If you or a loved one has been injured in a car accident, you need to know that New York’s Governor Kathy Hochul recently signed off on new laws that throw out the old rules for car accident claims. Please continue reading to learn what has changed, how the 2026 legal reforms may impact your injury claim, and how our determined Suffolk County Injury Lawyers can help you understand what these new rules mean for your right to recover compensation.  

Are You Still Eligible for Compensation Under New York’s New Car Accident Law? 

New York’s new tort reform laws completely flip the script on how car accident claims are handled. If you are trying to figure out what these changes might mean for your car accident case, here are the most important updates you need to look out for: 

  • New Fault Rules: New York has historically adhered to a “pure” comparative negligence rule. Now, the state has shifted to a “modified” comparative negligence rule. Under this new standard, victims found to be more than 50% at fault for the accident will face the absolute bar of recovery. 
  • Fault Allocation: The jury must first determine who is at fault for the accident. They are not permitted to hear any evidence beforehand to ensure jurors don’t become prejudiced. 
  • “Serious Injury” Threshold: The 90/180 category has been removed, meaning that victims can no longer qualify for pain and suffering simply because an injury temporarily prevented them from doing daily activities. This makes it much harder to recover compensation for non-economic damages. 
  • Criminals and Uninsured Drivers Capped: If a driver is involved in an accident while driving uninsured or committing a felony, they will face a $100,000 cap for non-economic damages. 

These new rules apply to lawsuits filed on or after May 27, 2026. 

How Will New York’s 2026 Car Accident Law Changes Affect Your Case?

Depending on the specific details of your collision, these updates can make it more challenging to recover non-economic damages. Insurance adjusters will weaponize these new rules to dispute fault and try to minimize your payout. 

Since car crashes are never identical, it’s in your best interest to connect with our determined Suffolk County injury lawyers. Our legal team is ready to examine your case and figure out exactly how these new laws affect your case. Furthermore, because New York has shifted to a modified comparative negligence state, a minor slip-up to an insurance adjuster about the incident could jeopardize your right to sue. Prompt action is crucial, as evidence and witness memories can disappear in a matter of days. 

Contact Castro & Trodden, LL, to schedule a free consultation today.