Fault and compensation
Comparative Negligence in New York: How Shared Fault Affects Your Claim
Shared fault usually reduces a New York injury award rather than ending it. A 2026 change created an important exception for motor-vehicle injury lawsuits filed on or after May 26, 2026.
By Michael A. Licatesi · Published · Updated
The short answer
- In most New York injury cases, your own share of fault reduces your damages but does not bar recovery (CPLR 1411(a)).
- For a personal injury lawsuit subject to Insurance Law Article 51, the no-fault law for motor-vehicle injuries, started on or after May 26, 2026, you recover nothing if your fault is greater than the fault of the defendant, or of all defendants combined (CPLR 1411(b)).
- Equal fault is not greater fault, so a 50/50 split does not trigger the new bar.
- What counts is the date the lawsuit was filed, not the date of the crash.
- New Jersey uses a similar "not greater than" rule for negligence cases generally (N.J.S.A. 2A:15-5.1).
This is general information, not legal advice about your situation.
How comparative fault works in New York
Comparative negligence is the way New York divides responsibility when more than one person's carelessness contributed to an injury. Under CPLR 1411(a), the injured person's own culpable conduct, including contributory negligence or assumption of risk, does not bar recovery in an action for personal injury, injury to property or wrongful death. Instead, the damages are reduced in proportion to that person's share of the conduct that caused the harm. This is often called pure comparative negligence.
The other side carries the burden on this issue. Under CPLR 1412, culpable conduct claimed to reduce damages is an affirmative defense that the party asserting it must plead and prove. In practice, an insurer or defense lawyer who says you were partly at fault has to back that up with evidence.
If a case goes to trial, the jury, or the judge in a non-jury trial, assigns a percentage of fault to each party. Before trial, insurers use the same arguments to negotiate what they will pay.
The 2026 change for motor-vehicle injury lawsuits
Part EE of Chapter 58 of the Laws of 2026 added subsection (b) to CPLR 1411. In any action to recover damages for personal injury subject to Article 51 of the Insurance Law, the claimant's culpable conduct bars recovery if it is greater than the culpable conduct of the person against whom recovery is sought, or greater than the combined culpable conduct of the persons against whom recovery is sought. Three parts of that wording do most of the work.
- "Greater than." The bar applies only when your share is larger. At exactly 50/50 your share is not greater, so the claim is not barred. Read together with subsection (a), a claim that is not barred is still reduced by your share of fault.
- "Persons against whom recovery is sought." With several defendants, your share is compared with their combined share, not with each defendant one at a time.
- "Commenced." New York's Department of Financial Services says the amendments took effect on May 26, 2026 and apply to actions and proceedings commenced on or after that date (Insurance Circular Letter No. 3 (2026)). Under CPLR 304, an action is commenced by filing a summons and complaint or a summons with notice.
Because the general deadline for a New York personal injury lawsuit is three years (CPLR 214(5)), with exceptions, many crashes from before May 26, 2026 will be filed after it. Those lawsuits fall under the new rule if they are subject to Article 51.
Which rule applies to my case?
Two questions decide it: is the lawsuit subject to Insurance Law Article 51, and when was it filed? Rows marked uncertain are ones the statute does not answer directly.
