New York · Comparative Negligence

New York Comparative Negligence Rule

New York follows a pure comparative rule under N.Y. C.P.L.R. § 1411. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

Estimate Your Settlement

Key facts: New York

Rule type
Pure comparative

Claimant can recover at any percentage of fault; damages are reduced proportionally.

Max fault to recover
No cap (99%)
N.Y. C.P.L.R. § 1411 →
How recovery works
Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified
2026-05-22
Source type
Primary (state statute)

Details for New York

New York follows pure comparative negligence under C.P.L.R. § 1411. The claimant’s share of fault reduces but never bars recovery. Comparative fault is an affirmative defense the defendant must plead and prove.

Related: New York statute of limitations

New York gives you 3 years to file a personal injury lawsuit under N.Y. C.P.L.R. § 214.

See the full New York statute of limitations →

Related: New York car accident settlements

The pure comparative rule is one of the biggest factors in what a New York car accident claim pays. Our New York guide covers settlement ranges by injury type and city, with the fault rule and filing deadline applied.

New York car accident settlement calculator →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed New York attorney before relying on it.

See what your New York claim could be worth.

SetCalc estimates personal injury settlements with location-specific data and routes your case to a local attorney for a free review.

Calculate Your Settlement

New York Comparative Negligence FAQ

What comparative negligence rule does New York follow?

New York follows a pure comparative rule under N.Y. C.P.L.R. § 1411. Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in New York?

Yes. New York uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in New York?

Insurance adjusters argue percentage of fault to reduce what they pay. Because New York is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in New York?

New York gives you 3 years to file a personal injury lawsuit under N.Y. C.P.L.R. § 214.

Where can I read the actual rule?

The controlling authority is N.Y. C.P.L.R. § 1411. The full text is linked in the Key Facts section above.

See comparative negligence rules for all 51 covered states

SetCalc Logo

Artificial Intelligence + Attorney InsightTM

What's My Case Worth?
Email Us: [email protected]
ResourcesHow Settlements WorkWhat to ExpectSettlements & VerdictsStatute of Limitations by StateComparative Negligence by StatePartly at Fault? 50-State GuideSettlement GlossaryWhat to Do After a Car AccidentHow to Negotiate with an AdjusterShould I Accept the First Offer?
MenuHomeHow It WorksAboutSuccess StoriesFAQContact Us
AttorneysSetCalc ProfessionalSubmit a Case ResultDeveloper APIInsurance CompaniesState FarmGEICOProgressiveAllstateUSAALiberty MutualFarmersMercury
Case TypesCar AccidentsTrucking AccidentsUber AccidentsLyft AccidentsMotorcycle AccidentsPedestrian AccidentsBicycle AccidentsPassenger SettlementsBus AccidentsUPS AccidentsFedEx Accidents
More GuidesAll Settlement GuidesPain & SufferingDemand LettersSettlement vs LawsuitSettlement TimelineColossus SoftwareShould I Hire an Attorney?BuyCrash / LexisNexis ReportsCar Accident Police Report
Car Accident Settlements by State:AlabamaArizonaCaliforniaColoradoFloridaGeorgiaIllinoisMichiganNebraskaNevadaNew YorkTennesseeTexasUtahWashingtonAll States
Privacy PolicyTerms & ConditionsDo Not Sell My Info

DISCLAIMER: SetCalc is for informational purposes only. We do not provide legal advice, medical advice, or legal representation. We recommend consulting an attorney regarding your case.

ATTORNEY ADVERTISING: setcalc.com is not a law firm or an attorney referral service. The information provided on this site, or any affiliated postings such as videos, blogs, social media, or elsewhere, is not legal advice. No attorney-client or confidential relationship is, or will be, formed by usage of the site. This site is a pooled attorney advertisement. Participating attorneys and law firms who contact Requestors based on form submissions have paid an advertising fee. In CA, this is paid advertising for The Law Offices of Larry H. Parker; Los Angeles, CA. Do not rely on our service or statements from our service when deciding which attorney to hire. All settlement calculations are estimates only and should not be the basis of important legal decisions. Attorney review of estimate is subject to availability and may not be available for some case types, locations, or for those already represented by counsel. If unavailable, we will send estimate by email without attorney review. By submitting your contact info you agree an advertising attorney may contact you using any form of communication, including calls, emails, auto-dial, pre-recorded messages, and text messages. You understand consent is not a condition of purchase. Your use of this website constitutes acceptance of our Terms & Conditions and Privacy Policy.