New York Comparative Negligence Calculator (2026 Update)

New York was pure comparative negligence for every personal injury claim since 1975. As of May 2026, that changed for car accidents specifically. Pick your claim type to see which rule applies.

CPLR § 1411(a) & (b) — 2026 update FigureMyTax Editorial Team Free · no sign-up

Which rule applies to your claim?

Pick the type of claim, enter your estimated damages, and your best estimate of your own share of fault.

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A genuinely major, very recent change

Since 1975, New York has been a pure comparative negligence state under CPLR § 1411 — meaning a claimant's own fault never barred recovery entirely, no matter how high that percentage climbed. That changed as part of New York's 2026 state budget, signed into law on May 27, 2026. A new subsection, CPLR § 1411(b), carves out motor vehicle accident cases governed by Article 51 of the Insurance Law (New York's No-Fault framework) and moves them to a modified comparative fault system with a genuine 51% bar — while every other type of personal injury claim continues under the original pure comparative rule in CPLR § 1411(a).

The new rule for car accidents

Under the new CPLR § 1411(b), a plaintiff found to be more than 50% at fault for a motor vehicle accident now recovers nothing at all — the same kind of hard bar used in roughly 21 other states. Where multiple defendants are involved, the plaintiff's own share must exceed the combined share of all defendants to trigger the bar. This change applies to actions commenced on or after May 26, 2026.

The original rule, still very much alive elsewhere

Outside of motor vehicle accidents, New York's original pure comparative negligence rule continues to apply without modification. A claimant in a slip-and-fall, premises liability, medical malpractice, or assault case can still recover something even if found 90% or more at fault, with damages simply reduced in proportion to their own share.

A real damages cap tied to specific risk categories

Alongside the new 51% bar, a new Insurance Law § 5104(d) caps non-economic damages (pain and suffering) at $100,000 in a motor vehicle case where the injured plaintiff is at fault, not fully barred under the new rule, and falls into a specific risk category — such as operating an uninsured vehicle, or operating while impaired and subsequently convicted. See our full guide to how fault is assigned in New York for more on this.

New York comparative negligence — frequently asked questions

Is New York still a pure comparative negligence state?

For most personal injury claims, yes, under CPLR 1411(a). But as of a May 2026 reform, motor vehicle accident cases subject to the No-Fault law now follow a new modified 51% bar instead, under CPLR 1411(b).

When did New York's new 51% bar for car accidents take effect?

The new CPLR 1411(b) rule applies to actions commenced on or after May 26, 2026, following the Governor's signing of the state budget on May 27, 2026.

What happens if I'm found 51% at fault in a New York car accident now?

Under the new rule, you recover nothing — a complete bar, where before 2026 you would have recovered a reduced amount under the old pure comparative system.

Does the new 51% bar apply to a slip-and-fall or other non-auto injury in New York?

No. Outside of motor vehicle accidents governed by the No-Fault law, New York's original pure comparative negligence rule under CPLR 1411(a) still applies, with no bar regardless of fault percentage.

Is there an added damages cap for certain at-fault drivers in New York?

Yes. A new Insurance Law section caps non-economic damages at $100,000 for an at-fault driver who was uninsured, impaired and convicted, or in certain other specific circumstances, even when not fully barred under the new 51% rule.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on New York statute (CPLR 1411(a), 1411(b), effective May 26, 2026; Insurance Law § 5104(d)) verified per our methodology. This is a very recent legal change — confirm how it applies to a specific claim with a licensed New York attorney before acting.