”
- Follow your doctor’s recommendations and avoid gaps in treatment.
- Save any documentation involving the crash, your injuries, and related losses.
- Don’t give any statements to the insurance companies without an attorney.
- Contact a car accident lawyer as soon as possible.
Want to Learn More? Contact Our New York Car Accident Attorneys Today
The New York car accident attorneys at Dalmata, Maloy, & Burke, LLP are here to help you understand these new laws and protect your right to fair compensation. Contact our team today for your free consultation to learn more.
