New York A 9218: Limits 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

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A09218 Summary:

BILL NOA09218 

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SAME ASSAME AS S08905

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SPONSORCunningham

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COSPNSR

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MLTSPNSR

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Add §389, V & T L; amd §1411, CPLR

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Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.

Go to top A09218 Actions:

BILL NOA09218 

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11/03/2025referred to transportation

01/07/2026referred to transportation

Go to topA09218 Committee&nbspVotes:

Go to topA09218 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09218 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9218

 2025-2026 Regular Sessions

 IN ASSEMBLY

 November 3, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM -- read once and referred to the
 Committee on Transportation

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The vehicle and traffic law is amended by adding a new
 2 section 389 to read as follows:
 3 § 389. Limited recovery. 1. In an action for recovery following an
 4 accident, any plaintiff who was operating a vehicle which was not
 5 insured pursuant to the provisions of this chapter at the time of the
 6 accident shall not be granted any award or relief in excess of any
 7 compensatory damages derived from property damage, medical expenses, and
 8 lost wages as a direct result of such accident.
 9 2. In an action for recovery following an accident, any plaintiff who
 10 was operating a vehicle while intoxicated at the time of the accident
 11 and convicted of such shall not be granted any award or relief in excess
 12 of any compensatory damages derived from property damage, medical
 13 expenses, and lost wages as a direct result of such accident.
 14 3. In an action for recovery following an accident, any plaintiff who
 15 was operating a vehicle in the commission of a felony, or immediate
 16 flight therefrom, at the time of such accident and has been convicted of
 17 such felony shall not be granted any award or relief in excess of any
 18 compensatory damages derived from property damage, medical expenses, and
 19 lost wages as a direct result of such accident. The provisions of this
 20 subdivision shall not apply in an action for injury caused by police
 21 misconduct.
 22 § 2. Section 1411 of the civil practice law and rules, as added by
 23 chapter 69 of the laws of 1975, is amended to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13606-01-5

 A. 9218 2

 1 § 1411. Damages recoverable when contributory negligence or assumption
 2 of risk is established. [In] Except as provided in section three hundred
 3 eighty-nine of the vehicle and traffic law, in any action to recover
 4 damages for personal injury, injury to property, or wrongful death, the
 5 culpable conduct attributable to the claimant or to the decedent,
 6 including contributory negligence or assumption of risk, shall not bar
 7 recovery, but the amount of damages otherwise recoverable shall be
 8 diminished in the proportion which the culpable conduct attributable to
 9 the claimant or decedent bears to the culpable conduct which caused the
 10 damages.
 11 § 3. This act shall take effect immediately.

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