What Is Modified Comparative Fault in New York?

After an accident, figuring out who was responsible isn’t always as simple as blaming one person. Two or more people may have contributed to what happened, and New York law allows fault to be divided between the parties involved.

Up until recently, New York used a system known as pure comparative fault to determine how an injured person’s own actions can affect their ability to recover compensation. However, in May 2026, New York changed this rule to a modified comparative fault system, making a person’s percentage of fault even more important when filing a claim.

If you were injured in an accident, even if you believe you may have been partially responsible, Cellino Law can review what happened and explain how New York’s modified comparative fault laws could affect your claim. Schedule a free case evaluation online or call 888-888-8888 to speak with our team.

Key Takeaways About Modified Comparative Fault in New York

• Modified comparative fault allows responsibility for an accident to be divided between two or more people.
• The modified comparative fault rule applies to certain motor vehicle personal injury cases covered by Article 51 of the New York Insurance Law.
• An injured person can be barred from recovering damages if their percentage of fault is greater than the combined fault of the people they are seeking compensation from.
• In a typical two-driver accident, someone who is more than 50% responsible may be barred from recovering damages from the other driver.
• Evidence such as police reports, videos, witness statements, vehicle damage, and electronic records can help determine how fault should be divided.

What Is Modified Comparative Fault?

Modified comparative fault is a rule that applies when more than one person shares responsibility for an accident. Each person can be assigned a percentage of fault, which can affect both their ability to recover compensation and how much they can receive when filing a claim.

If an injured person is partially at fault, their compensation may be reduced by their percentage of responsibility. However, if their share of fault exceeds 51%, they can be barred from recovering damages.

Did New York Change to Modified Comparative Fault?

In 2026, New York changed its comparative negligence law for certain motor vehicle personal injury cases. Previously, New York followed a pure comparative negligence rule, meaning an injured person could still recover damages even if they were mostly at fault, although their compensation was reduced by their percentage of responsibility.

Under the updated law, certain motor vehicle injury claims now follow a modified comparative fault rule. If an injured person’s share of fault is greater than the fault of the person they are seeking compensation from, or greater than the combined fault of multiple parties they are seeking compensation from, they are barred from recovering damages.

New York’s traditional pure comparative negligence rule still applies to other personal injury and wrongful death claims that are not covered by this exception.

Pure Comparative Fault vs. Modified Comparative Fault

The main difference between pure comparative fault and modified comparative fault is whether a person’s percentage of responsibility can prevent them from recovering damages.

• Pure comparative fault: An injured person can recover damages even if they are mostly responsible for an accident, although their compensation is reduced by their percentage of fault.
• Modified comparative fault: Compensation can still be reduced based on fault, but a person can also be barred from recovering if their share of responsibility exceeds the applicable threshold.

New York continues to use pure comparative fault for many personal injury cases, while certain motor vehicle injury claims are now subject to modified comparative fault.

What Is New York’s New 51% Rule?

New York’s new 51% rule applies to certain motor vehicle injury cases under the state’s modified comparative fault system. The rule looks at how an injured person’s share of fault compares with the fault of the person or parties they are seeking compensation from.

In a typical two-driver accident, someone who is 50% at fault may still be able to recover damages. However, if they are found 51% or more at fault, they may be barred from recovering compensation from the other driver.

When multiple parties are involved, the injured person’s fault is compared with the combined fault of the parties they are seeking compensation from.

How Does Modified Comparative Fault Affect Compensation?

If an injured person is still eligible to recover damages, their compensation is reduced according to their percentage of fault.

For example, if your damages total $100,000 and you are found 20% responsible for the accident, your potential recovery could be reduced to $80,000. If you are found 50% responsible, your potential recovery could be reduced to $50,000.

This means your percentage of fault can affect both whether you are able to recover compensation and how much you may ultimately receive.

What Happens If More Than Two People Are at Fault?

When several people share responsibility for an accident, the injured person’s fault is compared with the combined fault of the parties they are seeking compensation from.

For example, if you are found 40% at fault and two other drivers are each found 30% at fault, their combined fault is 60%. Because your share is lower, you could still recover damages, although your compensation could be reduced by your 40% share of fault.

How Is Fault Determined After a Car Accident?

Determining fault requires looking at the available evidence rather than relying only on what each driver says happened. Evidence used to evaluate fault can include:

• Police accident reports
• Photos and videos from the scene
• Dashcam or surveillance footage
• Witness statements
• Vehicle damage
• Traffic signs and signals
• Cell phone or electronic records
• Vehicle data
• Accident reconstruction evidence

An insurance company may make its own determination about fault while reviewing a claim, but that decision does not necessarily determine what happens if the claim is disputed or a lawsuit is filed.

Does Modified Comparative Fault Apply to Every Personal Injury Case in New York?

New York’s modified comparative fault rule applies to certain motor vehicle injury claims, not every personal injury case.

Cases that generally remain under New York’s pure comparative fault rule include:

• Slip and fall accidents
• Premises liability claims
• Construction accidents
• Dog bite claims
• Product liability cases
• Medical malpractice claims

In these cases, compensation may still be reduced by the injured person’s percentage of fault, but the 51% cutoff generally does not apply.

How Does New York’s No-Fault System Fit Into This?

New York’s modified comparative fault rules for covered motor vehicle cases work alongside the state’s no-fault insurance system. Under Article 51 of the Insurance Law, certain first-party benefits are available after qualifying motor vehicle accidents through the no-fault system.

Basic economic loss can include certain medical expenses, lost earnings, and other qualifying costs, subject to the limits and requirements in the statute. These benefits are separate from a personal injury lawsuit seeking additional damages from another responsible party.

What Should You Do If You Think You Were Partially at Fault?

Being partially responsible for an accident does not automatically bar you from pursuing compensation for your injuries. Fault can be disputed, and the percentage of fault assigned to each person often depends on the evidence that’s available.

After an accident, you should:

• Get medical attention for your injuries, even if you feel fine.
• Take photos and videos of the scene, your injuries, and other damages.
• Obtain a copy of the police report or incident report.
• Save medical bills and other records related to your injuries.
• Keep any available witness or insurance information.
• Avoid admitting fault or guessing about who was responsible at the scene or when speaking to the insurance adjuster.

A personal injury attorney can review the evidence and explain how they can impact your case.

How Can a Personal Injury Attorney Help With Modified Comparative Fault?

When fault is disputed after an accident, an attorney can investigate the accident, gather evidence, and determine how New York’s comparative fault rules apply to your case.

Depending on the circumstances, an attorney may:

• Review police and accident reports
• Speak with witnesses
• Obtain surveillance or dashcam footage
• Review vehicle and insurance records
• Identify other parties who may share responsibility
• Challenge an unfair assessment of fault

An attorney can also determine whether the modified comparative fault rule or New York’s traditional pure comparative fault standard applies. If a fair settlement cannot be reached, Cellino Law’s attorneys have trial experience and are prepared to take a case to court when necessary.

Speak With An Attorney About Modified Comparative Fault

Modified comparative fault can affect a car accident claim when multiple people share responsibility for an accident. The state’s 2026 changes also mean certain motor vehicle injury cases are treated differently when an injured person is more at fault than the person or parties they are seeking compensation from.

If you were injured in an accident and have questions about fault, Cellino Law can review the evidence, explain which comparative fault rules apply, and help you understand your legal options.

Schedule a free case evaluation online or call 888-888-8888 to speak with a member of our team. There is no fee unless we win your case.