Car Accident Law Changes by State (2023–2027)

Before Pure comparative negligence: recovery reduced by your share of fault, never barred.

Now In car accident injury suits filed on or after May 26, 2026, you recover nothing if your fault is greater than the defendants' combined fault (CPLR 1411(b)). The 90/180-day serious-injury category was also repealed.

Before $25,000 / $50,000 bodily injury on the Standard Policy (since 2023).

Now $35,000 / $70,000 bodily injury and $25,000 property damage on Standard Policies issued or renewed on or after January 1, 2026; UM/UIM must match. The Basic Policy is unchanged.

Before $20,000 / $40,000 bodily injury; $10,000 property damage.

Now $40,000 / $80,000 bodily injury and $20,000 property damage for new and renewal policies effective on or after January 1, 2026 (Act 138 of 2024).

Before Pure comparative fault: recovery reduced by your share of fault, never barred.

Now Modified comparative fault: you recover nothing at 51% or more fault (Act 15 of 2025, Civil Code art. 2323). Which accidents fall under the new rule is not yet settled by the courts.

Before No cap on pain and suffering since the Oklahoma Supreme Court struck down the old $350,000 cap in 2019.

Now Pain and suffering capped at $500,000 for injuries on or after September 1, 2025, with no cap for permanent and severe bodily injuries or for grossly negligent, fraudulent or malicious conduct (SB 453, 23 O.S. 61.3).

Before $20,000 per person / $40,000 per accident bodily injury; $5,000 property damage (unchanged since 1988).

Now $25,000 / $50,000 bodily injury and $30,000 property damage for policies written or renewed on or after July 1, 2025.

Before $30,000 / $60,000 bodily injury; $25,000 property damage.

Now $50,000 / $100,000 bodily injury and $50,000 property damage for policies issued or renewed on or after July 1, 2025. Underinsured coverage is now included on minimum-limit policies.

Before Noneconomic damages capped at about $250,000 (inflation-adjusted) in ordinary injury cases.

Now Cap raised to $1.5 million for civil actions filed on or after January 1, 2025, with inflation adjustments from 2028 (HB24-1472).

Before $30,000 / $60,000 bodily injury; $20,000 property damage. Drivers could pay an uninsured motor vehicle fee instead of buying insurance until July 1, 2024.

Now $50,000 / $100,000 bodily injury and $25,000 property damage for new and renewal policies effective on or after January 1, 2025.

Before $15,000 / $30,000 bodily injury; $5,000 property damage.

Now $30,000 / $60,000 bodily injury and $15,000 property damage (SB 1107).

Before Pure comparative negligence; 4 years to file a negligence lawsuit.

Now You recover nothing if you are more than 50% at fault, and the negligence lawsuit deadline is 2 years (HB 837).

Now $750,000 cap on noneconomic damages in most injury cases ($1 million for catastrophic injuries).

Coming An injured person who owned or leased an uninsured vehicle in the crash, after at least three written noncompliance notices in the prior 3 years, is limited to $375,000 ($750,000 if catastrophic) (Public Chapter 1077 of 2026).

Now $538,425.04 cap on noneconomic damages (set July 1, 2026).

Coming The cap is adjusted every July 1 by the change in Idaho's average annual wage; the 2027 figure is published by the Idaho Industrial Commission.

Now $25,000 per person / $50,000 per accident bodily injury and $10,000 property damage.

Coming $50,000 / $100,000 bodily injury and $20,000 property damage, with uninsured motorist coverage required at the same amounts (Motor Vehicle Insurance Modernization Amendment Act of 2026). Whether existing policies change immediately or at renewal was not confirmed.

Now $980,000 cap for injuries from October 1, 2026 to September 30, 2027.

Coming The cap rises by $15,000 every October 1 under Md. Code, Cts. & Jud. Proc. 11-108, so $995,000 for injuries from October 1, 2027.