New York recently enacted one of the biggest changes to its auto accident laws in decades. On May 28, 2026, the state announced that Governor Kathy Hochul signed NY’s Fiscal Year (FY) 2027 Budget into law, which included sweeping auto tort reform legislation that impacts everything from how fault is determined in car accidents to who may be eligible to seek compensation for pain and suffering.

For Long Island drivers, these shifts could have a significant effect on potential personal injury claims.

Whether you commute to work daily on the LIE or Southern State Parkway or drive locally through Nassau and Suffolk Counties, it’s crucial to understand how these reforms impact your rights. Here’s what you need to know. 

New York is a no-fault insurance state, which means that following most accidents, injured parties can typically turn to their own insurance companies and pursue timely compensation, regardless of who caused the crash. The system is designed to help people recover damages quickly, without having to first prove liability.

Injured drivers and passengers may receive up to $50,000 in benefits for crash-related medical and rehabilitation expenses. Victims may also be eligible to receive wage reimbursement, which is limited up to 80% of lost earnings and capped at $2,000 per month for a maximum of three years.

However, no-fault insurance benefits do not extend to pain and suffering. So, if a victim wants to pursue those damages, they must prove they’ve suffered a “serious injury,” as defined by New York State Law.

For decades, a common pathway for meeting that threshold was known as the “90/180-day rule,” which was originally enacted in 1973 as part of New York’s Comprehensive Motor Vehicle Insurance Reparations Act. But now, under the state’s latest auto tort reform, this has changed.

Before the new legislation, car accident victims could potentially meet New York’s serious injury threshold if their injuries prevented them from performing their usual daily activities for at least 90 out of the first 180 days after their accident. These activities might’ve included going to work, attending school, or caring for family.

This category was often used in cases involving injuries that substantially impacted a person’s life, even if they were not necessarily permanent.

But, as of May 2026, the 90/180-day category has been eliminated.

And accident victims in New York who wish to pursue pain and suffering damages must now rely on one of the remaining serious injury categories recognized under NY law.

Per Section 5102(d) of New York Insurance Law, these categories include injuries such as:

● Death

● Dismemberment

● Significant disfigurement

● Fractures

● 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

● Significant limitation of use of a body function or system

Given that the 90/180-day category is no longer an available pathway, strong medical evidence will become even more important in future New York personal injury cases. It’s crucial that you seek care early and partner with an attorney who carefully documents and preserves your records. 

Another major aspect of the new reforms involves the move away from “pure comparative” negligence.

Under New York’s previous system, an individual injured in a car crash could still recover compensation, even if they were found to be primarily responsible for the accident. Their compensation would just be reduced by their percentage of fault.

For example, let’s say you were found to be 70% at fault and a jury awarded $100,000. That would mean you’d receive a total of $30,000 in damages.

Now, the new legislation has shifted to a modified comparative fault standard. And under this system, if you’re found to be more responsible for a crash (or over 50% at fault) than the driver you’re suing, you cannot recover any damages.

This is crucial to keep in mind when it comes to pushing back against insurance companies, who now know that upping your blame percentage could potentially take out your entire claim. So, be cautious when speaking to insurance adjusters and partner with an experienced personal injury attorney who can help you navigate this process. 

Finally, under the new law, some drivers may have their non-economic (or pain and suffering) damages capped at $100,000, even if they suffered serious injuries in an accident.

This limitation may apply to drivers who were operating an uninsured vehicle they were required to insure, driving while intoxicated and later convicted of that offense, or committing or fleeing the commission of a felony at the time of the crash (and convicted).

It’s important to note that this cap applies only to non-economic damages and doesn’t impact a victim’s ability to seek compensation for economic losses, like medical expenses or lost wages. Additionally, the cap doesn’t apply to wrongful death cases. 

While every single car accident is different, one thing is clear: In practical terms, these reforms place greater importance on early medical treatment, detailed medical documentation, accident reconstruction evidence, witness statements, and proving fault. Cases that may have previously survived under the 90/180-day category could now face additional legal hurdles.

The elimination of the 90-180-day category means that some victims will now face a higher burden of proof to seek compensation for pain and suffering. Meanwhile, the new modified comparative fault standard places even more emphasis on proving exactly how an accident happened and who was responsible.

So, for Long Island car accident victims, seeking medical attention, preserving evidence, and securing legal guidance as soon as possible is more important than ever. 

New York’s recent auto tort reform legislation has introduced significant changes that will impact how car accident victims fight for compensation following a crash. And as the courts and insurance companies continue navigating these updates, having an experienced team by your side can make all the difference.

At Langella & Langella Personal Injury Attorneys, we’re committed to staying at the forefront of all New York personal injury law developments. Partner Lindsay Langella recently presented a Continuing Legal Education (CLE) program on New York's auto tort reform legislation for the New York State Academy of Trial Lawyers, providing attorneys across the state with guidance on these evolving legal standards.

Allow us to fight for the justice and compensation you deserve. If you’ve been injured in a Long Island car accident, contact us at (631) 348-9500 for a Free Consultation.

Citations: Read the full statutory language of New York’s auto tort reform legislation in Part EE of the Transportation, Economic Development and Environmental Conservation (TED) Bill.

Or, visit Part EE of the Transportation, Economic Development and Environmental Conservation (TED) Memorandum in Support to review the summary and rationale.