New York Eliminates the 90/180-Day Rule for Car Accident Claims

New York has made a significant change to the law governing personal injury claims arising from motor vehicle accidents. Effective May 26, 2026, New York eliminated the so-called “90/180-day” category from the statutory definition of a serious injury. This change can make it more difficult for some car accident victims to meet the threshold required to pursue compensation for pain and suffering, particularly when their injuries are serious enough to interfere with their daily lives but are not permanent.

The change does not eliminate New York’s serious injury threshold. Several other categories of serious injury remain available, including fractures, significant disfigurement, permanent loss of use, permanent consequential limitation of use, and significant limitation of use. But because the 90/180-day category is no longer available for applicable new cases, understanding the law and documenting injuries properly has become even more important.

At Dupée & Monroe, P.C., we represent car accident victims in Goshen and throughout Orange County and the Hudson Valley. The recent change makes experienced legal representation particularly important for anyone who has suffered significant injuries in a New York motor vehicle accident.

What Is the Serious Injury Threshold?

New York’s no-fault system provides benefits for medical expenses and some basic economic losses after a motor vehicle accident regardless of who caused the crash. Instead of having to file a lawsuit and prove another party was responsible, an injury victim can file a no-fault claim for benefits that include:

• Medical Expenses: All reasonable and necessary medical, hospital, surgical, prescription drug, and rehabilitation costs.
• Lost Wages: 80 percent of lost earnings from work, up to $2,000 per month, for up to three years.
• Other Essential Expenses: Up to $25 per day for up to one year for household help or transportation to medical visits.

But recovering damages for pain and suffering from the at-fault party is subject to the serious injury threshold. Unless one incurs a serious injury as defined in the law, they cannot bring a claim against the at-fault driver for the full range of economic and non-economic damages typically available in a personal injury case. That makes the statutory definition of serious injury a critical part of many car accident cases.

What Was the 90/180-Day Serious Injury Rule?

Before the 2026 amendment, New York Insurance Law § 5102(d) included a category of serious injury based on the impact an injury had on a person’s ability to perform their normal daily activities. Under this category, an injured person could establish a serious injury by demonstrating that they suffered a medically determined, nonpermanent 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 injury. This was commonly known as the “90/180-day rule.”

The category was particularly relevant in cases involving injuries that were substantial and disruptive but did not necessarily result in permanent limitations. For example, an accident victim might suffer an injury that required extensive treatment and prevented them from working, caring for their household, or participating in normal activities for several months, but ultimately improve enough that the condition was not considered permanent. Under the former law, those circumstances could potentially satisfy the serious injury threshold.

What Changed in 2026?

Part EE of Chapter 58 of the Laws of 2026 amended Insurance Law § 5102(d) by removing the 90/180-day category from the definition of serious injury. The amendment took effect May 26, 2026, and applies to actions and proceedings commenced on or after that date. This is an important distinction: New York has not eliminated the serious injury threshold. Instead, lawmakers eliminated one way of satisfying it. The remaining categories include:

• Death
• Dismemberment
• Significant disfigurement
• 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, and
• Significant limitation of use of a body function or system.

Consequently, an injury that previously might have qualified under the 90/180-day category must now qualify under another applicable category for a claimant to pursue non-economic damages in a covered motor vehicle case.

Does the New Law Mean You Cannot Recover for a Temporary Injury?

The elimination of the 90/180-day category does not mean that every temporary injury is excluded from a personal injury lawsuit. An injury may still qualify under another category of serious injury. For example, a fracture remains expressly included in the statutory definition. Likewise, an injury that results in a significant limitation of use of a body function or system may still satisfy the threshold, depending on the medical evidence and circumstances of the case. This is one reason it is important not to assume that an injury fails the serious injury threshold simply because it is not permanent. The legal analysis is more nuanced and depends on the specific injury, its limitations, the medical evidence, and the applicable statutory category.

Medical Documentation Is More Important Than Ever

With the 90/180-day category gone, careful medical documentation is critical. An injured person should seek appropriate medical attention after a crash and follow the treating physician’s recommendations. Medical records can establish the nature of the injury, the treatment provided, objective findings, limitations on physical function, and the relationship between the injury and the accident. For claims based on significant or permanent limitations, objective medical evidence may be particularly important. Doctors may need to document limitations in range of motion or other measurable effects on bodily functions. Gaps in treatment or inconsistent medical documentation can also become issues that insurance companies use to challenge a claim. The important point is that the legal significance of an injury cannot be determined simply by how much pain a person experiences. The available medical evidence must establish the injury and its impact in a way that satisfies one of the remaining statutory categories.

Why the Date of the Accident Is Important

The 2026 amendment took effect May 26, 2026, and the change to the serious injury threshold applies to actions and proceedings commenced on or after that date. That means the timing of a lawsuit can matter when determining which version of the statute applies. Someone involved in a motor vehicle accident around the time of the legislative change should not assume that the applicable law can be determined solely by looking at the date of the collision. Because the transition can involve important legal issues, anyone injured in an accident around this period should have an attorney evaluate the specific circumstances of the case.

Legal Representation Is More Important Than Ever

The elimination of the 90/180-day category makes the serious injury threshold more consequential for many accident victims. Insurance companies will examine medical records closely and may argue that an injury does not meet any of the remaining statutory categories. An insurance company’s conclusion, however, is not necessarily the final word. An experienced personal injury attorney can evaluate the medical evidence, identify which serious injury category may apply, obtain additional records, consult medical experts when appropriate, and challenge an insurer’s attempt to deny or undervalue a claim. This is also important because the facts of a case may support more than one theory. An injury that does not qualify under one category may potentially qualify under another. Understanding those distinctions requires careful analysis of both the medical evidence and New York law.

What Should You Do After a New York Car Accident?

Following an accident, obtaining appropriate medical treatment should be a priority. It is also important to preserve evidence concerning the collision and your injuries. Keep medical records, bills, employment records, and other documentation related to the accident and its consequences. Do not assume that an insurance company’s assessment of your injury is correct. The insurer’s objective is to evaluate its financial exposure, while your attorney’s job is to protect your legal interests. The 2026 change to New York’s serious injury law makes early legal evaluation particularly valuable. A lawyer can determine whether the facts of your case satisfy one of the remaining categories and help ensure that evidence supporting your claim is properly developed.

Call Dupée & Monroe, P.C. for Help After a New York Car Accident

New York’s elimination of the 90/180-day serious injury category represents an important change for people injured in motor vehicle accidents. Although the serious injury threshold remains in place, one significant pathway for satisfying that threshold is no longer available in applicable cases. At Dupée & Monroe, P.C., we understand how these changes can affect car accident claims. Our Goshen injury attorneys represent injured drivers and passengers throughout Orange County and the Hudson Valley, helping clients understand their rights, investigate their injuries, and pursue the compensation available under New York law.

If you or a loved one has been injured in a car accident, do not assume that you cannot pursue a personal injury claim simply because your injury is not permanent or because an insurance company says you have not suffered a serious injury. Instead, contact Dupée & Monroe, P.C. for a free consultation. We’ll review the circumstances of your accident, evaluate your injuries, and help you understand your legal options.