One of the most common questions after an NYC crash is whether shared fault kills your case. Since May 26, 2026, the answer depends on a specific percentage: New York's new comparative-fault rule bars recovery once your fault is greater than the fault of the driver (or drivers) you're suing. Here's exactly how the math works.
This page applies to New York State law. The 2026 comparative-fault reform is specific to New York motor-vehicle cases and differs from fault rules in other states.
Under CPLR § 1411(b), New York now bars recovery in motor-vehicle injury cases (Insurance Law Article 51) commenced on or after May 26, 2026, if your fault is greater than the fault of the person you're suing, or greater than the combined fault of everyone you're suing if there's more than one. At 50% fault or less, you can still recover, your award is reduced by your percentage.
Example: You're found 30% at fault for a crash. You can still recover 70% of your damages. But if you're found 60% at fault, you recover nothing under the new rule.
Before May 26, 2026, New York used pure comparative negligence for all cases, recovery was possible no matter your fault percentage. That rule still applies to non-motor-vehicle cases, and to any motor-vehicle case commenced before May 26, 2026.
Quick Answer: Source Index2§ 2 LAWclaim-level sources
CPLR § 1411(b): Comparative Negligence, Motor-Vehicle CasesCPLR § 1411(b): Comparative Negligence, Motor-Vehicle Cases✓ Official (source-only)
Insurance Law § 5104(a): Fault Determined Before Serious InjuryInsurance Law § 5104(a): Fault Determined Before Serious Injury✓ Official (source-only)
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What You're Experiencing
You were in a NYC crash and think you might share some of the blame, or an insurance adjuster has told you that shared fault means you have no case.
What This Likely Means
- If you're found 30% at fault → you can still recover 70% of your damages
- If you're found exactly 50% at fault → you can still recover half your damages, this is the cutoff line
- If you're found 51% or more at fault → New York's new rule bars recovery entirely
Your Options
You Can Do This
- •Keep records of how the crash happened, photos, witness contact info, the police report number
- •Write down your own account of events soon after the crash while details are fresh
- •Avoid discussing fault percentages with an insurance adjuster until you understand the new rule
Attorney Handles
- •Gathers evidence to argue your fault share is 50% or less
- •Handles negotiations with the other driver's insurer over comparative fault
- •Determines whether your case falls under the new rule (commenced on/after May 26, 2026) or the prior rule
Avoid Doing This
- •Don't admit fault or guess a percentage out loud at the scene or to an insurer
- •Don't assume you have no case just because you were partly at fault
- •Don't wait too long to preserve evidence, camera footage and witness memory fade fast, and they can lower your fault share
What This Typically Costs
There's no separate fee tied to this rule. Because your fault percentage directly changes what you can recover, from a full reduction to zero, most NYC accident attorneys evaluate comparative-fault cases on contingency, so there's no upfront cost to find out where you stand.
When to Get Help
Many situations on this page are manageable on your own. The Your Options section above shows what people commonly handle themselves and where an attorney typically adds value.
These signals usually mean it is time to talk to a licensed attorney:
- 1
If you're found 50% at fault or less → you can still recover, reduced by your percentage.
- 2
If you're found more than 50% at fault → New York law bars you from recovering anything.
- 3
If your case was filed before May 26, 2026 → the prior rule (no bar) still applies to your case.
A consultation is information, not a commitment. Free consultations are standard at New York personal injury firms.
Key Numbers
| Metric | Value | Source |
|---|---|---|
| New comparative-fault rule | CPLR § 1411(b) | statuteCPLR § 1411(b) |
| Fault threshold that bars recovery | Greater than 50% | statuteCPLR § 1411(b) |
| Effective date | Cases commenced on/after May 26, 2026 | statuteChapter 58, Laws of 2026, Part EE |
| Prior rule (still applies to earlier-filed cases) | Pure comparative negligence, no bar | statuteCPLR § 1411 |
Common Mistakes to Avoid
- 1
Mistake #1: Assuming any shared fault means no case at all.
At 50% fault or less, you can still recover, reduced by your percentage. The bar only applies above 50%.
- 2
Mistake #2: Not realizing the rule depends on when your case was filed, not when the crash happened.
A crash that happened before May 26, 2026 can still fall under the new rule if the lawsuit is commenced on or after that date. It is filing date, not accident date, that controls.
- 3
Mistake #3: Assuming this rule applies outside car accidents.
CPLR § 1411(b) applies specifically to motor-vehicle cases under Insurance Law Article 51. Other New York injury claims, like a slip-and-fall, remain pure comparative negligence with no bar.
Frequently Asked Questions
Can I recover anything if I was more than 50% at fault in a New York car accident?▼
No. Under CPLR § 1411(b), if a court determines your fault is greater than the defendant's (or the combined fault of multiple defendants) in a motor-vehicle case commenced on or after May 26, 2026, New York law bars recovery entirely.
Does the 50% fault bar apply to accidents that happened before May 26, 2026?▼
The rule turns on when the lawsuit was commenced, not when the accident occurred. A case commenced on or after May 26, 2026 follows the new rule, even if the underlying accident happened earlier. A case commenced before that date follows New York's prior pure comparative negligence rule.
If there are multiple defendants, how is my fault compared?▼
CPLR § 1411(b) compares your fault to the combined culpable conduct of all defendants in the action, not to any single defendant individually.
Does my no-fault (PIP) insurance still pay if I was partly at fault?▼
Yes. Your own insurer still pays your medical bills and lost wages, up to $50,000, no matter who was at fault. The new 50% rule only affects a separate lawsuit against the other driver.
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How this was sourced
Reviewed by: William K. Mattar, J.D. · NY Bar #2280535 · Data as of: Jul 2026 · Next review: 2026-Q4.
What this does not cover: the facts of your specific crash, or any outcome.
Sources & Citations
- statute[1] CPLR § 1411(b): Comparative Negligence, Motor-Vehicle Cases ↗
- statute[2] Insurance Law § 5104(a): Fault Determined Before Serious Injury ↗
This page applies to New York State law. The 2026 comparative-fault reform is specific to New York motor-vehicle cases and differs from fault rules in other states.
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