Op-ed | Governor Hochul's insurance reforms preserve rights and promote fairness | amNewYork

"The proposals can be broken into five key areas. First, they establish a $100,000 cap on pain and suffering awards for individuals injured while committing a felony or driving under the influence. This is a reasonable measure. Individuals engaging in illegal and dangerous behavior should not receive large financial awards stemming from those actions."

"Second, the reforms update New York's comparative fault system. Under current law, a plaintiff who is mostly responsible for causing an accident can still recover damages. For example, someone found 75 percent at fault can still recover from a defendant who is only 25 percent responsible. That outcome defies basic fairness."

"Third, the reforms address New York's joint and several liability rules. Currently, a defendant found just one percent at fault can be held responsible for the entire judgment, exposing persons to unfair financial burdens."

Gov. Kathy Hochul's proposed auto reforms focus on improving roadway safety and affordability in New York. The reforms address issues in personal injury litigation, including fraud that affects the economy. Key proposals include a $100,000 cap on pain and suffering awards for individuals injured while committing felonies or driving under the influence, updates to the comparative fault system to bar recovery for plaintiffs more than 50 percent at fault, and changes to joint and several liability rules to prevent unfair financial burdens on defendants.

Read at www.amny.com