By Christina Gullo, November 1, 2026
If you’ve been involved in a car accident in New York, the laws governing your right to recover compensation have recently changed significantly. And if you’re a motorcyclist, there’s something particularly important you need to understand: some of the biggest changes to New York’s car accident laws may not apply to you at all.
On May 27, 2026, Governor Kathy Hochul signed New York’s state budget, bringing sweeping changes to the laws governing automobile accident injury claims. These changes affect everything from who can recover compensation to how seriously injured someone must be before they can pursue damages for pain and suffering.
The legislation followed an extensive and historic lobbying effort by the rideshare industry, specifically Uber, which reportedly spent more than $8 million in New York by early April 2026 advocating for changes to personal injury liability laws.
I had the opportunity to help teach a class for the New York State Academy of Trial Lawyers on the very day the budget was signed. Along with my colleagues, we broke down the new legislation and its potential consequences for injured New Yorkers. We called the presentation “Justice, Totaled.”
It’s a fitting name.
Let’s look at what the latest New York car accident laws actually mean, particularly for those of us who ride motorcycles.
Three Major Changes to New York Car Accident Laws
The new restrictions apply to automobile accident lawsuits filed after May 27, 2026, and include lawsuits involving accidents that happened before that date.
Here are the three major changes every New York driver should understand.
1. You May Lose Your Right to Compensation If You’re More Than 50% at Fault
New York previously allowed someone who was partially responsible for an accident to recover compensation, even if they were mostly at fault. Their recovery was simply reduced according to their percentage of responsibility.
Under the new rules, that changes for automobile accident cases.
If a jury determines that you were more than 50% responsible for the accident, you cannot recover damages.
For example, if your damages total $100,000 but a jury determines you were 60% responsible for the crash, you could previously recover $40,000. Under the new law, you would recover nothing.
This makes determining fault in a New York car accident case more important than ever.
2. Proving a Serious Injury Just Became More Difficult
New York has long required people injured in automobile accidents to meet a legal definition of “serious injury” before recovering compensation for pain and suffering.
One way to meet that requirement was through what’s commonly called the 90/180-day rule. Generally, this allowed an injured person to qualify by demonstrating that their injuries prevented them from performing substantially all of their usual daily activities for at least 90 of the first 180 days following the accident.
The 2026 legislation eliminates this particular qualifying category.
That means injured drivers and passengers will need to rely on other qualifying serious injury categories when pursuing pain and suffering damages.
Medical documentation, diagnostic testing, and consistent treatment are going to be especially important when establishing the extent of an injury.
3. A $100,000 Cap on Pain and Suffering for Certain Drivers
The new legislation also creates a $100,000 limit on pain and suffering damages for certain people who are partially responsible for an automobile accident.
The restriction applies when the injured person is partially at fault and meets one of three additional conditions:
- They were driving without insurance for 30 days or more.
- They were driving while impaired and convicted of the offense.
- They were committing a felony and convicted of the offense.
The cap applies regardless of how serious the person’s injuries might be. There is an exception when the accident results in someone’s death.
These restrictions could have significant consequences for people injured in New York automobile accidents.
Do the New York Car Accident Law Changes Apply to Motorcycle Accidents?
Here’s where things get particularly interesting for motorcyclists.
New York motorcycles are excluded from the state’s No-Fault insurance system. That exclusion has traditionally been a disadvantage for injured riders because they don’t receive the same automatic $50,000 in No-Fault medical benefits available to people injured in automobiles.
But in this instance, that distinction may actually work in a rider’s favor.
The new restrictions were written into the No-Fault portion of New York law. Because motorcycles are excluded from No-Fault, our position is that the new $100,000 pain and suffering cap does not apply to injured motorcyclists. We also believe the elimination of the 90/180-day serious injury category does not affect motorcycle accident claims.
That’s potentially very good news for riders.
However, there’s an important qualification.
Having previously represented insurance companies, I know firsthand how aggressively insurers can defend their financial interests. I expect insurance companies to challenge these interpretations and attempt to extend the new restrictions to motorcycle accident claims.
It will likely result in court decisions to resolve these questions definitively.
This is precisely why motorcycle accident cases require an attorney who understands the differences between motorcycle claims and automobile accident claims. The rules aren’t necessarily the same, and assuming they are could be a costly mistake.
What These Changes Mean When You’re Not Riding
As much as we’d all like to ride year-round, those of us in Western New York know that’s not always practical.
When you’re driving your car or truck, or riding as a passenger, the new automobile accident restrictions apply to you and your family.
As we head into another New York winter, here are five things I’d encourage everyone to do.
1. Review Your Auto and Motorcycle Insurance Coverage.
Don’t assume the minimum insurance coverage is enough to protect you. Consider your Supplementary Uninsured/Underinsured Motorist (SUM) coverage and Medical Payments coverage on both your automobile and motorcycle policies.
The insurance coverage you purchase for yourself can make a tremendous difference after an accident.
2. Never Let Your Insurance Coverage Lapse.
If you’re putting your motorcycle away for the winter, make sure you understand the consequences of changing or canceling your coverage.
If you’re dropping coverage on a vehicle, turn in the license plates and properly park it. Driving uninsured for 30 days or more could now have serious consequences for your ability to recover pain and suffering damages if you’re involved in an accident.
3. Seek Medical Attention and Follow Your Treatment Plan.
After any accident, get checked out by a medical professional, even if you initially believe your injuries are minor.
Keep your appointments, follow your treatment recommendations, and maintain records of your medical care. With the elimination of the 90/180-day injury category, documenting your injuries and their effects is more important than ever.
4. Pay Attention to Your Auto Insurance Premiums.
One of the arguments made in support of these legislative changes was that limiting injury claims would ultimately help reduce insurance premiums.
Beginning November 27, 2026, insurers will need state approval before increasing auto insurance rates. Additionally, if an insurer reduces rates as a result of these changes, it must notify policyholders.
Keep an eye on your renewal notices. If you aren’t seeing the promised savings, ask your insurance agent what’s happening.
5. Talk to an Experienced New York Personal Injury Attorney.
If you’re involved in a car, truck, or motorcycle accident, don’t assume you understand your rights under the new legislation.
The rules governing accident claims have changed, and the distinction between automobile and motorcycle cases could be particularly important.
An experienced attorney can help you understand your options, evaluate the available insurance coverage, and protect your interests.
Know Your Rights Before You Need Them
The 2026 changes to New York’s automobile accident laws are significant. They affect how fault is determined, which injuries qualify for compensation, and how much certain injured people may recover.
For motorcyclists, the distinction between No-Fault automobile claims and motorcycle accident claims could prove especially important.
At the Kantor Gullo Law Firm, we believe that understanding your insurance coverage is one of the best ways to protect yourself before an accident happens.
That’s why we offer free motorcycle insurance declarations-page reviews at the events we attend throughout Western New York. We’re also happy to visit your motorcycle club or ABATE chapter meeting to discuss insurance coverage, rider rights, and the changing laws affecting New York motorcyclists.
And if you’ve been injured in an accident, we’re here to help you understand your legal options.
The laws may have changed, but our commitment to injured New Yorkers hasn’t.
Stay safe. Stay informed. And keep the rubber side down.
Christina Gullo
Attorney and Partner, The Kantor Gullo Law Firm
New York’s Motorcycle Injury Attorneys
