New York is facing massive changes that completely rewrite how car accident claims are handled and valued. To ensure you are up to speed on these legislative shifts, please continue reading and contact an experienced New York City Car Accident Attorney. If you wait too long to figure out how these new rules apply to your case, you risk your chances of recovering compensation for your losses.
What Changed for New York Car Accident Victims?
The new laws enacted by Governor Kathy Hochul have drastically changed New York’s car accident and insurance rules. These new updates basically throw out the old playbook for injury claims. Here’s what changed:
- Goodbye to the 90/180-Day Serious Injury Window: To sue for pain and suffering in New York, you must prove that you suffered a “serious injury.” The state recently got rid of the old 90/180-day category, which allowed individuals to qualify if a temporary injury kept them from their normal daily routine for 90 out of the first 180 days after the collision. Now, the state has closed that legal route and made it significantly harder to secure compensation.
- New Ordinance for Insurance Claims: The way the jury evaluates a case has been flipped. Now, a jury must determine who was at fault for the accident before they are allowed to assess whether your injuries are severe enough to meet the “serious injury” threshold.
- Switch to Modified Comparative Fault: New York has historically adhered to a “pure” comparative negligence rule. Under this doctrine, victims are eligible for compensation even if they were 99% at fault for the crash. Now, the state operates under a modified comparative negligence system. This means that if the jury determines you were 51% or more at fault for the crash, you are barred from recovering compensation for your losses.
- Cap for Certain Drivers: Pain and suffering damages are now strictly capped at $100,000 for specific drivers (though this doesn’t apply to wrongful death cases). If you are caught driving an uninsured vehicle, driving while impaired, or if you were committing or fleeing from a felony, you will face the payout cap.
How Will These New Rules Affect Your Settlement?
As you can probably tell, these updates make it much more difficult to qualify for compensation and completely change legal strategies. If you want the best possible shot at a fair settlement, it’s advisable to seek prompt medical care and preserve every piece of evidence from the crash. Furthermore, don’t speak to an insurance adjuster until you have a lawyer by your side.
At Swerling Law, we are prepared to help you fight for the compensation you need to get your life back on track. Connect with our firm today to schedule a consultation.