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New York: shared fault rules

Whether you can still recover money if you were partly at fault for an accident, and how much your share of fault costs you.

Fault system	Pure comparative negligence
When fault bars recovery	Up to 99% at fault: damages reduced by your share
Law	CPLR 1411

Your share of fault usually reduces what you can recover by the same percentage. Insurers use this rule when negotiating, so it matters even if you never sue.

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in New York.

Also for New York: Car insurance by state in New York · Claim deadlines in New York · Small claims limits in New York · Total loss rules in New York · Accident reporting rules in New York · Lemon law rules in New York · Sales tax rates in New York · Phone-while-driving laws in New York · Motorcycle helmet laws in New York · Gas tax in New York

How we checked this

Rules come from a statute-cited 2026 personal injury table and match a defense firm's 51-jurisdiction chart, including Florida's 2023 change to a 51% bar. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.

Cross-checked sources agree   Checked on official source confirmed on a government, court or legislature site   Single detailed source one detailed table built from statutes or official data   Under review sources disagree; read the note and the law.