{"id":5727,"date":"2026-10-17T19:15:26","date_gmt":"2026-10-17T23:15:26","guid":{"rendered":"https:\/\/www.injurylawatty.com\/blog\/new-york-90-180-serious-injury-rule-repealed\/"},"modified":"2026-10-17T19:16:41","modified_gmt":"2026-10-17T23:16:41","slug":"new-york-90-180-serious-injury-rule-repealed","status":"publish","type":"post","link":"https:\/\/www.injurylawatty.com\/es\/blog\/new-york-90-180-serious-injury-rule-repealed\/","title":{"rendered":"Nueva York concluy\u00f3 la reclamaci\u00f3n por lesiones graves en accidentes de tr\u00e1fico de 90\/180: \u00bfQu\u00e9 significa esto para usted?"},"content":{"rendered":"

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.<\/p>\n\n\n\n

\"Car
After a crash, whether you can sue for pain and suffering in New York depends on meeting the serious injury threshold.<\/figcaption><\/figure>\n\n\n\n

First, how New York no-fault works<\/h2>\n\n\n\n

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 \u00a7 5102(d)<\/a>. 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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

What the 90\/180 category was<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

What changed in 2026<\/h2>\n\n\n\n

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<\/strong>. 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.<\/p>\n\n\n\n

The good news: the other categories still apply<\/h2>\n\n\n\n

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