In May 2026, New York enacted some of the most significant changes to its car accident laws in decades, and they make it harder for many injured people to recover full compensation. The new rules apply to lawsuits filed on or after May 26, 2026, so they can affect your case even if your accident happened before the law took effect. With less room for error, having trusted legal counsel from the start matters more than ever. Our experienced Buffalo car accident attorneys at Campbell & Associates can help.
Qualifying for Pain and Suffering
New York is a no-fault state. Your no-fault benefits cover medical bills and lost wages up to policy limits, but to recover compensation for pain and suffering, you must prove a “serious injury” as defined by New York Insurance Law § 5102(d).
Before the change, the law recognized nine categories of serious injury. The new law removed one of the most commonly used: the 90/180-day rule. That category allowed recovery when a non-permanent injury kept the victim from performing substantially all of their usual daily activities for at least 90 of the first 180 days after the accident.
Now, to recover pain and suffering damages, your injury must fall into one of the eight remaining categories:
- 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
The last three categories generally require objective medical evidence, such as imaging and documented range-of-motion testing, which is why prompt and consistent treatment is so important.
Capping Compensation for Certain Victims
The new law also caps non-economic damages, such as pain and suffering, at $100,000 for certain injured drivers. The cap applies to drivers who were uninsured, driving while impaired, or committing a felony at the time of the accident.
Percentage of Fault
Until this year, New York followed a pure comparative fault rule. An injured person could recover compensation even if they were mostly responsible for the crash, with their award reduced by their share of fault.
For car accident cases, that has changed. If you’re found more at fault than the defendants combined, you’re barred from recovering pain and suffering damages, although you can still receive no-fault benefits. If you’re 50% or less at fault, your compensation is still reduced by your percentage of fault. The law also requires juries to decide fault before deciding whether you suffered a serious injury, so the evidence of how the crash happened is more important than ever.
Consult with Our Experienced Buffalo Car Accident Lawyers Today
It has become more difficult to recover on your complete losses following a car accident in New York, which makes it that much more important to consult with our accomplished Buffalo car accident attorneys at Campbell & Associates as soon as you’re able to do so. We’ll spare no effort on your behalf, so please don’t hesitate to contact us online or give our firm a call at 716-992-2222 today.
