NEW YORK AUTO INSURANCE GUIDE
New York Serious-Injury Threshold, 2026 Reforms & Noneconomic Damages
New York limits recovery for noneconomic loss in motor-vehicle cases through Insurance Law Article 51. Part EE of Chapter 58 of the Laws of 2026 changed that framework effective May 26, 2026 for actions and proceedings commenced on or after that date.
- The former 90/180-day nonpermanent-injury category was deleted from Insurance Law § 5102(d).
- Insurance Law § 5104(a) now requires fault to be determined before the trier of fact determines whether a qualifying serious injury exists.
- New Insurance Law § 5104(d) imposes a $100,000 cap on noneconomic damages in specified cases involving an at-fault injured person who operated an uninsured vehicle required to be insured, operated while impaired and was convicted, or operated during commission of or immediate flight from a felony and was convicted. The cap does not apply to injuries resulting in death.
- CPLR § 1411(b) now bars recovery in Article 51 personal-injury actions when claimant culpable conduct is greater than the combined culpable conduct of the persons against whom recovery is sought.
Primary New York Source
Current-law review: September 17, 2026. The Part EE amendments took effect May 26, 2026 and apply to actions and proceedings commenced on or after that date.
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