Bill > S08905

This bill amends New York law to limit the damages that can be recovered by certain individuals in lawsuits stemming from car accidents. Specifically, if a plaintiff was operating an uninsured vehicle, was driving while intoxicated and convicted of it, or was committing a felony or fleeing from one at the time of the accident and has been convicted of that felony, their recovery will be capped. This cap means they can only receive compensation for property damage, medical expenses, and lost wages that are a direct result of the accident, and they cannot recover other types of damages. The bill also clarifies that these limitations apply even if the plaintiff's actions would normally be considered contributory negligence or assumption of risk, which would otherwise only reduce their award proportionally. However, the felony provision does not apply to injuries caused by police misconduct.

Transportation and Infrastructure

https://www.nysenate.gov/legislation/bills/2025/S8905