What Changed in New York Car Accident Law in 2026?
In 2026, Part EE of Chapter 58 made four changes to New York car accident lawsuits. They concern the definition of "serious injury", the order in which fault and serious injury are decided, when an injured person's own fault bars recovery, and a new cap on non-economic damages for certain at-fault injured people.
Key facts
- The changes took effect on May 26, 2026, and apply to all actions and proceedings commenced on or after May 26, 2026.
- The New York State Department of Financial Services explains the changes in Insurance Circular Letter No. 3 (2026), dated July 1, 2026.
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Which injuries still count as a serious injury?
In an action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in New York, Insurance Law § 5104(a) allows no recovery for non-economic loss except in the case of a serious injury. Insurance Law § 5102(d) now defines a serious injury as a personal injury that results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system.
The category Part EE deleted covered a medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all of the material acts that constitute their usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
In what order are fault and serious injury decided?
In an action to recover non-economic loss under Article 51 of the Insurance Law, the trier of fact must determine the party or parties at fault before deciding whether an injury is a serious injury. No liability for non-economic loss can be fixed until the trier of fact has determined that a serious injury exists.
Can you still recover if you were partly at fault?
Under the new CPLR § 1411(b), in an action to recover damages for personal injury subject to Article 51 of the Insurance Law, the injured person's culpable conduct bars recovery if it is greater than the culpable conduct of the person being sued, or greater than the combined culpable conduct of all the people being sued.
CPLR § 1411(a), which applies except as provided in subsection (b), says the amount of damages otherwise recoverable is diminished in the proportion that the claimant's culpable conduct bears to the culpable conduct that caused the damages.
Who is affected by the $100,000 cap?
Insurance Law § 5104(d) limits recovery for non-economic loss to $100,000 in a serious-injury case brought by or on behalf of an injured person who is at fault, is not barred from recovery by CPLR § 1411, and was:
- operating an uninsured motor vehicle that the person was responsible for insuring under Article 6 of the Vehicle and Traffic Law, except where a lapse in coverage lasted less than 30 days;
- operating a motor vehicle while impaired at the time of the accident, and convicted of that offense; or
- operating a motor vehicle in the commission of a felony, or in immediate flight from one, at the time of the accident, and convicted of that felony.
Frequently asked questions
What is non-economic loss?
Insurance Law § 5102(c) defines non-economic loss as pain and suffering and similar non-monetary detriment.
Does the $100,000 cap apply in wrongful death cases?
No. The cap does not apply in an action for injuries resulting in death.
What does "impaired" mean for the cap?
The Department of Financial Services explains that the impairment language in Part EE is based on Vehicle and Traffic Law § 1192 and refers to impairment by alcohol or drugs.
About William Mattar, P.C.
William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. The initial case consultation is free, and the firm can be reached at (844) 444-4444.
Related reading from William Mattar
- What It Means That William Mattar, P.C. Handles Only Motor Vehicle Accident Cases
- Can I Sue for Pain and Suffering? A Guide to New York's Serious Injury Threshold
- What Is Considered a Serious Injury in a Car Accident?
Sources
- New York Insurance Law § 5102: https://www.nysenate.gov/legislation/laws/ISC/5102
- New York Insurance Law § 5104: https://www.nysenate.gov/legislation/laws/ISC/5104
- CPLR § 1411: https://www.nysenate.gov/legislation/laws/CVP/1411
- NYS Department of Financial Services, Insurance Circular Letter No. 3 (2026): https://www.dfs.ny.gov/industry-guidance/circular-letters/c32026-01
Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.