Assembly Bill A9218

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9218
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 389 to read as follows:
   §  389.  LIMITED  RECOVERY.  1. IN AN ACTION FOR RECOVERY FOLLOWING AN
 ACCIDENT, ANY PLAINTIFF WHO  WAS  OPERATING  A  VEHICLE  WHICH  WAS  NOT
 INSURED  PURSUANT  TO  THE PROVISIONS OF THIS CHAPTER AT THE TIME OF THE
 ACCIDENT SHALL NOT BE GRANTED ANY AWARD  OR  RELIEF  IN  EXCESS  OF  ANY
 COMPENSATORY DAMAGES DERIVED FROM PROPERTY DAMAGE, MEDICAL EXPENSES, AND
 LOST WAGES AS A DIRECT RESULT OF SUCH ACCIDENT.
   2.  IN AN ACTION FOR RECOVERY FOLLOWING AN ACCIDENT, ANY PLAINTIFF WHO
 WAS OPERATING A VEHICLE WHILE INTOXICATED AT THE TIME  OF  THE  ACCIDENT
 AND CONVICTED OF SUCH SHALL NOT BE GRANTED ANY AWARD OR RELIEF IN EXCESS
 OF  ANY  COMPENSATORY  DAMAGES  DERIVED  FROM  PROPERTY  DAMAGE, MEDICAL
 EXPENSES, AND LOST WAGES AS A DIRECT RESULT OF SUCH ACCIDENT.
   3. IN AN ACTION FOR RECOVERY FOLLOWING AN ACCIDENT, ANY PLAINTIFF  WHO
 WAS  OPERATING  A  VEHICLE  IN  THE COMMISSION OF A FELONY, OR IMMEDIATE
 FLIGHT THEREFROM, AT THE TIME OF SUCH ACCIDENT AND HAS BEEN CONVICTED OF
 SUCH FELONY SHALL NOT BE GRANTED ANY AWARD OR RELIEF IN  EXCESS  OF  ANY
 COMPENSATORY DAMAGES DERIVED FROM PROPERTY DAMAGE, MEDICAL EXPENSES, AND
 LOST  WAGES  AS A DIRECT RESULT OF SUCH ACCIDENT. THE PROVISIONS OF THIS
 SUBDIVISION SHALL NOT APPLY IN AN ACTION FOR  INJURY  CAUSED  BY  POLICE
 MISCONDUCT.
   §  2.  Section  1411  of the civil practice law and rules, as added by
 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
 
   § 1411. Damages recoverable when contributory negligence or assumption
 of risk is established. [In] EXCEPT AS PROVIDED IN SECTION THREE HUNDRED
 EIGHTY-NINE OF THE VEHICLE AND TRAFFIC LAW, IN  any  action  to  recover
 damages  for personal injury, injury to property, or wrongful death, the
 culpable  conduct  attributable  to  the  claimant  or  to the decedent,
 including contributory negligence or assumption of risk, shall  not  bar
 recovery,  but  the  amount  of  damages  otherwise recoverable shall be
 diminished in the proportion which the culpable conduct attributable  to
 the  claimant or decedent bears to the culpable conduct which caused the
 damages.
   § 3. This act shall take effect immediately.