The New York State Trial Lawyers Association’s (NYSTLA) president used the group’s annual gala on Tuesday night to address Gov. Kathy Hochul’s auto insurance reforms, which were included in the state budget — arguing that they limit justice, encroach on people’s rights, and threaten the independence of the civil courts system.
The reforms in question narrow the definition of what constitutes a “serious injury” after a vehicle crash — a necessary requirement for a crash victim to be able to sue for damages — while also capping payouts for pain and suffering at $100,000; and altering the way injury compensation is determined, holding that if an injured person is over 50% responsible for the crash, they can’t recover anything. Hochul said this is intended to make it harder for “bad actors” to sue in bad faith and scam insurance carriers out of money, and that it will trickle down to mean lower insurance rate payments for everyday drivers.
