Fault & Liability in Car Accidents in NY

New York is a no-fault state, so your own insurer pays first and you can only sue for pain and suffering if your injury clears the serious injury threshold. Here are the exact New York rules, numbers, and 2026 changes.

New York's 2026 tort reform added a 50% fault bar for car crash injury claims under CPLR 1411(b), while pure comparative negligence still governs death, property damage, and non-car cases.