New York auto insurers will soon need state approval before raising private passenger rates, but changes to who can sue after a crash and how much they can recover are already in force. On September 9, the New York State Department of Financial Services proposed a regulation requiring insurers to obtain approval for rate increases, effective November 27, according to the Office of Governor Kathy Hochul. The rule implements the auto insurance overhaul in the state's FY 2027 budget, which also altered injury claim rules. Those claim changes apply to lawsuits filed on or after May 26, 2026, according to DFS guidance issued to insurers.
The new limits on injury claims are already affecting Rockland County crashes, even as premium relief may take time to materialize. Local firm Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. is urging New York drivers to understand the changes. The firm's New City car accident lawyer represents drivers, passengers, and pedestrians injured on local roads, including the Palisades Interstate Parkway and the New York State Thruway.
"Until this spring, a driver found 60 percent at fault could still collect part of their pain and suffering damages, and a temporary injury that kept someone out of work for three months could support a lawsuit," said Barry S. Kantrowitz, a partner at the firm. "Neither is true for new cases. The fault split and the medical record now decide whether a claim exists at all, which makes photos, witness names, and prompt treatment more important than ever."
Three key changes affect crash victims. First, the 90/180 category is gone. Previously, people with a non-permanent injury could sue if it kept them from their usual activities for 90 of the first 180 days after a crash. That option no longer exists, so claimants must meet one of the remaining serious injury categories. Second, fault can now block pain and suffering damages. Under the new modified comparative fault rule, a claimant whose share of fault is greater than the other driver's cannot recover non-economic damages. Third, some at-fault claimants face a $100,000 cap. Non-economic damages are capped for at-fault claimants who were driving uninsured, convicted of impaired driving, or convicted of a felony committed while driving.
For more than five decades, the firm has represented injured people and their families across New York and New Jersey. Barry S. Kantrowitz joined in 1985 to carry on the work his father, Walter L. Kantrowitz, began in 1975. Today he leads its personal injury practice, negotiating with and litigating against insurers, corporations, municipalities, and hospitals in cases involving serious injury and wrongful death. Injury clients pay no fee unless the firm recovers compensation. Its attorneys also handle family law, class action, employment, estate, and commercial real estate matters from offices in Rockland and Bergen counties.
