New York Removes the 90/180 Rule for Car Accident Claims

A significant change to New York’s motor vehicle accident laws took effect in 2026, eliminating the 90/180-day category from the state’s serious injury threshold. The change affects when an injured person may pursue compensation for non-economic losses, such as pain and suffering, after a car accident. At Rusk, Wadlin, Heppner & Martuscello, LLP, our Kingston auto accident attorneys help crash victims throughout Ulster County and the Hudson Valley understand how changes in New York law may affect their rights and their ability to pursue compensation after a motor vehicle collision.

What Was the 90/180 Rule?

New York is a no-fault insurance state. Generally, people injured in motor vehicle accidents first turn to their own no-fault coverage for basic economic losses, regardless of who caused the collision. No-fault insurance, also known as Personal Injury Protection or PIP, covers necessary medical bills, 80% of lost earnings up to $2,000 a month for three years, and up to $25 per day for essential household services. However, this law does not allow an accident victim to sue the negligent driver who caused the crash and recover so-called non-economic damages, such as pain and suffering, unless the victim suffered a “serious injury” as defined by New York Insurance Law § 5102(d).

Section 5102(d) defines a serious injury as a personal injury which results in:

• 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.

Suffering one of these injuries in a crash meets the “serious injury threshold,” authorizing the injured victim to bring a civil negligence claim against the at-fault driver.

Before the 2026 change to the law, one of the statutory categories was commonly known as the 90/180 rule. It applied when a person suffered a medically determined, non-permanent injury or impairment that prevented them from performing substantially all of the material acts that made up their usual and customary daily activities for at least 90 days during the 180 days immediately following the accident.

This category was different from the permanent injury categories in the statute. A person did not necessarily need to establish a permanent loss of use or permanent consequential limitation. Instead, the focus was on the extent to which a medically determined injury interfered with the person’s ordinary activities during the first six months following the crash.

The 90/180 Category Has Been Removed

New York’s 2026 motor vehicle insurance reforms eliminated that category from the definition of serious injury. The New York Department of Financial Services confirms that the amendment to Insurance Law § 5102(d) deleted the language concerning a medically determined, non-permanent injury that prevents a person from performing substantially all of their usual and customary activities for at least 90 of the first 180 days following an accident. The amendment took effect May 26, 2026, and applies to actions and proceedings commenced on or after that date.

The change does not eliminate New York’s serious injury threshold altogether. The other statutory categories remain in place. Consequently, an accident victim may still qualify to pursue non-economic damages under one of the remaining serious injury categories. The important change is that an injury cannot qualify based on the former 90/180-day standard.

What Does the Change Mean for Injured Drivers?

The practical effect will depend heavily on the nature of the injury and the evidence available to establish it. Someone who suffered a temporary but substantial injury after a crash may previously have relied on the 90/180 category if the injury prevented them from performing most of their normal activities for the required period. That pathway is no longer available for actions covered by the amendment.

This makes accurate diagnosis and careful documentation of injuries particularly important. Medical records, diagnostic imaging, treatment notes, physician evaluations, and other evidence may help establish whether an injury falls within one of the remaining serious injury categories. For example, a person who suffers a fracture may qualify under the fracture category even if the injury ultimately heals. Similarly, an injury that formerly would have met the 90/180 standard may qualify if it produces a significant limitation of a bodily function.

Determining whether an injury meets one of these categories is a fact-specific process. The diagnosis alone may not answer the question. Courts may examine medical evidence concerning the nature, extent, duration, and limitations associated with an injury.

The Law Also Changed How Fault and Serious Injury Are Considered

The 2026 reforms made another important procedural change involving motor vehicle accident cases. Under amended Insurance Law § 5104(a), when a plaintiff seeks non-economic damages under New York’s no-fault law, the trier of fact must first determine who was at fault before determining whether the plaintiff suffered a serious injury.

This change is significant because fault and the serious injury threshold are both fundamental issues in a motor vehicle personal injury case. The sequence established by the new law means that determining responsibility for the accident comes first in an action seeking non-economic damages.

The 2026 reforms also changed New York’s comparative negligence rules for these cases. New CPLR § 1411(b) provides that an injured claimant’s culpable conduct bars recovery when the claimant’s culpable conduct is greater than the culpable conduct of the defendant or the combined culpable conduct of the defendants against whom recovery is sought. In other words, if the injured victim shares more than 50% of the blame, they cannot pursue a claim against the other negligent driver, regardless of how serious their injuries are.

These changes make careful evaluation of liability especially important for people injured in New York car accidents.

Why Medical Documentation Is More Important Than Ever

Under the former 90/180 rule, documentation showing how an injury affected a person’s normal activities during the first six months could be particularly important to establishing that category of serious injury. Although that specific category has been eliminated, medical documentation remains essential. Medical evidence may be necessary to establish that an injury falls within one of the remaining serious injury categories. A physician can document limitations in range of motion, functional impairment, permanent consequences, or other findings relevant to the applicable statutory threshold. An injured person should follow recommended treatment and make sure symptoms and functional limitations are accurately documented. Gaps in treatment or inconsistencies between medical records and later allegations about an injury can create questions about the severity or cause of the condition.

Insurance Companies May Take a Different Approach

The elimination of the 90/180 category may affect how insurance companies evaluate injury claims. Insurers are familiar with the statutory serious injury threshold and may scrutinize whether an injured person meets one of the categories that remain in the law. An insurance adjuster’s assessment, however, does not determine whether a person legally suffered a serious injury. Nor does an insurer have the final word on who caused an accident. Liability and serious injury are legal questions that may ultimately require litigation and judicial or jury determination. This is particularly important when an insurance company argues that an injured person does not meet the threshold or attempts to assign some responsibility for the crash to the injured driver. A thorough investigation may uncover evidence that contradicts the insurer’s position.

What Accident Victims Should Do After a Crash

Anyone injured in a New York motor vehicle accident should take the resulting injuries seriously, even if they initially appear relatively minor. Some injuries become more apparent over time, and obtaining appropriate medical evaluation creates a record of the condition and its progression. It is also important to preserve evidence concerning the accident itself. Photographs, witness information, police reports, vehicle damage, surveillance footage, and other evidence may help establish how the collision occurred and who was responsible. Because the 2026 reforms apply to actions and proceedings commenced on or after May 26, 2026, the date on which an action is commenced can be important when determining which rules apply.

Contact an Experienced Kingston Auto Accident Attorney

New York’s elimination of the 90/180 serious injury category represents a significant change for people pursuing personal injury claims after motor vehicle accidents. The change does not eliminate the serious injury threshold, but it removes one route for establishing that threshold and places greater importance on the remaining statutory categories and the medical evidence supporting them.

At Rusk, Wadlin, Heppner & Martuscello, LLP, we understand how these changes can affect injured drivers and passengers in Kingston, Ulster County, and throughout the Hudson Valley. If you have been injured in a car accident, contact the firm to discuss your injuries, the circumstances of the crash, and whether your claim may satisfy New York’s current serious injury requirements. Our attorneys can investigate the accident, challenge insurance company positions, and work to protect your right to pursue the compensation you may be entitled to receive. Call 845-331-4100 in Kingston, 845-236-4411 in Marlboro, or 800-566-4101 toll-free throughout the Hudson Valley.