Nueva York concluyó la reclamación por lesiones graves en accidentes de tráfico de 90/180: ¿Qué significa esto para usted?

If you were hurt in a car accident in New York, a 2026 change to the state's no-fault law may affect whether you can sue for your pain and suffering. The Legislature removed one of the ways injury victims used to qualify to bring a lawsuit: the category lawyers call the "90/180" claim. Here is what that means in plain English.

First, how New York no-fault works

In most New York car accident cases, you cannot sue the other driver for pain and suffering unless your injury meets the legal definition of a "serious injury" under Ley de Seguros de Nueva York § 5102(d). No-fault benefits cover your medical bills and some lost earnings no matter who caused the crash. But to recover for the human cost of an injury (the pain, the limitations, the lasting effects), you have to clear that serious-injury bar.

Some injuries clear it on their own: death, dismemberment, a broken bone, significant disfigurement such as a serious scar, or the loss of a pregnancy. Most car accidents don't cause injuries like those. That doesn't mean you weren't seriously hurt, and the law has other categories for exactly those people.

What the 90/180 category was

One of those other categories was the "90/180" rule. If your injury was not permanent but kept you from performing substantially all of your usual daily activities for at least 90 of the first 180 days after the crash, you could qualify. It mattered for people with real but temporary injuries: someone out of work and sidelined from daily life for months who then recovered.

What changed in 2026

New York's 2026 state budget removed the 90/180 category from the serious-injury definition. The key detail is timing. The change applies to lawsuits started on or after May 26, 2026. It turns on the date your lawsuit is filed, not the date of your accident. If you were hurt before May 26 but your case had not yet been filed, the new rule can still apply to you.

The good news: the other categories still apply

The 90/180 route is gone for new cases, but the other ways to prove a serious injury remain, including:

• Una fractura de hueso
• Desfiguración significativa
• 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

Many serious injuries still qualify. Whether yours does usually comes down to the medical proof: the right doctors, the right testing and the right documentation from the start. That is where an experienced injury lawyer makes the difference.

Other changes in the same law

The same 2026 law made two more changes to car accident cases filed on or after May 26, 2026:

• Si tu culpa es superior a 50%, you can no longer recover for pain and suffering. Before, New York let you recover a reduced amount however much you were at fault.
• A $100,000 cap on pain and suffering applies to an injured driver who was at fault and was driving their own uninsured vehicle, or was convicted of driving impaired or of a felony connected to the crash. Economic losses like medical bills and lost wages are not capped.

These provisions are detailed and fact-specific. The smart move is to have a lawyer look at how they apply to your accident before you make any decisions.

Talk to us before the clock runs

Because the filing date now decides which rules apply, waiting can cost you. If you or a family member was hurt in a car accident in New York, MooreJustice Abogados de Accidentes y Lesiones can review your case, explain your options and protect your right to recover. Contáctenos or call 888-444-ATTY for a free, no-obligation consultation.

Sobre Darren T. Moore. Darren T. Moore es el fundador de MooreJustice Accident & Injury Lawyers en la ciudad de Nueva York y un abogado de casos judiciales que representa a personas gravemente heridas en accidentes de tráfico. accidentes de construcción, Accidente de camión, accidentes de coche y mala praxis médica casos. Lee más sobre Darren.

Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. For advice about your specific situation, consult a licensed New York attorney.