Vote: Floor vote
NY SenateJun 11, 2025Result: passed
Sponsor · State Senator, District 18 · Democratic/Working Families
Senate bill · S8185 (2025-26)
Prohibits certain entities from negotiating any contracts or settlements releasing such entities from liability for a tortious or potentially tortious act within thirty days of such act
The heading above is this same sentence with its legal opening removed. No words were added, changed or reordered.
Prohibits persons, firms, or corporations whose interests are adverse to that of a person who received personal injuries or death as a result of an action by such person, firm or corporation from negotiating any contracts or settlements releasing such person, firm or corporation from liability for the tortious or potentially tortious act within thirty days of such act.
Not chosen yet
Rejected by the executive.
New York State Senate
Same as A8706, the matching bill in the Assembly.
Codes · New York State Assembly
Also referred to Codes · New York State Senate, Judiciary · New York State Assembly, Judiciary · New York State Senate, Ways and Means · New York State Assembly.
Section one of this bill states the title of this bill is the "Unfair Settlement Timing Act" (USTA). Section two amends the Civil Practice Law and Rules (CPLR) by adding a new section 5003-c stating that no person, firm or corporation whose interest is adverse to that of a person receiving personal injuries or death as a result of a tortious or potentially tortious act may negoti- ate any contract, written or oral, or any settlement to release such person, firm or corporation from liability, within thirty days from the date of the tortious or potentially tortious act. The new CPLR section 5003-c also provides that any contract, settlement or release obtained in violation of this paragraph shall be voidable at the option of the releaser. Section three sets the effective date.
Filed with the bill. Read it on nysenate.gov (opens in a new tab)
NY SenateJun 11, 2025Result: passed
Senate JudiciaryMay 28, 2025Result: passed
The sponsor's argument
This bill addresses the unfair situation where defense and insurance lawyers rush to contact and pressure a tort victim to settle a potential civil action in the immediate wake of an accident or civil offense. Such victims may not have had the time to understand the nature and extent of physical injuries that they sustained and will not have had adequate time to contemplate hiring an attorney and then actually hiring one. Indeed, the reason tortfeasors or insurers -- who are represented through counsel -- rush to immediately contact a victim after an acci- dent or tort, and rush to immediately draft and negotiate a settlement, is specifically to prevent the victim from (1) understanding the true nature of their injuries and/or (2) acquiring counsel that can negotiate a fair and adequate settlement. The result of this high-pressure tactic is too often as follows; victims, in the immediate wake of an injury, are pressured to accept a low-ball settlement. Later, some of these victims seek out an attorney, who, because of that settlement, is incapable of filing an action to obtain the compensation that the victims and their families not only deserve but need for medical care. The bill addresses this unfair tactic by preventing settlement negoti- ations during a 30-day period after an accident or other tortious or potentially tortious act and giving the victim the option to void an unfair settlement that is negotiated and entered into in violation of this ban. The fairness of giving a tort victim a month before he or she can be pressured to sign a settlement is reflected in the practice of other states, including Connecticut and Virginia. Indeed, Virginia imposed a similar 30-day timeline 25 years ago. See Va. Code Ann. 8.01-425 (30-day period); see also Conn. Gen. Stat. 52-572a. (15-day period). High-pres- sure settlement negotiations within 30 days of an injury or other wrong- doing that result in inadequate and unfair settlements should not be allowed.
This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.
Vetoed
VETOED MEMO.160
NY Senate
Sent to the executive
DELIVERED TO GOVERNOR
NY Senate
Passed a chamber
PASSED ASSEMBLY
NY Assembly
Returned to Senate
RETURNED TO SENATE
NY Assembly
Ordered to Third Reading Rules CAL.690
ORDERED TO THIRD READING RULES CAL.690
NY Assembly
Substituted
SUBSTITUTED FOR A8706
NY Assembly
Reported out of committee
REPORTED
NY Assembly
Rules Report CAL.690
RULES REPORT CAL.690
NY Assembly
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Passed a chamber
PASSED SENATE
NY Senate
Referred to committee
REFERRED TO WAYS AND MEANS
NY Assembly
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
Reference Changed to Ways and Means
REFERENCE CHANGED TO WAYS AND MEANS
NY Assembly
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
Referred to committee
REFERRED TO CODES
NY Assembly
2ND Report CAL.
2ND REPORT CAL.
NY Senate
1ST Report CAL.1425
1ST REPORT CAL.1425
NY Senate
Referred to committee
REFERRED TO JUDICIARY
NY Senate
The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
Parties are shown in the same neutral colors.
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 22, 2026. About our data