Why the first number is rarely the real number
Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.
Fault now comes first, by design
New York's 2026 reform changed more than just the fault threshold itself. A new sequencing rule now requires juries in motor vehicle cases to determine fault before evaluating whether the "serious injury" threshold under the No-Fault law is met. Previously, these questions could be addressed in either order; now, fault comes first by design.
Why the order genuinely matters
Because fault is now decided first, a motor vehicle claim where the claimant's fault exceeds the defendant's stops at that point — the case never reaches the question of whether the injury was "serious" enough to qualify for noneconomic damages in the first place. This raises the practical stakes of the fault argument specifically in motor vehicle cases, since it now functions as a genuine gateway rather than one factor among several considered together.
One of the serious-injury categories disappeared too
Separately, the 90/180-day temporary disability category — one of the ways an injury could qualify as "serious" under New York's No-Fault threshold — was repealed for actions commenced on or after May 26, 2026. That leaves eight categories where there were previously nine, a detail worth confirming if a claim's seriousness has traditionally rested on that particular category.
The baseline still applies
None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.