At the end of May 2026, Governor Kathy Hochul signed a series of amendments to the state’s laws as part of the 2026–2027 budget, which took immediate effect. New York’s 2026 motor vehicle accident reforms affect how attorneys approach personal injury cases involving motor vehicles. These changes apply to car accident cases, truck accident claims, and motorcycle crash cases, among others.
At Matera & Manley, we know how to navigate changes to personal injury law. We’re prepared to support a successful claim that compensates you for the way your life was affected.
New York’s 2026 Motor Vehicle Accident Reforms
Two changes stand out for anyone filing a car accident injury claim in New York right now.
A Shift to Modified Comparative Negligence
Lawmakers added a new subsection to New York Civil Practice Law and Rules (CPLR) § 1411. The change applies to motor vehicle injury cases. New York no longer follows pure comparative negligence for car accident personal injury claims. To clarify, for motor vehicle claims only, the state now operates under a modified comparative fault system. Personal injury cases outside that defined category still fall under New York’s pure comparative negligence rule. Examples include slip and fall and construction accident cases.
- Old rule: Under pure comparative negligence, if you were 99% at fault, you could have theoretically recovered the remaining 1% of damages tied to another at-fault party.
- New rule: Under modified comparative negligence, if you are found 51% at fault, you’re barred from recovery. If you’re found 50% or less at fault, your damages are reduced by the percentage you’re found to be at fault.
Where this change matters most: Allocating enough fault to you can change whether you have a viable injury claim at all.
How our attorneys support your case: First, we ensure you understand that this change doesn’t affect no-fault coverage. Your no-fault insurance benefits are still an option for compensation. Next, we gather the necessary evidence to place as much fault as possible on other drivers. This helps keep your claim alive by reducing the amount of fault assigned to you.
Elimination of the 90/180-Day “Serious Injury” Category
To qualify for pain and suffering compensation, you need to meet the serious injury threshold according to New York’s definitions. An amendment to New York Insurance Law § 5102(d), has changed how this rule may apply to your car crash claim.
- Old rule: The 90/180-day category used to mean that temporary injuries could meet the serious injury threshold if they affected your daily life substantially for at least 90 of the first 180 days after the accident.
- New rule: A claimant can no longer rely on the former 90/180-day category. Instead, the claimant must establish another remaining serious-injury category.
Where this change matters most: This repeal is particularly important in nonfatal injury claims where the injured person missed work but doesn’t have a clearly documented permanent impairment. Essentially, it removes a temporary disability pathway.
How our attorneys support your case: We develop the medical proof needed to show that an injury meets one of New York’s remaining serious injury categories. Part of this may be encouraging you to receive medical treatment and stay on top of follow-up care. In addition, our attorneys remain ready to challenge the insurance company’s arguments regarding fault and preexisting conditions.
After a Car Crash, Reach Out for a Free Consultation
New York’s 2026 motor vehicle accident reforms change how fault and injury severity are evaluated in car accident cases. Both changes raise the stakes for building a claim early and well. A crash that once looked straightforward to prove could now depend more heavily on fault or on which medical category an injury falls into. Regardless, you should never assume you don’t have a case just because the law seems less favorable to you than it once did.
At Matera & Manley, our car accident lawyers stay up to date on changes like these. We keep your claim viable based on the law as it stands today, not as it did in the past. If you’ve been hurt in a crash in Suffolk County or Nassau County. Don’t wait to find out where you stand under the new rules. Our firm is here to help you.
Contact us today to schedule a free consultation with one of our attorneys.
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