BILL NUMBER: S8905
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act to amend the vehicle and traffic law and the civil practice law
and rules, in relation to limiting damages that can be recovered in a
tort claim by uninsured motorists, intoxicated drivers, and those
convicted of a felony during which the accident occurred
 
PURPOSE:
Limits damages that can be recovered in a tort claim by uninsured motor-
ists, intoxicated drivers, and those convicted of a felony during which
the accident occurred
 
SUMMARY OF PROVISIONS:
Section 1: Amends The vehicle and traffic law adding section 389
Section 2: Amends Section 1411 of the civil practice law and rules
Section 3: Is the effective date
 
JUSTIFICATION:
New York State drivers pay some of the highest auto insurance premiums
in the nation, a burden that disproportionately impacts responsible,
law-abiding motorists. A significant factor driving these inflated costs
is the financial impact of individuals who knowingly operate vehicles in
violation of state law and shift their liability onto the backs of those
who follow it.
This legislation is designed to ensure that those who flout New York's
insurance requirements cannot exploit the civil justice system for
financial gain. Specifically, it would limit the ability of uninsured
motorists, drunk drivers, and others injured while committing a felony
to recover noneconomic damages (such as pain and suffering) following a
motor vehicle accident. These individuals have already chosen to disre-
gard public safety and consumer protection laws. Permitting them to
pursue full damage awards rewards illegal behavior and distorts the
principle of fairness in our courts.
By enacting a targeted restriction on non-economic damage recovery, this
bill upholds the integrity of our insurance and legal systems while
encouraging compliance with the law. It ensures that the rights and
financial protection of responsible, insured drivers are prioritized-
while those who willfully break the rules face reasonable and propor-
tionate consequences. This policy has been successfully implemented in
numerous other states and should be adopted in New York to deter bad
actors, reduce insurance fraud, and help stabilize or even reduce auto
insurance premiums over time.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8905: 1411 civil practice law