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New York accident law

New York car accident settlement calculator

New York is a no-fault state that uses modified comparative negligence, 51% bar. You generally have 3 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20265 cited sourcesHow we calculate

Injury lawsuit deadline3 yearsN.Y. CPLR 214(4) and (5); EPTL 5-4.1; General Municipal Law sec. 50-e
Fault ruleModified (51% bar)N.Y. CPLR 1411(b), added by Part EE, sec. 3 of S.9008-C/A.10008-C (FY2027 budget, 2026)
Insurance systemNo-faultPIP required
Minimum liability25/50/10thousands of dollars

New York settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

New York: Modified comparative negligence, 51% bar, no-fault state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a New York attorney about your case.

New York filing deadlines

ClaimDeadline
Personal injury lawsuit3 years
Vehicle and property damage3 years
Wrongful death2 years
Notice of a claim against a government90 days: notice of claim against a public corporation (city, county, town, etc.) within 90 days after the claim arises (Gen. Mun. Law sec. 50-e); in wrongful death the 90 days run from appointment of the estate representative
N.Y. CPLR 214(4) and (5); EPTL 5-4.1; General Municipal Law sec. 50-e. Counted from the accident date in most cases.

Claims against the State go to the Court of Claims under different rules.

If you were partly at fault

New York follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Changed in 2026: For motor vehicle personal injury actions governed by the no-fault law (Insurance Law article 51), a claimant more at fault than the defendant (or than all defendants combined) is barred; at 50% or less, damages are reduced. Per Part EE sec. 5 it took effect immediately (budget enacted late May 2026; All other cases (e.g., premises, products, property damage, and wrongful death not within 1411(b)) remain pure comparative under CPLR 1411.

Source: N.Y. CPLR 1411(b), added by Part EE, sec. 3 of S.9008-C/A.10008-C (FY2027 budget, 2026). Compare all states in the comparative negligence table.

No-fault state

Your own personal injury protection pays your medical bills and lost wages first, with a required minimum of $50,000. The threshold to claim pain and suffering from the at-fault driver: Suit for pain and suffering only for a 'serious injury' (death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential or significant limitation, or 90/180-day disability), or for economic loss above the $50,000 basic economic loss.

Minimum car insurance in New York

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Death limits are higher: $50,000 per person and $100,000 per accident; injury to two or more persons $50,000. Ins. Law 3420(f)(1) requires UM coverage at 25/50 (50/100 death).

Damage caps

New York does not cap pain and suffering in ordinary car accident cases.

Dog bite law

Mixed rule. Strict liability is limited to medical costs and only for a dog already found to be a 'dangerous dog'. Other damages require the common law showing that the owner knew or should have known of the dog's vicious propensities (one-bite style); sec. 123(12) preserves common law claims.

Source: N.Y. Agric. & Mkts. Law sec. 123(10)-(12); common law vicious propensity rule. Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in New York?

3 years from the accident for an injury lawsuit and 3 years for vehicle damage (N.Y. CPLR 214(4) and (5); EPTL 5-4.1; General Municipal Law sec. 50-e). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is New York a no-fault state?

Yes. Your own personal injury protection (PIP) pays your medical bills and lost wages first, whoever was at fault. To sue for pain and suffering: Suit for pain and suffering only for a 'serious injury' (death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential or significant limitation, or 90/180-day disability), or for economic loss above the $50,000 basic economic loss.

What happens if I was partly at fault in New York?

New York follows modified comparative negligence, 51% bar (N.Y. CPLR 1411(b), added by Part EE, sec. 3 of S.9008-C/A.10008-C (FY2027 budget, 2026)). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

What is the minimum car insurance in New York?

$25,000 per person and $50,000 per accident for injuries, $10,000 for property damage (25/50/10). Uninsured motorist coverage is also required.

Does New York cap pain and suffering damages?

Not in ordinary car accident cases.

Sources

Checked against official New York sources November 5, 2026.

  1. New York statute of limitations: N.Y. CPLR 214(4) and (5); EPTL 5-4.1; General Municipal Law sec. 50-e
  2. New York comparative fault: N.Y. CPLR 1411(b), added by Part EE, sec. 3 of S.9008-C/A.10008-C (FY2027 budget, 2026)
  3. New York insurance system: N.Y. Ins. Law Sec. 5102(a), (d); Sec. 5104(a)
  4. New York minimum liability insurance: N.Y. Veh. and Traf. Law Sec. 311(4); Ins. Law Sec. 3420(f)(1)
  5. New York dog bite liability: N.Y. Agric. & Mkts. Law sec. 123(10)-(12); common law vicious propensity rule