A Major Shift for Anyone Filing Now
New York’s auto insurance and injury laws just went through their biggest overhaul in decades, and the changes affect anyone pursuing a car accident claim in the Bronx today. Two pieces of this reform matter most: what counts as a serious injury, and how shared fault affects what a claimant can recover.
The Serious Injury Threshold Just Got Narrower
Under New York’s no fault system, a car accident victim generally cannot sue for pain and suffering unless their injury meets the definition of a serious injury under Insurance Law § 5102(d). Effective May 26, 2026, one of the nine statutory categories, commonly called the 90/180 day rule, was eliminated entirely for actions commenced on or after that specific date. That category previously covered non permanent injuries that prevented someone from performing their usual activities for at least 90 of the 180 days following an accident.
- Fracture, significant disfigurement, and permanent loss of use remain valid categories
- Permanent consequential limitation and significant limitation of use remain valid
- The 90/180 day category no longer qualifies as a serious injury
- The filing date, not the accident date, determines which version of the law applies
Why This Change Hits Soft Tissue Injuries Hardest
The 90/180 category was historically the path many whiplash and soft tissue injury claims relied on, since these injuries often disrupt daily life for months without leaving a permanent mark. With that category gone, claimants with these kinds of injuries now need to fit within one of the remaining categories, such as a significant limitation of use, which generally requires more thorough medical documentation than the old 90/180 standard did.
Fault Rules Changed at the Same Time
Alongside the threshold change, New York shifted from a pure comparative fault system to a modified rule that bars recovery of non-economic damages, meaning pain and suffering, for a plaintiff found more than fifty percent at fault for the accident. Previously, a claimant could recover reduced compensation regardless of how much fault they carried. That safety net for heavily at fault claimants no longer exists for pain and suffering damages.
This modified fault rule also changes how litigation unfolds procedurally. Under the reform, juries are now required to allocate fault percentages before deciding whether an injury clears the serious injury threshold, a sequencing change from prior practice. That means fault findings can end a case before the injury itself is ever fully evaluated on its merits.
Why Documentation Matters More Than Ever
With the 90/180 category gone and the fault bar now in place, building a claim around one of the remaining serious injury categories requires stronger evidence from the outset. Complete medical records, consistent treatment history, and imaging performed close to the time of the accident all matter more under the tightened standard than they did before. A Bronx personal injury lawyer building a claim now has to think about threshold questions earlier in the process than the old law required.
What This Means for Claims Filed Going Forward
Because the changes apply based on when an action is commenced rather than when the accident happened, timing has taken on new significance. A Bronx personal injury lawyer evaluating a claim now factors in both the new threshold categories and the fault bar when assessing how strong a case actually is, rather than relying on assumptions from before the reform took effect.
Adjusting to the New Legal Environment
These changes represent the most significant shift to New York injury law in years, and claims that would have cleared the threshold easily under the old rules may now require considerably more preparation. The Edelsteins, Faegenburg, & Blyakher LLP has represented Bronx accident victims for three generations, and that experience now includes building cases that meet these tightened standards from day one, rather than adjusting strategy after a threshold motion has already been filed.