New York (May 26, 2026)
Part EE of Chapter 58 of the Laws of 2026 (S9008-C / A10008-C). Auto cases got a more-at-fault bar. The rest of New York negligence law did not.
Last checked Sep 16, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- If you share blame
- A motor-vehicle injury case subject to Insurance Law Article 51, filed on or after May 26, 2026, can be barred if you are more at fault than the other driver, or more at fault than the other drivers combined. That is CPLR 1411(b). A slip in a store, a dog bite, or a product case is still pure comparative under 1411(a): sharing blame cuts the check, it does not zero it out.
- Ordinary injury time limit
- 3 years. CPLR § 214(5). Tolling, discovery rules, and other claim types can change that. Use the time-limit tool, then have a lawyer confirm the subsection.
- Caps on pain and suffering
- No general cap on pain-and-suffering for ordinary injury. After May 26, 2026, Insurance Law § 5104(d) caps noneconomic loss at $100,000 in a narrow set of at-fault auto cases (certain uninsured, impaired, or felony-related drivers, not death cases). That is a statutory box, not a number for anyone else's file.
What that actually means
Do not read a Florida explainer and assume New York copied the whole house. Florida's 51% bar after HB 837 is ordinary negligence. New York's 2026 bar is a carveout for personal-injury actions subject to the No-Fault Law.
The law applies to actions commenced on or after May 26, 2026. An older crash filed after that date can still sit on the new rule. Accrual and commencement are not the same word.
The ordinary injury clock is still three years (CPLR 214(5)). City and transit files can still die on a 90-day notice. None of that moved with the budget bill.