The New York State Legislature and Governor Kathy Hochul have enacted tort reform legislation affecting motor vehicle claims and lawsuits commenced on or after April 26, 2026. The new law changes comparative negligence rules, alters the definition of “serious injury” for No-Fault purposes, imposes a damages cap for those convicted of certain unlawful conduct, and modifies the sequence for determining serious injury and fault.
Hurwitz Fine attorneys Dan D. Kohane and Brigette R. Whitmore’s article in the New York Law Journal, "Besides Ambiguity, What’s in the New Motor Vehicle ‘Tort Reform’ Law?" relays all of the details of these very significant amendments, reviewing those changes, focusing on what is clear while keeping a careful eye on the questions that remain unresolved.
