New York recently passed the biggest changes to car accident liability in decades. Ending old rules for fault and injury severity directly affects everyone driving between the Bronx and Westchester. The rules are strict. Injured drivers now face a harder path to recover compensation for pain and suffering.
The end of the 90/180-day rule
For years, injured New Yorkers could seek pain and suffering damages if a crash stopped them from doing normal daily tasks for 90 of the first 180 days. The state removed this rule from the serious injury threshold statute.
Claimants can no longer rely on short-term conditions, such as severe sprains or recovering from surgery, to justify a lawsuit. Instead, recovering non-economic damages now requires objective medical proof of a permanent consequence or a significant physical limitation. You must secure extensive medical records to meet these strict new rules.
Fault now carries a heavier burden
The new law also discarded New York’s traditional pure comparative negligence standard for auto claims. Under the old system, a driver holding most of the blame for a crash could still recover a fraction of their damages.
The state now applies a modified comparative negligence rule. If an investigation finds a claimant more than 50 percent at fault for the crash, the law completely bars them from recovering any damages from the other party. This shift increases the importance of scene investigations, witness statements and early accident reconstruction.
Steps to protect your PIP coverage and claim
Although lawmakers tightened the lawsuit threshold, Personal Injury Protection (PIP) remains mandatory for all state auto policies. These first-party benefits cover medical bills and lost wages regardless of fault. Drivers can take specific actions to preserve these benefits and protect their legal claims.
- Reporting the accident quickly: Filing the Application for Motor Vehicle No-Fault Benefits within 30 days of the crash maintains your eligibility.
- Gathering evidence at the scene: Taking photos of vehicle positions and asking for dashcam footage helps establish fault under the new rules.
- Following treatment plans strictly: Any gap in treatment gives adjusters a reason to argue your injury fails the stricter medical standards.
Missing the initial filing window or failing to document an injury can lead to an insurance denial.
Where this leaves injured commuters
These law changes leave less room for error after a crash. Delaying a medical exam or filing a form incorrectly can permanently damage a claim. While lawmakers narrowed the rules, an experienced attorney can evaluate the details of your case. They can guide you through the updated process. Securing accurate diagnostic evidence and proving fault remain the top priorities for any crash victim.
Consider working with an experienced personal injury attorney if you have suffered any injury after a motor vehicle accident. Contact Law Offices of Mark B. Rubin to schedule a consultation.