As of May 27th, 2026, the major changes to New York’s no-fault motor vehicle litigation are now in effect. The law tightens the serious injury threshold requiring objective medical standards to prove serious injury and repeals the 90/180 rule.
It modifies comparative fault, joint and several liability. Drivers now found to be more than 50% at fault are precluded from suing for damages for pain and suffering in an Article 51 motor vehicle case. The CPLR Article 16 motor vehicle exception to joint and several liability is repealed.
Bad Actor
Damages are now limited for cases involving illegal behavior, i.e., criminal behavior, uninsured motorist cases, impaired driving, operating an uninsured vehicle that the plaintiff was responsible for insuring (within a sub-30 day lapse safe harbor), convicted of impaired operation, operating in the commission of a felony or immediate flight and/or convicted of a felony, etc., to a $100,000 non-economic loss cap.
Miscellaneous
Wrongful death is carved out – no cap.
Medical bills must now go to the no-fault carrier first.
Motor vehicle cases are automatically bifurcated, i.e., under Section 5104(a) the new language requires the trier of fact to determine; (i) fault first; (ii) serious injury second; and (iii) non-economic damages last. “No liability for non-economic loss shall be fixed unless and until the trier of fact has determined the existence of serious injury.” This dovetails with the new comparative negligence bar – if the jury finds the plaintiff more than 50% at fault, the case ends before the jury reaches the threshold and/or damages.
Conclusion
Comparative fault in New York auto cases only is now potentially case dispositive. Summary judgment motions should be made in all cases in which the new law applies. Special attention should be paid in all left turn, lane change, sudden stops, U-turn, pedestrian darting and intersection cases where plaintiff’s potential liability exceeds 50%. Trucking cases with sudden lane intrusion or following too closely fact pattern become much more defensible as well.
This new law has no retroactive effect.
Should you have any questions, please call our office at (914) 703-6300 or contact:
Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com
Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com
Jeffrey D. Schulman, Executive Partner
jschulman@pmtlawfirm.com