New York Eliminated the 90/180-Day Injury Rule: What It Means for Your Claim
- September 25, 2026
If you’ve been hurt in a car accident in New York this year, there’s an important change to the rules for proving a serious injury that you need to know about. In May 2026, New York changed its personal injury laws by eliminating a category that many accident victims previously relied on. Here’s what changed and why it matters if you’re dealing with a claim.
What Actually Changed
On May 26, 2026, the Governor signed a new law that changed how New York handles auto accident injury claims. One of the biggest changes was the elimination of the “90/180-day” category that previously helped some injured people qualify for pain and suffering compensation.
Under the old rule, if an injury prevented you from performing your usual daily activities for at least 90 of the first 180 days after an accident, that could be enough to satisfy the “serious injury” threshold required to pursue compensation for pain and suffering.
That category is now gone.
What Counts as a “Serious Injury” Now
Without the 90/180-day option, an injury must generally fall into one of the remaining categories under New York’s serious injury threshold:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
If an injury doesn’t clearly fit into one of these categories, pursuing compensation beyond basic no-fault benefits can be considerably more difficult.
Why This Hits Some Injuries Harder Than Others
The change can have a particularly significant impact on injuries that are very real and painful but can be harder to establish through imaging alone.
Soft tissue injuries and some traumatic brain injuries, for example, may not show up clearly on an X-ray or MRI. Under the previous 90/180-day category, an injured person could potentially qualify for compensation based on the impact the injury had on their daily life even without clear imaging evidence.
That option is no longer available.
Fault Is Now Decided Before Your Injury Even Comes Up
Another important change is how these cases can proceed at trial. Juries are now required to determine fault before considering whether an injury meets the serious injury threshold.
In practical terms, that means a case can potentially be resolved based on fault before a jury ever considers how serious the injury actually was. This can significantly affect how an injury case is presented and defended at trial.
Why Timing and Documentation Matter More Than Ever
With the 90/180-day path gone, building a strong claim depends even more on documenting your injuries and the circumstances of the accident from the beginning.
That includes:
- Getting thorough and consistent medical care after the accident
- Making sure your injuries are properly documented and evaluated under the remaining serious injury categories
- Building a clear account of who was responsible for the accident
- Preserving evidence that can support both your injury claim and your version of what happened
- Working with an attorney who understands how to build a claim under the new rules
The sooner these issues are addressed, the more options you may have when pursuing your claim.
Frequently Asked Questions
Does this change apply to accidents that already happened before May 2026?
The new rules apply to actions and proceedings filed on or after May 26, 2026. If you were injured before that date but haven’t yet filed a claim, it’s important to speak with an attorney about which rules apply to your specific situation.
Can I still get compensation if my injury doesn’t fit one of the listed categories?
You may still be entitled to no-fault benefits, including medical costs and lost wages subject to applicable policy limits, even if you don’t meet the serious injury threshold.
However, pursuing additional compensation for pain and suffering can be much more difficult if your injury doesn’t fit into one of the remaining serious injury categories.
What if I’m partly at fault for my accident?
New York generally follows a comparative negligence approach, but the new process means fault is determined before the serious injury threshold is considered.
Being found significantly at fault can therefore affect your case earlier in the process than it would have under the previous procedure.
Why does this matter if my injury feels serious to me?
How an injury feels and how the law defines a “serious injury” aren’t always the same thing.
That’s one reason early legal guidance can be important. An attorney can review your medical records and the circumstances of the accident and help determine whether your injuries fit within one of the legal categories required to pursue a claim.
If you’ve been injured in an accident in New York, these changes make it more important than ever to get experienced legal guidance early. Contact Ianniello Chauvin, LLP for a free review of your personal injury claim. Our attorneys can help you understand how the new rules may affect your case and what steps to take next.