In New York, modified comparative fault governs crash claims. You can recover at up to 50 percent fault, though your compensation drops by that same percentage; above that, you recover nothing. Reducing your assigned share through evidence is the central task. For actions commenced on or after May 26, 2026, CPLR 1411(b) bars recovery in personal injury actions subject to New York's no-fault law (Insurance Law article 51) when your share of fault is greater than the combined fault of those you sue.
How Modified Comparative Fault Shapes Your Crash Claim
Modified comparative fault in New York bars a crash claim based on the claimant's fault percentage only above 50 percent. If you are 10 percent at fault, your recovery is reduced by 10 percent. If you are 70 percent at fault, you recover nothing. The claim survives at every level up to 50 percent, so the question is how much and, near that line, whether.
This does not mean fault allocation is unimportant. Each percentage point of fault directly reduces the dollar value of your recovery. In a substantial crash claim, a 15-point difference in fault allocation can shift the recovery significantly. The insurer knows this and will attempt to assign the highest fault percentage the evidence can support.
Reducing Your Fault Share Through Crash Evidence
Fighting fault allocation in a modified comparative state means building an evidence case that the insurer cannot ignore. The insurer's initial fault estimate is designed to maximize their savings — not to reflect the facts accurately. Your task is to present evidence compelling enough to force a lower number.
The most effective crash evidence is objective and contemporaneous. Photographs taken at the scene before cleanup, event data recorder output from the seconds before impact, and unedited surveillance footage carry more weight than statements made days or weeks later. Witness accounts are strongest when recorded promptly with full contact details. A formal spoliation letter preserving the other vehicle's electronic data should be sent immediately — once that data is gone, it cannot be reconstructed.
A worked example with New York’s rule applied
Take a crash claim with documented losses like these:
| Medical bills | $26,300 |
| Lost wages | $5,200 |
| Other out-of-pocket costs | $650 |
| Pain and suffering (1.5× medical) | $39,450 |
| Gross value before fault | $71,600 |
Under New York’s 51% bar, percentages behave like a cliff edge. At 50% fault this claim still pays $35,800; at 51% it pays $0. One percentage point moves $35,800, which is why the fault number in the adjuster's file is worth arguing about with evidence, not estimates.
Building the Crash Evidence File in New York
The strongest crash claims are built on layered evidence. Witness statements provide context that photographs and data alone cannot — the color of the traffic light, the speed of a lane change, the behavior of a driver moments before impact. Collect contact information from every witness at the scene before they leave.
Surveillance cameras at nearby businesses, traffic monitoring systems, and residential doorbell cameras may have captured the collision from angles no witness observed. This footage is typically overwritten within 48 to 72 hours. Identifying camera locations and requesting footage preservation before the recording cycles out is one of the most time-sensitive tasks after any crash in New York. Delay here means permanent evidence loss.
Before you rely on any number here
This page is general information, not legal advice. Nothing on crashlawyers.us creates an attorney–client relationship, and no estimate produced by the calculator is a valuation, a prediction or an offer.
CrashLawyers.us is an independent informational website operated by Mustafa Bilgic, an individual who is not a licensed attorney and does not run a law firm. We do not accept cases, review documents, negotiate with insurers or refer you to a particular lawyer.
Deadlines, fault rules, damage caps and insurance requirements differ by state and change over time, and a missed deadline can end a valid claim permanently. Consult a licensed attorney in your state before you accept, reject or file anything. To find one independently, use your state bar’s referral service or the American Bar Association’s Find Legal Help directory.
Questions
New York questions
Does shared fault destroy my crash claim in New York?
No. New York follows modified comparative fault, meaning your claim survives at fault levels up to 50 percent. Your recovery is reduced by your assigned fault percentage — 30 percent fault means 70 percent of total damages. The dispute is always about the size of your fault share, and evidence is what determines that number.
How is the fault percentage determined in a New York crash case?
Fault percentage is built from crash-scene evidence: police reports, photographs, vehicle data recorder output, witness statements, and sometimes expert reconstruction. The insurer proposes a number, but that number is not final. Stronger documentation gives you leverage to challenge the assessment and push the assigned percentage lower.
If I am mostly at fault for a crash in New York, can I still recover damages?
No. Modified comparative fault bars recovery once your fault is above 50 percent. A claimant at 80 percent fault collects nothing. The insurer will attempt to assign the highest percentage possible, so your crash-scene evidence is the primary tool for limiting that number and increasing your recovery.
- Sources: state comparative-fault statutes · Insurance Information Institute · Bureau of Labor Statistics · IRS Pub. 4345 · NHTSA
- Last reviewed 2026-08-25. Statutes, caps and fault rules change — re-check anything time-sensitive with a licensed attorney.