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Is New York a No-Fault State?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Sep 1, 2026

Read Time: 4 mins

New York is one of twelve states that apply no-fault liability rules to auto accidents. Under those rules, a motorist’s own insurance covers his or her injuries, regardless of who caused the accident. In certain circumstances, no-fault insurance precludes the need to sue an at-fault driver to recover compensation for injuries. When those injuries are significant, however, a car accident lawsuit may be necessary to collect the full amount of damages that an injured party is entitled to recover.

The personal injury lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent injured parties in car accident lawsuits in Rockland County and elsewhere in New York State. Call us today for a free consultation to discuss your case. We are happy to outline all of your legal options and help you decide on the best route to full and fair compensation for your losses.

If you or a loved one were injured because of the negligent actions of another motorist call us today for a free consultation.

What are the minimum no-fault insurance coverage limits in New York?

New York requires drivers to carry at least $25,000 in liability coverage for each person injured in an accident and at least $50,000 of total bodily injury coverage. The State also requires drivers to carry at least $10,000 in coverage for property damage, and $50,000 of personal injury protection (PIP) insurance, which covers medical expenses, lost wages, and essential services for injured drivers and passengers.

When will a person have a right to file a lawsuit in a no-fault state?

An injured party can sue an at-fault driver after a car accident when that party’s injuries are severe. Generally, this includes:

Broken bones and complex bone fractures
Injuries that leave scars or other disfigurements
Loss or severe damage to internal organs or bodily functions
Loss of a limb
Fetal demise
Permanent nerve damage or paralysis
Traumatic brain injuries
Fatalities

The long-term effects of certain types of injuries, including concussions and other head or brain trauma, may not be apparent in the immediate aftermath of an accident. Moreover, an injured party may be able to recover damages for pain and suffering through a lawsuit where those damages are not otherwise available under no-fault insurance.

Rather than accept a low settlement offer from a no-fault insurance carrier, an injured party should first confer with a car accident lawyer to assess the likelihood of a larger damages award.

How New York’s 2026 Comparative Fault Rules Affect Your Claim

As of May 26, 2026, New York law bars a plaintiff found more than 50% at fault for a motor vehicle accident from recovering non-economic damages, such as pain and suffering. You may still be able to recover a proportional share of your economic damages, such as medical bills and lost wages, but pain and suffering compensation would not be available.

The law also eliminated the “90/180-day” rule, under which a temporary injury lasting at least 90 of the 180 days following an accident could, on its own, qualify as a “serious injury” for purposes of filing a lawsuit. These changes apply to actions commenced on or after that date and affect how much compensation an injured driver can ultimately recover.

Call Kantrowitz, Goldhamer, & Graifman

The personal injury attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent parties in New York car accident lawsuits when no-fault insurance does not cover the full extent of their damages and losses. Contact us as soon as possible after you are injured in a car accident for an assessment of your right to claim greater compensation than may be available under your no-fault insurance policy.

Call us today for a free, no obligation consultation.

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   LWelsh 
 2 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 23 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 87 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 90 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 102 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 125 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 138 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 145 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 148 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Is New York a No-Fault State?

What are the minimum no-fault insurance coverage limits in New York?

When will a person have a right to file a lawsuit in a no-fault state?

How New York’s 2026 Comparative Fault Rules Affect Your Claim

Call Kantrowitz, Goldhamer, & Graifman

Why Trust Us?

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