A major change to New York’s car accident laws took effect on May 27, 2026, and many injured New Yorkers may not yet understand how significantly their rights have been restricted. While much of the public attention has focused on changes to fault and liability rules, another change may prove equally damaging for accident victims: the elimination of the “90/180 day rule.”
For decades, this rule provided an important avenue for injured people to recover compensation after serious, but non-permanent, injuries. Its elimination is expected to have a dramatic impact on many common car accident cases.
Understanding New York’s Serious Injury Requirement
New York’s no-fault insurance system has always limited when someone injured in a car accident can pursue damages for pain and suffering. In order to bring a lawsuit, an injured person must prove that they sustained a “serious injury” as defined by New York law.
Over the years, the law recognized several categories of serious injury, including death, dismemberment, fractures, significant disfigurement, permanent loss of use, permanent consequential limitation of use, significant limitation of use, and the well-known 90/180 day rule.
For many accident victims, particularly those who suffered injuries that required extensive treatment but eventually improved, the 90/180 rule provided an important opportunity to seek compensation.
What the 90/180 Rule Protected
The 90/180 day rule allowed injured accident victims to recover damages if a medically determined injury prevented them from performing substantially all of their customary daily activities for at least 90 of the first 180 days following the accident. This rule recognized something that every injury victim already knows: not every serious injury is permanent.
A person suffering from severe neck injuries, back injuries, shoulder injuries, knee injuries, or a concussion may be unable to work, care for their family, participate in recreational activities, or perform everyday tasks for months. Even if they ultimately recovered, the law acknowledged that their suffering, limitations, and disruptions were real and deserving of compensation.
The elimination of this rule removes an important protection that many injured New Yorkers have relied upon for decades.
Who Will Be Most Affected?
The people most likely to feel the impact of this change are those who sustain injuries that are serious but difficult to classify as permanent.
Victims of herniated discs, soft tissue injuries, traumatic brain injuries, concussions, knee injuries, shoulder injuries, and other conditions requiring lengthy treatment may now face significantly greater obstacles in proving their cases. Insurance companies are expected to challenge these claims more aggressively, litigate more cases, and offer smaller settlements than they have in the past.
For many injured individuals, the practical result is that injuries that previously qualified for compensation may no longer meet New York’s increasingly restrictive standards.
This change represents a substantial victory for insurance companies and a significant loss of protections for accident victims throughout the state.
Why Early Action Matters More Than Ever
In today’s legal environment, obtaining prompt medical treatment and properly documenting injuries has become more important than ever. Medical records, diagnostic studies, specialist evaluations, and consistent treatment can all play a critical role in establishing the seriousness of an injury.
Just as importantly, injured individuals should seek experienced legal guidance as early as possible after an accident. Waiting too long or relying on information provided by insurance companies can seriously impact a person’s ability to protect their rights.
If you’ve been injured in a car accident, it is more important than ever to have the right experienced and knowledgeable attorney to properly advise you. For more than 35 years, Mark T. Freeley has helped injured Long Islanders navigate complex personal injury claims and fight for the compensation they deserve. Save his contact information now so you have it if you ever need it, and keep it safe out there. If you or a loved one has been injured, call Mark at 631-495-9435 or email him at mark@northshoreinjurylawyer.com.