On May 27, 2026, New York State Governor Kathy Hochul signed into law significant amendments which impact the ability of parties injured in automobile accidents to recover money damages. 

Three major changes have gone into effect, including the elimination of an injury category to qualify for non-economic damages, a cap to a plaintiff’s recovery who is convicted of certain crimes out of the accident, and changes to a plaintiff’s right to recovery where plaintiff holds the majority at fault.

These changes are being explained in a series of three blog posts.

This second post reviews the newly placed cap on non-economic recovery for a plaintiff convicted of certain offenses.

$100,000.00 Cap on Non-Economic Damages for Certain At-Fault Plaintiffs

The law imposes a limited $100,000.00 maximum ability to recover on pain-and-suffering damages for certain plaintiffs whose conduct contributed to the accident. The cap applies when a plaintiff:

• Was operating an uninsured vehicle that he or she was responsible for insuring, unless the lapse in coverage lasted fewer than 30 days;
• Was operating a vehicle while impaired and is subsequently convicted of the impairment-related offense; or
• Was operating a vehicle during the commission of a felony, or while fleeing immediately from the commission of a felony, and is subsequently convicted of that felony.

The cap applies only to claims for non-economic damages and does not affect wrongful death actions. It is important that your attorney either has experience in criminal law or works closely with your criminal attorney if you are injured in a motor vehicle accident and charged with a DWI or a felony arising from the same accident.

There may be limited circumstances in which this issue arises, but if you are injured in a motor vehicle accident, it is important you contact an experienced law firm to educate you on your rights to recovery.

Part 3 to come in this series.