Driver or passenger injured in a crash with an insured car or truck
Lawsuit filed before May 26, 2026 1411(a): your share of fault reduces damages rather than barring recovery
Lawsuit filed on or after May 26, 2026 1411(b): barred if your share is greater than the defendants' combined share; otherwise reduced
Pedestrian struck by an insured vehicle
Lawsuit filed before May 26, 2026 1411(a): your share of fault reduces damages rather than barring recovery
Lawsuit filed on or after May 26, 2026 1411(b) applies to personal injury actions subject to Insurance Law Article 51. Article 51 defines a covered person to include a pedestrian injured through the use or operation of an insured motor vehicle (Insurance Law 5102(j)). Whether a specific case is subject to Article 51 needs a case-specific review
Motorcycle rider, bicyclist, or a crash involving an uninsured vehicle
Lawsuit filed before May 26, 2026 1411(a): your share of fault reduces damages rather than barring recovery
Lawsuit filed on or after May 26, 2026 Depends on whether the action is subject to Article 51. Article 51's definition of motor vehicle excludes motorcycles (Insurance Law 5102(f)), and insurance facts matter. Have the specific case reviewed
Wrongful death or property damage claim from a crash
Lawsuit filed before May 26, 2026 1411(a): your share of fault reduces damages rather than barring recovery
Lawsuit filed on or after May 26, 2026 Subsection (b) refers to an action for personal injury subject to Article 51, while subsection (a) separately names wrongful death and injury to property. How (b) applies to a given claim needs a case-specific review
Slip and fall, premises, medical malpractice, product or workplace claim with no motor vehicle
Lawsuit filed before May 26, 2026 1411(a): your share of fault reduces damages rather than barring recovery
Lawsuit filed on or after May 26, 2026 1411(a): your share of fault reduces damages rather than barring recovery. These claims are not subject to Article 51
Accident in New Jersey
Lawsuit filed before May 26, 2026 New Jersey law may apply: barred if your share of negligence is greater than the defendants' combined share; otherwise reduced
Lawsuit filed on or after May 26, 2026 Same. Ask early which state's law governs
| Your situation | Lawsuit filed before May 26, 2026 | Lawsuit filed on or after May 26, 2026 |
|---|---|---|
| Driver or passenger injured in a crash with an insured car or truck | 1411(a): your share of fault reduces damages rather than barring recovery | 1411(b): barred if your share is greater than the defendants' combined share; otherwise reduced |
| Pedestrian struck by an insured vehicle | 1411(a): your share of fault reduces damages rather than barring recovery | 1411(b) applies to personal injury actions subject to Insurance Law Article 51. Article 51 defines a covered person to include a pedestrian injured through the use or operation of an insured motor vehicle (Insurance Law 5102(j)). Whether a specific case is subject to Article 51 needs a case-specific review |
| Motorcycle rider, bicyclist, or a crash involving an uninsured vehicle | 1411(a): your share of fault reduces damages rather than barring recovery | Depends on whether the action is subject to Article 51. Article 51's definition of motor vehicle excludes motorcycles (Insurance Law 5102(f)), and insurance facts matter. Have the specific case reviewed |
| Wrongful death or property damage claim from a crash | 1411(a): your share of fault reduces damages rather than barring recovery | Subsection (b) refers to an action for personal injury subject to Article 51, while subsection (a) separately names wrongful death and injury to property. How (b) applies to a given claim needs a case-specific review |
| Slip and fall, premises, medical malpractice, product or workplace claim with no motor vehicle | 1411(a): your share of fault reduces damages rather than barring recovery | 1411(a): your share of fault reduces damages rather than barring recovery. These claims are not subject to Article 51 |
| Accident in New Jersey | New Jersey law may apply: barred if your share of negligence is greater than the defendants' combined share; otherwise reduced | Same. Ask early which state's law governs |
This table describes only how your own share of fault is treated. Other defenses, deadlines and, in covered motor-vehicle cases, the serious injury rule can still defeat or limit a claim.
For how these claims are handled, see our auto accident, pedestrian accident, motorcycle accident and slip and fall pages.
Worked examples with the same damages
The same facts can produce very different results under each rule. Each row below assumes a hypothetical $100,000 in total damages and shows only the arithmetic.
