A recently enacted tort reform package has made significant changes to New York auto injury law. The new legislation, which took effect on May 27, introduce new standards for proving serious injuries and for recovering non-economic damages in an automobile accident case.
The 2026 amendments raise the bar for injury claims and increase the burden on accident victims to establish both the severity of their injuries and the other driver’s degree of fault. The following are the most significant changes adopted:
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Abolition of the “90/180 rule” — This longstanding rule allowed accident victims to recover non-economic damages (that is, compensation for pain, suffering and diminished quality of life) if they could show substantial disability for 90 out of the 180 days following the accident. This rule allowed for claims related to soft tissue injuries, whiplash and other harm with delayed onset symptoms. Under the new law, only victims with permanent or objectively documented serious injuries may claim non-economic damages. Subjective reports of pain are insufficient.
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Requirement of “objective medical evidence” of injury — Claims will require documentation such as MRI or CT scans, EMG studies or detailed findings from orthopedic examinations. Prompt and thorough medical evaluation immediately after an accident and at every stage of recovery becomes more important than ever. Gaps in care, or reliance purely on physical therapy notes, may lead to denial of compensation.
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Modified comparative negligence rule — New York had long followed a pure comparative negligence rule, which allowed an accident victim to recover partial non-economic damages despite the victim’s level of fault. Under the new modified comparative negligence rule, any victim judged to be more than 50 percent at fault for an accident cannot recover any non-economic damages. Insurers are expected to exploit every opportunity to push a claimant’s responsibility above the 50 percent bar, which could drastically limit payouts.
While economic damages such as medical expenses and lost wages are still recoverable, claimants should expect increased insurer scrutiny and demands for comprehensive, contemporaneous documentation. In addition, insurers are expected to adopt more aggressive tactics: disputing the severity and causes of injuries, pushing harder on assigned fault percentages and delaying or minimizing settlement offers.
Assistance from an experienced motor vehicle accident attorney has never been more critical. The Rich & Rich law firm stands out for our ability to marshal sophisticated medical evidence, aggressively counter insurer arguments on fault and maximize available damages in even the toughest cases.
Rich & Rich, P.C. represents auto accident victims throughout the New York metropolitan area, helping them get the compensation they deserve. We have offices in Midtown Manhattan and Roslyn Heights, Long Island. Call us at 917-852-0933 or contact us online to schedule a free consultation.