What Changed on May 7, 2026
Governor Kathy Hochul's $268 billion 2026-27 state budget, signed into law May 7, 2026, contains sweeping changes to how personal injury claims are handled in New York. This is the biggest restructuring of NY's no-fault and tort system since the 1970s.
Key Changes — Plain English
1. The 90/180 Rule Is Gone
Previously, under Insurance Law §5102(d), if your injuries kept you from living your normal life for 90 out of the first 180 days after a crash, you could sue for pain and suffering even if you eventually fully recovered. That category has been eliminated.
Now, to sue beyond your no-fault coverage, your injury must meet objective medical standards — fractures, permanent loss of function, or other objectively measurable criteria.
2. Objective Medical Evidence Required
Insurers and courts will now require objective clinical findings — imaging results, EMG tests, range-of-motion measurements, clinical diagnoses — to establish serious injury. Subjective complaints alone are no longer sufficient.
3. 51% Fault Rule
If a jury finds you more than 50% responsible for your own crash, you recover nothing on non-economic damages (pain and suffering). Previously, NY used pure comparative fault — even a 90% responsible plaintiff could recover 10% of their damages.
4. What Did NOT Change
- The 30-day no-fault PIP filing deadline still applies
- No-fault coverage still pays up to $50,000 for medical expenses and lost wages regardless of fault
- Joint-and-several liability reform was dropped from the final deal
Why Same-Day Medical Documentation Is Now More Important
Under the new law, the clinical records created in the hours and days after your accident are your most critical legal asset. Without objective documentation — imaging reports, clinical findings, functional assessments — you may not be able to establish serious injury even if you're in significant pain.
Waiting days or weeks to see a doctor gives insurers grounds to argue your injuries were not caused by the accident or are not objectively serious. Always seek medical evaluation same-day or within 24 hours.
This article is for educational purposes only and does not constitute legal advice. Consult a licensed New York personal injury attorney for guidance specific to your situation.
The New Law & Your Rights
The 90/180 rule is gone. To protect your right to compensation, you need objective medical records created the same day as your accident. MAIC provides same-day injury evaluation — walk-ins welcome.
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