1. Elimination of the 90/180-Day Serious Injury Category

Under New York’s prior law, an injured person could satisfy the “serious injury” threshold under Insurance Law §5102(d) by demonstrating a medically determined injury or impairment of a non-permanent nature that prevented the person from performing substantially all of their customary daily activities for at least 90 of the first 180 days following the accident.

This category has long been one of the primary avenues through which plaintiffs established a serious injury and pursued claims for non-economic damages such as pain and suffering.

The new legislation eliminates this category entirely.

As a result, injured individuals can no longer establish a serious injury based solely on evidence that a non-permanent injury substantially limited their activities for 90 out of the first 180 days after an accident. Going forward, claimants must satisfy one of the remaining statutory categories, including:

• Death
• Dismemberment
• Significant disfigurement
• 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
• Significant limitation of use of a body function or system

This change is expected to narrow the pool of cases that qualify for recovery of non-economic damages under New York’s no-fault system.

2. Comparative Fault Now May Completely Bar Recovery

Perhaps the most significant change involves New York’s comparative fault rules.

Historically, New York followed a pure comparative negligence system. Under that framework, an injured person could recover damages even if they were primarily responsible for causing the accident, although any recovery would be reduced by their percentage of fault.

The new law fundamentally changes that approach.

Under the revised statute, a claimant’s own culpable conduct will now bar recovery if the claimant’s fault exceeds the fault of the person against whom recovery is sought or exceeds the combined fault of all defendants.

In practical terms, an injured party who is determined to be more than 50 percent responsible for an accident may be completely barred from recovering damages.

3. New Cap on Non-Economic Damages for Certain At-Fault Drivers

The legislation further imposes limitations on non-economic damages for certain injured motorists who were engaged in unlawful conduct at the time of the accident.

Except in wrongful death cases, recovery for pain and suffering and other non-economic damages is capped at $100,000 for a claimant who:

• Was operating an uninsured vehicle that was required to be insured under New York law, unless the lapse in coverage was less than 30 days
• Was operating a motor vehicle while impaired and is subsequently convicted of that offense
• Was operating a motor vehicle while committing a felony, or fleeing immediately after committing a felony, and is convicted of that felony

Even where such individuals sustain a qualifying serious injury and are not otherwise barred from recovery, their non-economic damages may not exceed $100,000.

4. Serious Injury Determinations Will Be Deferred Until After Fault Is Decided

Under the new law, no liability for non-economic damages may be imposed unless a trier of fact first determines that a serious injury exists. However, the trier of fact is prohibited from deciding whether an injury qualifies as a serious injury until after fault has been determined.

As a result, juries will first decide who caused the accident and allocate fault among the parties before considering whether the plaintiff has sustained a legally qualifying serious injury.

This procedural change may significantly alter litigation strategy, motion practice, and trial presentation in motor vehicle cases.

Potential Impact on Accident Victims and Litigation

These amendments are likely to have far-reaching consequences for accident victims, insurance carriers, and attorneys handling motor vehicle claims.

Among the anticipated effects are:

• Fewer plaintiffs qualifying for pain and suffering damages due to the elimination of the 90/180 serious injury category
• Increased focus on comparative fault investigations and accident reconstruction
• More litigation concerning fault allocation
• Reduced settlement values in cases involving substantial plaintiff fault
• Additional defenses available to insurers and defendants

For individuals injured in motor vehicle accidents, early investigation and documentation of injuries will become even more important under the revised framework.

Speak With an Experienced New York Personal Injury Attorney

The recent amendments to New York’s motor vehicle liability laws significantly alter the legal landscape for accident claims. By narrowing the serious injury threshold, modifying comparative fault principles, and limiting damages in certain circumstances, the legislature has introduced changes that will affect nearly every aspect of motor vehicle litigation.

Anyone involved in a motor vehicle accident should consult experienced counsel promptly to understand how these new provisions may affect their rights and potential recovery.

Giulia R. Marino, Esq.