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New York drivers could see relief after major tort reform » Land Line Media


Truckers and everyday drivers in New York just got some good news.

Gov. Kathy Hochul signed a package of tort-reform laws aimed at lowering insurance costs and cracking down on fraud that can drive rates higher for everyone.

The changes were included in the new state budget and are meant to help drivers keep more money in their pockets.

Hochul said the reforms are a win for every New Yorker who owns or drives a vehicle.

“Outdated laws, special interest loopholes and jackpot insurance payouts to bad actors have long forced New Yorkers to pay some of the highest car insurance rates in the nation,” Hochul said.

‘Judicial Hellhole’

The American Tort Reform Association has criticized New York’s legal system.

The group calls New York a “judicial hellhole” and ranks it second in the nation for lawsuit abuse.

ATRA says excessive litigation in the state has jumped 43% since 2022. The result is higher costs for businesses, truckers, and drivers.

The group says the new reforms are some of the biggest legal changes in New York in more than 20 years.

“The liability reforms championed by Gov. Kathy Hochul this year put into place best practices that will help make New York’s liability system less of an outlier and allow fewer opportunities for abuse,” an ATRA statement reads.

‘Serious injury’

One major change tightens the definition of a “serious injury.”

Supporters say the goal is to stop people from gaming the system and cashing in on questionable claims while honest drivers pay the price.

The new law raises the bar for serious injury claims. It also removes a category that bad actors often abused.

The governor’s office said payments for pain and suffering or emotional distress will be limited to people who can clearly prove they suffered a serious injury.

The law also limits certain payouts.

Drivers who are impaired or uninsured at the time of the crash can collect no more than $100,000 for pain and suffering.

Hochul said the change helps stop drivers who break the rules from walking away with a big payday while responsible drivers get stuck with higher insurance bills.

Comparative fault

Another tort reform changes how fault is handled after a crash.

Under the old system, someone who caused most of the damage in a wreck could still collect money from another driver.

In some cases, a driver who was 99% at fault could still recover damages from someone who was only 1% at fault.

The new law changes that.

Anyone found to be 51% or more responsible for a crash will no longer be able to collect damages.

Supporters say the change is about common sense and fairness.

Staged accidents

The tort reforms also target staged crashes.

These fake accidents can leave innocent drivers facing higher insurance costs and legal headaches.

The new law allows prosecutors to go after more than just the driver involved.

Anyone who helps plan, organize, encourage, or recruit people for a staged crash can now face criminal penalties.

The state now treats those actions as insurance fraud.

Consumer data

Another change targets how insurance companies set rates.

Companies will no longer be allowed to use factors such as ZIP code, homeownership, job, or education level when deciding what drivers pay.

Hochul said those factors have been used for years to raise rates for many people. She said it happens even when driving records don’t justify it.

Supporters say the change could make insurance pricing fairer for drivers across the state. LL

More Land Line coverage of New York news is available.



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