You 30%, other driver 70%
NY general rule, CPLR 1411(a) $70,000
NY 2026 rule, CPLR 1411(b) $70,000
New Jersey, 2A:15-5.1 $70,000
You 50%, other driver 50%
NY general rule, CPLR 1411(a) $50,000
NY 2026 rule, CPLR 1411(b) $50,000 (equal is not greater)
New Jersey, 2A:15-5.1 $50,000 (not greater)
You 60%, other driver 40%
NY general rule, CPLR 1411(a) $40,000
NY 2026 rule, CPLR 1411(b) $0, barred
New Jersey, 2A:15-5.1 $0, barred
You 90%, other driver 10%
NY general rule, CPLR 1411(a) $10,000
NY 2026 rule, CPLR 1411(b) $0, barred
New Jersey, 2A:15-5.1 $0, barred
You 40%, Driver A 35%, Driver B 25%
NY general rule, CPLR 1411(a) $60,000
NY 2026 rule, CPLR 1411(b) $60,000 (40% is not greater than the combined 60%)
New Jersey, 2A:15-5.1 $60,000
You 55%, Driver A 25%, Driver B 20%
NY general rule, CPLR 1411(a) $45,000
NY 2026 rule, CPLR 1411(b) $0, barred (55% is greater than the combined 45%)
New Jersey, 2A:15-5.1 $0, barred
| Fault split | NY general rule, CPLR 1411(a) | NY 2026 rule, CPLR 1411(b) | New Jersey, 2A:15-5.1 |
|---|---|---|---|
| You 30%, other driver 70% | $70,000 | $70,000 | $70,000 |
| You 50%, other driver 50% | $50,000 | $50,000 (equal is not greater) | $50,000 (not greater) |
| You 60%, other driver 40% | $40,000 | $0, barred | $0, barred |
| You 90%, other driver 10% | $10,000 | $0, barred | $0, barred |
| You 40%, Driver A 35%, Driver B 25% | $60,000 | $60,000 (40% is not greater than the combined 60%) | $60,000 |
| You 55%, Driver A 25%, Driver B 20% | $45,000 | $0, barred (55% is greater than the combined 45%) | $0, barred |
Illustrations only, not predictions. Real recoveries also depend on insurance limits, no-fault rules, the serious injury requirement, liens and the cap described below.
When more than one driver or company is at fault
In a multi-vehicle crash, the 2026 rule compares your share with the combined share of everyone you are suing. In the 40/35/25 example above, you are more at fault than either driver alone, but not more than both together, so the claim survives and is reduced by 40%.
Subsection (b) compares the claimant's conduct with the conduct of "the person or persons against whom recovery is sought." How a driver who settled early or was never identified fits that comparison should be reviewed before settling with any one party.
A separate question is how much each defendant has to pay. CPLR 1601 generally limits a defendant found 50% or less of the total liability to its equitable share of non-economic loss, such as pain and suffering. CPLR 1602 lists many exceptions, including one for a person held liable because of the use, operation or ownership of a motor vehicle or motorcycle. For crashes involving delivery companies, see the Amazon truck accident guide.
Other 2026 changes that affect a partly at-fault driver
The same legislation changed other parts of the no-fault law that matter when an injured driver is accused of causing the crash.
- A $100,000 cap in some cases. Insurance Law 5104(d) limits non-economic loss to $100,000 for an at-fault injured person who is not barred by CPLR 1411 and was either driving an uninsured vehicle they were responsible for insuring (lapses under 30 days excepted), driving while impaired and convicted of it, or driving while committing or fleeing a felony and convicted of that felony. The cap does not apply to death cases. See the dangers of intoxicated driving.
- Fault comes first. Insurance Law 5104(a) directs the trier of fact to decide who was at fault before deciding whether an injury is a serious injury.
- A narrower serious injury definition. The 90/180-day non-permanent category was removed from Insurance Law 5102(d) for actions commenced on or after May 26, 2026. The no-fault and bodily injury guide explains the remaining categories.
Evidence that shapes the fault percentage
Insurers often raise shared fault early. The percentage that sticks usually depends on what can be proved about:
- Traffic signals, signs and right of way at the location
- Speed, following distance, turns and lane changes
- Phone use or other distraction, and any sign of impairment
- Lighting, weather, sight lines and road conditions
- Points of impact and vehicle damage
Records worth preserving right away include:
- The police report number and any tickets issued
- Photos and video of the scene, the vehicles and the traffic controls, plus dashcam, doorbell or business camera footage
- Names and phone numbers of witnesses
- Repair estimates and damage photos
- Medical records from the first visit forward
- Insurance letters, claim numbers and anything you were asked to sign
How New Jersey's rule differs
New Jersey uses modified comparative negligence. Under N.J.S.A. 2A:15-5.1, an injured person's negligence does not bar recovery if it was not greater than the negligence of the person against whom recovery is sought, or not greater than the combined negligence of the persons against whom recovery is sought. Any damages are then reduced by the injured person's percentage of negligence.
