New York Personal Injury Law After the 2026 Fault Rule Change
Reviewed and sourced. Educational information only, not legal advice. How we research and review .
- Most New York personal injury lawsuits must be filed within three years (CPLR 214(5)), and wrongful death within two years of death (EPTL 5-4.1).
- In May 2026, New York added CPLR 1411(b), which bars recovery in covered motor vehicle injury cases when your fault is greater than the defendant's.
- For most other injury claims, New York still applies pure comparative negligence under CPLR 1411(a).
- Claims against government bodies generally require a notice of claim within 90 days (General Municipal Law §50-e).
- New York's no-fault system and its serious injury rules also changed in 2026, so check the current text.
Last checked against official sources: October 6, 2026. Laws change, and courts interpret them. Before relying on a deadline or rule, confirm it on your state's official website or with a licensed attorney.
New York injury law changed this year, and most older guides do not mention it. For decades the state used pure comparative negligence for every kind of injury case. In May 2026 a new budget law added a stricter fault rule for certain car, truck and motorcycle cases.
This guide explains the rules that matter most, flags what is new, and shows where to read the law yourself. It is educational information only and not legal advice. Because the 2026 changes are recent, confirm details on the official New York State Senate website.
New York personal injury rules at a glance
| Rule | What it says | Where it comes from |
|---|---|---|
| Injury deadline | Three years | CPLR 214(5) |
| Wrongful death deadline | Two years from the date of death | EPTL 5-4.1 |
| Fault rule (most claims) | Pure comparative: fault reduces damages but does not bar recovery | CPLR 1411(a) |
| Fault rule (motor vehicle, new) | Recovery barred if your fault is greater than the defendant's or the combined fault of the defendants, for actions subject to Insurance Law Article 51 | CPLR 1411(b), added 2026 |
| Government notice | Notice of claim within 90 days for many public bodies | General Municipal Law §50-e |
| No-fault system | Applies to motor vehicle injuries; serious injury threshold for lawsuits | Insurance Law Article 51, §5102 |
The three-year deadline
Under CPLR 214(5), an action to recover damages for personal injury generally has a three-year limit. That covers most car, slip-and-fall and similar cases against private parties. Wrongful death follows a separate rule in Estates, Powers and Trusts Law 5-4.1: two years from the date of death, running independently of the injured person's original injury deadline.
What changed in 2026: the new fault bar
New York's 2026 budget legislation was signed on May 26, 2026 as Chapter 58. Among other things, it added CPLR 1411(b). In an action to recover damages for personal injury that is subject to Article 51 of the Insurance Law, which is New York's motor vehicle no-fault law, recovery is barred if the claimant's culpable conduct is greater than the culpable conduct of the person sued, or greater than the combined culpable conduct of the persons sued.
In plain English: in a covered motor vehicle case, if a jury finds you more at fault than the other side, you may recover nothing. If your fault is 50 percent or less, recovery is reduced by your percentage. Law-firm analyses report that the new rule applies to actions commenced on or after May 26, 2026, while earlier actions remain under the pure rule. Confirm the effective-date rules for your own case.
| Your share of fault | Recovery on $100,000 in damages |
|---|---|
| 0 percent | $100,000 |
| 30 percent | $70,000 |
| 50 percent | $50,000 |
| 51 percent | $0 under CPLR 1411(b) for covered motor vehicle cases |
Important: this applies to motor vehicle injury actions subject to Article 51. For other claims, such as slip and fall, the older pure comparative rule in CPLR 1411(a) still applies, so partial fault reduces damages without barring recovery. See our guide to comparative negligence.
New York's no-fault system
New York is a no-fault state for motor vehicle injuries. Basic no-fault benefits pay medical costs and part of lost earnings up to a limit, whoever caused the crash. Two timing points stand out: a no-fault application generally has to be submitted within 30 days, and people injured by a hit-and-run or an uninsured vehicle may go through the Motor Vehicle Accident Indemnification Corporation, which has its own 90-day notice requirement.
To sue for non-economic damages such as pain and suffering after a car crash, you must meet New York's serious injury threshold in Insurance Law Section 5102(d). Reports on the 2026 budget say lawmakers also changed that threshold, including removing the category based on being unable to perform daily activities for 90 of the 180 days after the crash and tightening the need for objective medical proof. Because this is new, read the current text of §5102(d) before relying on any older description.
Claims against government: the 90-day notice
If a city, county, town, village, school district, transit authority or other public body may be responsible, General Municipal Law Section 50-e generally requires a notice of claim within 90 days after the claim arises. A lawsuit against many of these bodies must then be started within one year and 90 days under Section 50-i. A court can sometimes allow a late notice, but it weighs several factors and is not guaranteed.
Practical steps
- Get medical care and keep every record.
- If it is a car crash, submit the no-fault application within 30 days.
- If a public body may be involved, serve a notice of claim within 90 days.
- Document the scene. See our car accident checklist.
- Be careful with recorded statements, since fault percentages now matter more in motor vehicle cases.
- Mark three years (or less) on your calendar. Use our deadline finder as a starting point.
Frequently asked questions
How long do I have to file a personal injury lawsuit in New York?
Generally three years under CPLR 214(5). Wrongful death is two years from death under EPTL 5-4.1.
Can I recover if I was partly at fault in New York?
In most cases yes, reduced by your percentage. For covered motor vehicle cases under the 2026 rule, recovery is barred if your fault is greater than the defendants'.
What is a notice of claim?
A formal notice served on a public body, generally within 90 days, before you can sue it. The deadline is much shorter than the general three years.
Is New York a no-fault state?
Yes, for motor vehicle injuries under Insurance Law Article 51, with a serious injury threshold for pain and suffering lawsuits. The threshold was changed in 2026, so check the current law.
Sources and references
- CPLR §214, New York State Senate (nysenate.gov)
- CPLR §1411, New York State Senate (nysenate.gov)
- General Municipal Law §50-e, New York State Senate (nysenate.gov)
- Key Changes to New York Motor Vehicle Litigation Under the 2026 CPLR and Insurance Law Amendments, Bond, Schoeneck & King (analysis; bsk.com)
- Comparative negligence, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Statute of limitations, Legal Information Institute, Cornell Law School (law.cornell.edu)
Edited by Mohammed Khalaf, site editor. Written from the official sources listed above. The editor is not an attorney, and this article is not legal advice.
This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.