New York · Comparative fault · Updated Oct 2026

Comparative fault in New York: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in New York, the law behind it and how insurers apply it.

Short answer

For injury claims: In New York, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more). For property damage and other claims: In New York, you can recover damages even if you were mostly at fault, but they are reduced by your share of the fault.

Rule
Modified (51% bar) for injury; pure comparative for property
You recover nothing at
Injury claims: 51% of the fault or more. Property damage: No cutoff: your damages are only reduced
Law
CPLR § 1411(b), added by L.2026, ch. 58, Part EE: in a personal injury case covered by Insurance Law article 51 (car crashes), you are barred if your fault is greater than the other side's (combined); otherwise CPLR § 1411(a) reduces damages by your share. By its text, (b) covers personal injury only, so property damage and wrongful death claims stay pure comparative under (a). Applies to cases filed on or after May 26, 2026.
Insurance system
No-fault

Insurance and small claims in New York

No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the crash. File a written no-fault claim within 30 days of the crash.

Small claims limit for car damage in New York: $10,000 in New York City; $5,000 in City Courts outside NYC and District Courts in Nassau and western Suffolk; $3,000 in Town and Village Courts. New York small claims guide on Small Claims Map

How fast an insurer must handle a claim in New York

  • N.Y. Ins. Law § 2601(a)(4): after receiving a properly executed proof of loss, the insurer must tell the claimant whether it accepts or denies the claim within 30 working days.
  • For no-fault, DFS says the insurer must send the application within 5 business days of the notice of claim and pay within 30 days of receiving proof of the claim, unless it asks for more verification.

More facts for New York

  • You have only 30 days after the crash to file a written no-fault claim with the insurer (DFS).
  • For lawsuits filed on or after May 26, 2026, a driver whose fault is greater than the other side's cannot recover for crash injuries (CPLR § 1411(b)).

Recent changes in New York

  • It: (1) added CPLR § 1411(b), barring an injured person whose fault is greater than the defendants' in car crash injury cases (51% bar); (2) removed the '90/180-day' category from the 'serious injury' definition in Ins. Law § 5102(d); (3) added Ins. Law § 5104(d), capping pain-and-suffering damages at $100,000 (except death cases) for an at-fault injured person who was driving uninsured (unless the lapse was under 30 days), was convicted of impaired driving, or was committing a felony and convicted of it; (4) requires fault to be decided before serious injury (§ 5104(a)).

If the insurer says you were partly at fault

  1. Get the police report. Order crash reports online from the DMV with an NY.gov ID: $7 search fee plus $15 per report; you can download the PDF for 7 days. Reporting a crash in New York and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to New York State Department of Financial Services (DFS).
  4. Sue before the deadline: 3 years for both property damage and injury. Deadlines to sue in New York, with the calculator

Who pays in New York: fault and payout explainer

Modified comparative fault (51% bar)In New York, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in New York

Questions about comparative fault in New York

Is New York a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. CPLR § 1411(b), added by L.2026, ch. 58, Part EE: in a personal injury case covered by Insurance Law article 51 (car crashes), you are barred if your fault is greater than the other side's (combined); otherwise CPLR § 1411(a) reduces damages by your share. By its text, (b) covers personal injury only, so property damage and wrongful death claims stay pure comparative under (a). Applies to cases filed on or after May 26, 2026.

Does fault still matter in New York's no-fault system?

New York is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. No-fault (PIP) is required: at least $50,000 per person in basic economic loss (medical bills, lost wages, other costs), paid by your own insurer whoever caused the crash. File a written no-fault claim within 30 days of the crash.

Where can I complain if an insurer blames me unfairly in New York?

New York State Department of Financial Services (DFS): https://www.dfs.ny.gov/complaint

How fast must an insurer handle a car insurance claim in New York?

N.Y. Ins. Law § 2601(a)(4): after receiving a properly executed proof of loss, the insurer must tell the claimant whether it accepts or denies the claim within 30 working days. For no-fault, DFS says the insurer must send the application within 5 business days of the notice of claim and pay within 30 days of receiving proof of the claim, unless it asks for more verification.

How do I get the police report in New York?

Order crash reports online from the DMV with an NY.gov ID: $7 search fee plus $15 per report; you can download the PDF for 7 days. Reports reach the DMV system at least 14 days after the crash (electronic NYC police reports), 30 days (paper police reports) or 60 days (motorist reports). Reports of crashes with no injury and no property damage over $1,000 (and e-bike or e-scooter crashes) are not in the online system: use the DMV Record Request Navigator or mail form MV-198C. https://dmv.ny.gov/records/order-and-access-motor-vehicle-crash-accident-reports

More for New York drivers

Nearby states

Sources

Last checked: Oct 24, 2026.