In practice, 50% fault still recovers half, and 51% recovers nothing. Unlike New York's 2026 rule, the New Jersey statute is not limited to motor-vehicle cases; it applies to negligence actions for death or injury to person or property.
Licatesi Law Group has an office in New Jersey. If a crash happened there, or involved people from both states, ask early which state's law applies, and see our New Jersey auto accident page.
Results in cases where fault was disputed
$375,000
$375,000 Settlement — Rear-End Collision Liability Dispute
Our client was rear-ended while preparing to make a left turn. The insurance company argued its insured was only 50% at fault. Our client suffered multiple disc herniations and bulges, spinal dysfunction, and other serious injuries. Through meticulous preparation, aggressive advocacy, and unwavering representation, we secured a $375,000 settlement on her behalf. When an insurance company tries to minimize injuries or shift responsibility, having experienced advocates in your corner matters.
$315,000
$315,000 Settlement — High-Speed Crash with Clavicle Surgery
Our client was partially at fault for a high-speed accident after making an improper U-turn when she was struck by a drunk driver. The crash resulted in a clavicle fracture that required surgery.
In the first matter, the insurer argued its driver was only 50% at fault. In the second, our client was partly at fault after an improper U-turn when a drunk driver struck her. Prior results do not guarantee a similar outcome. See more verdicts and settlements.
Protecting your claim when fault is disputed
- Get medical care right away and keep every record and bill.
- Report the crash and write down the report number.
- Photograph the scene, the vehicles, the signals and any hazard before they change.
- Collect witness names and ask nearby businesses about video quickly, since footage can be recorded over.
- Do not guess about fault or apologize at the scene, on social media or in a recorded statement to the other driver's insurer.
- Talk to a lawyer before signing a release or accepting a fault percentage, and well before the lawsuit deadline.
Questions about comparative negligence
Usually, yes. Under CPLR 1411(a), your share of fault reduces your damages rather than barring them. The exception is a personal injury lawsuit subject to Insurance Law Article 51, generally a motor-vehicle injury case, started on or after May 26, 2026, where recovery is barred if your fault is greater than the defendants' combined fault.
It can. The amendments apply to actions commenced on or after May 26, 2026, and a New York action is commenced when it is filed. A lawsuit filed on or after that date is subject to CPLR 1411(b) if it falls within Article 51, even if the crash happened earlier.
The claim is not barred, because equal fault is not greater fault. The award is reduced by half. New Jersey's rule gives the same result at 50%.
No. Subsection (b) applies only to personal injury actions subject to Insurance Law Article 51. Claims that do not involve a motor vehicle stay under CPLR 1411(a), where fault reduces the award but does not bar it.
It can. CPLR 1411(b) applies to personal injury actions subject to Insurance Law Article 51, and Article 51 defines a covered person to include a pedestrian injured through the use or operation of an insured motor vehicle. Whether your case is subject to Article 51 depends on its facts, so have it reviewed.
Insurers and lawyers argue over it in settlement talks. At trial, the jury, or the judge without a jury, decides. Under CPLR 1412, the party claiming you were at fault has to plead and prove it.
Related guides
Sources
- CPLR 1411 (comparative fault; subsection (b) added 2026)
- CPLR 1412 (burden of pleading and proof)
- CPLR 304 (how an action is commenced)
- CPLR 214 (three-year limitation period)
- CPLR 1601 (limited liability of persons jointly liable)
- CPLR 1602 (exceptions, including motor vehicles)
- Insurance Law 5102 (definitions: covered person, motor vehicle, serious injury)
- Insurance Law 5104 (causes of action; $100,000 cap)
- NY DFS Insurance Circular Letter No. 3 (2026): Motor Vehicle Insurance Reforms
- N.J.S.A. 2A:15-5.1 (New Jersey comparative negligence)
Statutes reviewed October 2026. Law changes and court decisions can affect how these rules apply.
Not sure how fault will be counted in your case?
Tell us what happened and when your claim was or will be filed. We will look at the fault evidence and which rule applies. The consultation is free. Call (516) 227-2662.