New York Fault Rule
Pure Comparative Negligence + No-Fault PIP: New York combines pure comparative fault (recovery allowed up to 99% fault) with comprehensive No-Fault insurance covering up to $50,000 in basic economic loss regardless of collision causation.
Statute of Limitations
3 Years (NY CPLR § 1411 & NY Ins. Law Article 51): Claimants must finalize settlement agreements or initiate formal civil litigation within 3 years of the collision date.
Statutory Insurance Minimums
25/50/10 ($25k bodily injury / $50k per accident / $10k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in New York
When negotiating auto accident claims in New York, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under New York Civil Practice Law and Rules § 1411, claimant fault never eliminates recovery completely, but reduces payouts proportionally. To pursue non-economic pain and suffering damages against an at-fault driver, claimants must satisfy the statutory "serious injury" threshold under NY Insurance Law § 5102(d). Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.