New York’s new motor vehicle tort reforms could make it harder for injured drivers, passengers, and pedestrians to recover full compensation.
— Shulman & Hill
NEW YORK, NY, UNITED STATES, August 18, 2026 /EINPresswire.com/ — In late May 2026, Governor Kathy Hochul signed New York’s state budget into law. Inside it is one of the biggest changes to the state’s car accident laws in decades. The new rules took effect immediately upon passage and apply to most motor vehicle lawsuits filed from that point forward.
Shulman & Hill, the New York personal injury and workers’ compensation law firm founded by attorneys Alex Shulman and J.J. Hill, warns that these changes will reduce compensation for everyday New Yorkers injured in crashes.
The biggest change affects who can recover compensation at all after a crash. For decades, New York allowed an injured person to recover damages even if they shared some of the blame for a crash, with the catch that their award was reduced by their share, or percentage, of fault.
Under the new law, a driver found more than 50% at fault in a motor vehicle case is barred from recovering anything for their pain and suffering. As a result, auto insurance companies now have a stronger incentive to shift blame onto the injured person.
Before the new law took effect, proving an injured driver was partly at fault only reduced what the insurer had to pay. Now, if an insurer can push that driver’s share of fault past 50%, it may owe nothing for their pain and suffering at all.
The law also removes the “90/180” category from New York’s serious injury threshold. That rule allowed injured people to seek pain and suffering damages if their injuries kept them from participating in most of their normal daily activities for at least 90 of the 180 days after a crash.
Many hardworking New Yorkers with real, well-documented injuries, including those who pushed through pain to keep working, relied on this category to bring a claim. That door is now closed for new cases.
Other changes include a $100,000 cap on pain and suffering damages for claimants who were uninsured, impaired, or committing a crime at the time of the accident. There is also a new trial rule that requires juries to decide fault before considering whether an injury qualifies as “serious.”
Because these new rules put so much weight on fault, getting started early on a claim after a car wreck and securing evidence matters more than ever. Having crash scene photos, witness statements, and police reports soon after the incident can decide whether an injured person recovers anything at all.
Despite the challenges that these new laws present, Shulman & Hill will continue fighting for the compensation that injured New Yorkers deserve.
About Shulman & Hill
Founded in 2013 by attorneys Alex Shulman and J.J. Hill, Shulman & Hill is headquartered in Manhattan with offices across the five boroughs and Long Island. The legal team focuses on personal injury and workers’ compensation, and it has extensive experience with construction accidents and New York Labor Law cases.
Backed by more than 200 years of combined legal experience, the firm has recovered over $1 billion for more than 26,000 clients. Shulman & Hill handles cases on a contingency basis, travels to clients for consultations, and conducts in-depth in-house investigations.
Original Source
Valery Charles, Financial Operations
Shulman & Hill
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