Recent auto tort reforms have restructured how motor vehicle accidents are litigated in New York. Enacted on May 26, 2026, this legislation imposes several major changes to car accident cases, including the impact of fault on damages, which cases meet the serious injury threshold, and more.
What do these changes mean for your potential accident case? Our personal injury law firm in New York breaks down each of these significant changes to New York car accident laws.
Key Issues Raised in New York’s Auto Tort Law Reforms
If you have been researching how car accident cases are handled in New York, understand that some of what you read may now be outdated. New York’s Assembly Bill A10008 affects all actions commenced on or after May 26, 2026, imposing significant modifications to motor vehicle tort law.
These changes have been broadly categorized as “pro-defendant,” meaning that plaintiffs like you may experience more adverse effects. Below, explore the key issues raised in AB A10008.
Shifting to a Modified Comparative Fault Framework
Previously, New York followed a pure comparative fault framework. Anyone involved in an accident could seek compensation from other parties, but their compensation was reduced by their percentage of fault. Even if a person was 99% at fault, they could technically seek 1% of their damages from the other party.
As of May 26, 2026, New York has shifted to a modified comparative fault system. If a person is found to be more than 50% at fault for the accident, they may be ineligible to pursue damages. Plaintiffs might now see insurance companies increasing fault percentage assignments to prevent liability claims against their policyholders.
Removing the “90/180-Day” Serious Injury Rule
As many as 12,093 hospitalizations occur across New York each year due to motor vehicle traffic-related injuries, or 61.5 hospitalizations for every 100,000 New Yorkers. Meanwhile, approximately 136,913 emergency department visits happen for the same reasons.
Hospitalization alone may not be enough to warrant a liability claim against an at-fault party. Under New York’s no-fault car accident laws, an accident victim can only pursue damages against a negligent driver if their injuries meet the state’s “serious injury” threshold.
Previously, that threshold included injuries that prevented a person from performing their usual activities for at least 90 of the 180 days following the accident. But New York’s tort law reforms removed this category altogether. Now, the criteria include only specific types of injuries, preventing plaintiffs from pursuing claims for injuries that are difficult to define.
Requiring Fault Determinations Before Serious Injury Requirements
On a similar note, the tort law reform now requires fault to be assigned under the modified comparative negligence laws before determining whether a plaintiff’s injuries meet the serious injury threshold. If a jury finds that a plaintiff is more than 50% at fault for an accident, the case ends there, and the jury does not consider whether the injuries surpass the serious injury threshold.
Capping Damages for Unlawful Actors at $100,000
Finally, the new law places a $100,000 cap on non-economic damages like pain and suffering for certain “unlawful actors,” including plaintiffs who were:
- Operating an uninsured vehicle they were required to insure
- Driving while intoxicated and later convicted of a DUI
- Committing a felony at the time of the crash
This cap applies even if the plaintiff suffered serious injuries in the accident.
Consult an Auto Accident Attorney in New York for More Information
If you were recently injured in a motor vehicle accident, these new laws likely apply to your case. Our personal injury law firm in New York can help you understand your options under the tort law reforms and represent you through the compensation process, including determining fault in an auto accident.
Contact the Wohlgemuth Law Firm PLLC today at (718) 474-9100 for a free case evaluation.
Frequently Asked Questions
When did the New York motor vehicle tort law reforms go into effect?
The motor vehicle tort law reforms went into effect on May 26, 2026, applying to all cases commenced on and after this date.
How is fault assigned in NY car accident cases?
Fault is generally assigned in car accident cases after reviewing evidence and understanding how the accident occurred. If you disagree with a fault determination, our personal injury law firm in New York can represent you throughout your case.
What is the statute of limitations for car accident cases in NY?
The tort law reforms in NY did not impact the statute of limitations for car accident cases, which is still generally three years from the date the cause of action accrues.
