NY Lawyers Warn: Tort Reform Could Kill Your Car Crash Claim
New York’s Big Car Accident Law Changes: What You Need to Know
What Happened?
In late May 2026, Governor Kathy Hochul signed New York’s state budget into law. Hidden inside that budget was one of the biggest changes to car accident laws in decades. The new rules took effect immediately and apply to most motor vehicle lawsuits filed from that point forward.
The law firm Shulman & Hill — founded by attorneys Alex Shulman and J.J. Hill — is warning that these changes will make it harder for everyday New Yorkers to get fair compensation after a crash.
The Three Biggest Changes Explained Simply
1. The "50% Fault" Rule — The Game Changer
Old rule: If you were partly at fault for a crash, you could still get money for your pain and suffering. The court would just reduce your award by your percentage of blame.
Example: If you were 30% at fault and your damages were $100,000, you’d get $70,000.
New rule: If a driver is found more than 50% at fault, they get $0 for pain and suffering — nothing at all.
Why this matters: Insurance companies now have a huge incentive to prove you were more than half to blame. Before, proving partial fault only lowered their bill. Now, it can wipe it out completely.
2. The "90/180" Category Is Gone
Old rule: You could sue for pain and suffering if your injuries kept you from doing most of your normal daily activities for at least 90 out of the first 180 days after the crash.
New rule: That entire category has been removed.
Who this hurts: Hardworking New Yorkers with real, documented injuries who pushed through pain to keep working — they can no longer use this path to bring a claim.
3. New Caps and Trial Rules
| Change | What It Means |
|---|---|
| $100,000 cap on pain and suffering | Applies if you were uninsured, impaired, or committing a crime at the time of the accident |
| New trial order | Juries must now decide fault first — before they even consider whether your injury counts as "serious" |
Why This Matters for Regular People
Important Point: Because so much now depends on who’s at fault, evidence collected early can make or break your case.
If you’re in a crash, these things matter more than ever:
- Photos of the crash scene (vehicle positions, damage, road conditions)
- Witness statements (get names and numbers fast — memories fade)
- Police report (call 911 even for "minor" crashes)
- Medical records (seek care right away, even if you feel okay)
Think of it like this: The new law gives insurance companies a playbook to deny claims. Your evidence is your defense.
What You Should Do If You’re in a Crash: 5 Steps
- Call 911 — Get a police report on record immediately.
- Take photos — Of everything: cars, streets, signs, injuries, weather.
- Talk to witnesses — Get names, phone numbers, and what they saw.
- See a doctor — Even if you feel fine. Some injuries show up days later.
- Call a lawyer early — Before you talk to the other driver’s insurance company.
About Shulman & Hill
- Founded in 2013 by attorneys Alex Shulman and J.J. Hill
- Headquartered in Manhattan with offices across all five boroughs and Long Island
- Focus: Personal injury and workers’ compensation
- Special experience: Construction accidents and New York Labor Law cases
- 200+ years of combined legal experience
- $1+ billion recovered for 26,000+ clients
- Work on contingency basis (no fee unless you win)
- Travel to clients for consultations
- Conduct in-depth, in-house investigations
Their promise: "Despite the challenges that these new laws present, Shulman & Hill will continue fighting for the compensation that injured New Yorkers deserve."
Summary
New York’s 2026 tort reform, tucked into the state budget, fundamentally changes how car accident claims work:
- Over 50% at fault? → $0 for pain and suffering
- 90/180-day rule? → Eliminated
- New caps for uninsured/impaired drivers
- Juries decide fault first — before injury severity
Bottom line: Evidence wins cases now more than ever. If you’re hurt in a crash, act fast, document everything, and get legal help early.
FAQ
1. Does this law apply to crashes that happened before May 2026?
No. The new rules apply to lawsuits filed after the law took effect in late May 2026. If your crash happened before then, the old rules likely still apply — but talk to a lawyer to be sure.
2. Can I still recover medical bills and lost wages if I’m over 50% at fault?
Yes. The 50% bar only applies to pain and suffering damages. You may still recover economic damages (medical costs, lost income) through New York’s no-fault system — but those have their own limits.
3. What counts as "pain and suffering"?
It’s compensation for physical pain, emotional distress, loss of enjoyment of life, and similar non-monetary harms. Things like not being able to play with your kids, sleep through the night, or enjoy hobbies.
4. How does an insurance company prove I was more than 50% at fault?
They use police reports, witness statements, traffic camera footage, vehicle data (black boxes), accident reconstruction experts, and your own statements. That’s why what you say and do right after a crash matters enormously.
5. Do I need a lawyer for a "minor" crash?
Yes — more than ever. Even seemingly small crashes can lead to serious injuries that appear days later. And with the new fault rules, insurers will fight harder to pin blame on you. A lawyer protects your rights from day one.
Source: Shulman & Hill press release via EIN Presswire, August 18, 2026