Hochul Signs Insurance Bill That Guts Crash Victims' Rights - Streetsblog Empire State

The reforms passed as part of the state budget aim to lower auto insurance bills for residents. The changes narrow the definition of serious injury by removing victims who cannot resume daily activities for 90 of the 180 days after a crash. Serious injury status affects eligibility for compensation for pain and suffering, including cases involving traumatic brain injuries and soft tissue injuries. Victims found 51 percent or more responsible for a crash receive no compensation. Pain-and-suffering payouts for uninsured motorists are capped at $100,000, including situations involving people borrowing a car. The reforms were maintained despite objections during budget negotiations about stripping crash victims of legal rights and about claims of fraud and lawsuits driving insurance rates.

"The budget narrows the definition of serious injury by removing victims who are unable to resume daily activities for 90 of the 180 days following a crash. That change matters because a serious injury lets New Yorkers receive compensation for pain and suffering, and many who suffer traumatic brain injuries or soft tissue injuries find themselves falling into this category rather than those describing an injury to an organ."

"Crash victims (pedestrians and drivers) who are found 51 percent or more responsible for a crash will get no compensation. Payouts for pain and suffering will be capped at $100,000 for uninsured motorists, which could be someone borrowing a car. This lumps them in with drunk drivers and motorists in the process of committing a felony."

"Hochul held the line during budget negotiations against some lawmakers who objected to provisions that strip crash victims of some of their legal rights and rejected Hochul's pitch that rampant fraud and runaway lawsuits are causing New York's supposedly high auto insurance rates. In the end, she got just about everything she wanted."

""My view is when our reforms kick in, hardworking New Yorkers will be the beneficiaries; they'll have lower insurance bills, instead of the insurance executives taking home bigger profits," Hochul said at the ceremony at an uptown body shop."

Read at Streetsblog Empire State