New York personal injury rules: deadlines, fault and government claims
New York allows three years for most personal injury suits, requires a 90-day notice of claim for many claims against public corporations, and in 2026 changed its comparative fault rule for personal injury actions subject to the no-fault motor vehicle law.
These summaries describe the general rule in each cited provision. Deadlines can be shortened, extended or paused by other rules, and the correct deadline depends on the type of claim, the defendant and the facts. If a deadline may be close, speak with a lawyer licensed in New York promptly.
Filing deadline: personal injury
- Applies to
- Actions to recover damages for a personal injury
- In plain English
- Most personal injury actions must be commenced within three years.
- Legal provision
- N.Y. CPLR 214(5)
- Official source
- New York State Senate, Consolidated Laws (opens in a new tab)
- Exceptions
- CPLR 214(5) itself carves out actions covered by sections 214-b, 214-c, 214-i and 215, and other periods apply to some claims (for example medical malpractice) and to claims against public corporations. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Shared fault: comparative fault (changed 2026)
- Applies to
- Actions to recover damages for personal injury
- In plain English
- Generally, a claimant’s own culpable conduct does not bar recovery; damages are reduced in proportion to the claimant’s share (pure comparative fault). However, a new subsection (b) provides that in personal injury actions subject to Article 51 of the Insurance Law (the motor vehicle no-fault law), the claimant’s recovery is barred if their culpable conduct is greater than that of the person, or the combined conduct of the persons, against whom recovery is sought. The New York Department of Financial Services states that this change, enacted as Part EE of Chapter 58 of the Laws of 2026, took effect May 26, 2026 and applies to actions commenced on or after that date.
- Legal provision
- N.Y. CPLR 1411(a), (b); L. 2026, ch. 58, Part EE
- Official source
- New York State Senate, Consolidated Laws; NY Department of Financial Services Insurance Circular Letter No. 3 (2026) (opens in a new tab) · additional official source (opens in a new tab)
- Exceptions
- This is a recent change. How it applies to accidents that occurred before May 26, 2026 but are sued on later, and which actions are “subject to Article 51”, may be the subject of court decisions. Seek current legal advice for any motor vehicle claim. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
Government claims: notice of claim and filing deadline
- Applies to
- Tort claims against public corporations (such as cities, counties, towns and many authorities) where a notice of claim is required by law
- In plain English
- A notice of claim generally must be served within 90 days after the claim arises, and the lawsuit generally must be commenced within one year and 90 days after the event.
- Legal provision
- N.Y. Gen. Mun. Law §§ 50-e(1)(a), 50-i(1)(c)
- Official source
- New York State Senate, Consolidated Laws (opens in a new tab) · additional official source (opens in a new tab)
- Exceptions
- In wrongful death actions the 90 days run from the appointment of an estate representative. Courts may permit late notice in some circumstances. Claims against the State of New York itself go to the Court of Claims under separate rules not covered here. Exceptions and special circumstances may apply.
- Last reviewed
- October 14, 2026
What this page does not cover
This page does not cover medical malpractice, product liability, workers’ compensation, wrongful death procedure, damage caps outside government claims, insurance minimums, or every exception within the cited statutes. ClaimSettleIQ’s Settlement Estimator does not apply these rules automatically; its fault illustration uses only the rule you select.