Governor Kathy Hochul, back in late May 2026, signed off on a new state budget that has drastically changed New York’s car accident laws. If you or a loved one has been injured in a car accident, it’s in your best interest to contact our knowledgeable Westchester County Car Accident Attorneys. Our legal team is prepared to help you cut through the confusion and explain how these new rules impact your chances of recovering fair compensation for your losses.
What Changed Under New York’s New Car Accident Law?
New York’s new legislation rewrites how auto accident claims are handled. Here are some of the most significant updates you need to know about:
- Modified Comparative Negligence: There are new limitations on recovering damages if you are found primarily at fault (51% or more) for causing the accident.
- “Serious Injury” Threshold: The 90/180-day category has been eliminated, making it much harder to qualify for pain-and-suffering damages. You must obtain objective medical evidence to prove subjective losses.
- Fault Allocation: The jury must first determine who is at fault for the accident. Non-economic damages can only be assessed after fault is determined, and the serious injury requirement is satisfied.
- Certain Drivers Face a Cap: Uninsured drivers face a $100,000 cap for non-economic damages in certain situations. It should be noted that this cap doesn’t apply to wrongful death cases.
These new rules apply to lawsuits filed after the law took effect. They don’t affect pending cases.
How Could These Changes Affect Your Injury Claim?
Depending on the unique circumstances of your case, the new law may make it much harder to recover compensation for non-economic damages like pain and suffering, loss of enjoyment of life, inconvenience, and disfigurement. Insurance companies will utilize these changes to dispute liability and reduce your payout. Given that every accident is different, it’s advisable to reach out to an experienced Westchester County car accident attorney who can assess how the new law applies to your specific situation.
Why Is It Important to Contact an Attorney?
If you have been injured in a car accident after May 27, 2026, it’s crucial to understand how these new legal rules may affect your right to compensation. An attorney at Hausman Law Group can evaluate your case, explain the legal options available, and assist you in pursuing the maximum compensation you are entitled to under state law.
An attorney can help safeguard your rights, determine liability, collect evidence, evaluate damages accurately, and represent your interests in court if necessary. You need someone in your corner who understands New York’s new rules. Connect with our firm today to schedule a confidential consultation.