Zealous Advocacy for Injured Drivers Under New York’s New Crash Rules
A collision on the Meadowbrook Parkway or Old Country Road can cost you your health, your paycheck, and your peace of mind in one afternoon. It can also cost you your case if you handle it the way New York law worked a year ago. The Saul Law Firm, LLP represents people hurt in crashes across Garden City, Long Island, and New York City, and our personal injury practice moves fast on the evidence that decides these claims.
Why Injured Drivers Trust The Saul Law Firm
A car accident claim now hinges on rules that recently changed. Timing and evidence matter more than ever. Drivers across Long Island choose The Saul Law Firm for reasons that hold up once an adjuster pushes back:
- A family firm, not a case mill. You get direct access to real attorneys, not case managers. Our motto is Our Family Serving Yours.
- More than two decades of experience handling New York car accident claims. Richard D. Saul practices personal injury law here.
- Deep knowledge of the no-fault system. We work inside Article 51, including the serious injury threshold that decides whether you can recover for pain and suffering.
- No attorney fee unless we recover. Injury cases run on contingency, and the first consultation is free.
- Reach across the region. We serve Garden City, Nassau County, Suffolk County, Long Island, and all five New York City boroughs.
Insurers move off a low number when they believe a firm will actually try the case. We build every file that way from the first call, under the rules as they stand today.
What New York’s 2026 Reforms Changed for Crash Victims
New York rewrote core parts of its car accident law in 2026. Part EE of Chapter 58 of the Laws of 2026 took effect on May 26, 2026, and state regulators confirmed in published guidance to auto insurers that it applies to every action commenced on or after that date, whatever the accident date.
Partial Fault Can Now End a Claim Outright
CPLR 1411(b) bars recovery in a no-fault injury action when the claimant’s culpable conduct is greater than that of the person or persons sued. Pure comparative negligence still governs other New York negligence cases.
Fault Is Decided Before Injury
Insurance Law 5104(a) now requires the trier of fact to determine fault before deciding whether an injury is serious. That sequencing means a jury never reaches your medical proof, your pain, or your damages until it first decides who was at fault.
A $100,000 Cap Reaches Some At-Fault Drivers
For an at-fault injured person who is not already barred from recovering, Insurance Law 5104(d) limits non-economic damages in a serious-injury case to $100,000 when that person drove uninsured while required to insure that vehicle, although a lapse of under 30 days does not trigger the cap. It also reaches a driver convicted of impaired driving, or of a felony committed at the time of the crash, and it does not apply to death claims.
If another page told you that partial blame only trims your recovery, that advice is out of date. Because filing date, not accident date, determines which rules apply, confirm with an attorney which framework governs your claim before you assume the old comparative-negligence rules still protect you.
What Counts as a Serious Injury in New York Today
In a claim between people covered by New York’s no-fault law, the statute bars recovery for pain and suffering unless the injury fits the statutory definition:
- 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
The 90 of 180 days category was deleted from the statute in 2026, so time away from your routine is no longer a route to the threshold. A soft tissue injury must instead be documented as a significant limitation of use of a body function or system, which takes early imaging, consistent treatment, and measurable medical documentation.
Deadlines That Can End Your Claim Before It Starts
A crash claim runs on several clocks at once, and missing any one of them can be fatal to the case.
- The driver must report the crash to the DMV within 10 days. Vehicle and Traffic Law 605 requires a written report to the commissioner when anyone is killed or injured, or when damage to any one person’s property exceeds $1,000.
- Notify the no-fault insurer within 30 days. The prescribed endorsement requires written notice as soon as reasonably practicable, and no more than 30 days after the accident, absent written proof of a clear and reasonable justification.
- Serve a municipal notice of claim within 90 days. General Municipal Law 50-e runs the 90 days from the date the claim arises, or in a wrongful death case from the appointment of the estate’s representative. A court may extend that time.
- Sue a municipality within one year and 90 days. General Municipal Law 50-i sets that period for a city, county, town, village, fire district, or school district. A wrongful death action against one of them may be brought within two years of the death.
- Sue everyone else within three years, or two for wrongful death. CPLR 214(5) sets the three-year personal injury period, and EPTL 5-4.1 requires a wrongful death action within two years of the death.
Different rules govern the State and public authorities such as the MTA, so tell us at once if a government vehicle or roadway defect played a part.
Schedule Your Free Consultation With a Garden City Car Accident Attorney
You should not have to work out New York’s new crash rules while you are still in physical therapy. Contact The Saul Law Firm for a free consultation. We will assess your claim and tell you what the 2026 changes mean for it. Let our family help your family.
Frequently Asked Questions
Can I still recover if the crash was partly my fault?
In most New York injury cases, yes, with damages reduced by your share of fault. Crash claims are now different. CPLR 1411(b) applies to actions commenced on or after May 26, 2026, and bars recovery entirely when your culpable conduct is greater than that of the people you sue. A driver 40% at fault can still recover a reduced amount. A driver 60% at fault recovers nothing.
How long do I have to file a car accident lawsuit in New York?
Three years from the crash under CPLR 214(5), and two years from the date of death for a wrongful death action under EPTL 5-4.1. Claims against a municipality run on the much shorter notice-of-claim clock described above, so call immediately if a government vehicle was involved.
Does no-fault coverage pay my medical bills no matter who caused the crash?
Usually, but not always. Basic economic loss covers up to $50,000 per person to pay medical expenses, lost earnings up to $2,000 per month for as long as three years, and lost earnings, which no-fault pays at 80%, up to $2,000 per month for as long as three years. It also includes $25 per day of other necessary expenses for up to one year. Insurance Law 5103(b) lets an insurer exclude a person injured while operating a vehicle intoxicated or drug impaired, but even then the insurer must still pay for necessary emergency health services at a general hospital. Separate exclusions carry no such protection. They reach injuries suffered while committing a felony, avoiding arrest, or racing, and injuries in a vehicle known to that person to be stolen or one that person owned without the required coverage.