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★ New York · whiplash

Whiplash settlements
in New York.

By Reviewed by Abd Shanti, Founder9 min read

New York changed its car crash rules on 26 May 2026. The 90/180 day route to the serious injury threshold is gone, and a driver more at fault than the other side can no longer recover at all.

Facts that decide a whiplash claim in New York

Serious injury thresholdPain and suffering after a car crash requires a serious injury: death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, or significant limitation of use. The 90/180 day category was removed effective 26 May 2026.Insurance Law § 5102(d); NYSBA Law Digest, August 2026
Fault rulePure comparative fault: your culpable conduct “shall not bar recovery” but reduces damages. Since 26 May 2026, in car crash suits under the no fault law, a claimant whose culpable conduct is greater than the defendants’ recovers nothing.CPLR 1411(a) and (b); NYSBA Law Digest, August 2026
Deadline to sueThree years for “an action to recover damages for a personal injury,” with exceptions for some claims.CPLR 214(5)
Seat belt useAffects damages only, never liability, and the defense must plead it.Veh. & Traf. Law § 1229-c(8), in the MyClaimWorth seat belt chart
united states · sister site
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★ NY · reported whiplash outcomes

What New York courts have awarded.

Real New York decisions and verdicts, each linked to the court record or official report.

  • Santos v. Fiktus
    Appellate Division, Second Department · 2024
    Dismissal reversed; claims reinstated

    After a car crash the defendants won summary judgment on the plaintiff’s claims of serious injury under the 90/180 day category and to his left knee and shoulder. The Second Department reversed and reinstated those claims for trial. Under the 2026 amendments, the 90/180 day category used in this case is no longer part of the definition of serious injury.

  • Petit v. Archer
    Appellate Division, Second Department · 2023
    $3,329,760.76 judgment, affirmed

    In 2013 a passenger on a New York City Transit Authority bus injured the cervical and lumbar regions of her spine. After liability was found against the driver and the Transit Authority, a jury awarded $600,000 for past and $1,500,000 for future pain and suffering, $525,000 for future lost earnings and $1,800,000 for future medical costs. The trial court cut the future figures to $1,200,000, $396,000 and $700,000 with her consent, and the Second Department affirmed the $3,329,760.76 judgment.

★ NY · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in New York.

  1. 1

    Proof of limitation now carries the case. Without the 90/180 day category, soft tissue claims must show permanent or significant limitation measured by a doctor.

  2. 2

    Check when the suit was filed. The new 51% bar applies to car crash actions commenced on or after 26 May 2026.

  3. 3

    Seat belt nonuse can cut damages but only if the defense pleads it, and it never decides fault.

  4. 4

    Neck and back injuries can still produce large awards. The bus passenger in Petit kept a judgment of more than $3.3 million after the court trimmed the future damages.

★ NY · statute of limitations
3 years for personal injury; 2 years 6 months for medical malpractice

CPLR § 214, § 214-a

★ NY · fault rule
Pure comparative negligence

Pure comparative negligence under CPLR Article 14-A, except that since 26 May 2026 a claimant in a car crash case under the no-fault law whose fault is greater than the defendants’ recovers nothing (CPLR 1411(b)).

★ whiplash · same region & fault regime

Compare to like jurisdictions.

How New York's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for whiplash claims.

JurisdictionFault ruleLimitationWhiplash page
New York · you are herePure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice—
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · whiplash →
Rhode IslandPure comparative negligence3 years from date of injuryRI · whiplash →
VermontModified comparative, 51% bar3 years from date of injuryVT · whiplash →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · whiplash →
DelawareModified comparative, 51% bar2 years from date of injuryDE · whiplash →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · whiplash →
WashingtonPure comparative negligence3 years from date of injuryWA · whiplash →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · whiplash →
ArizonaPure comparative negligence2 years from date of injuryAZ · whiplash →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · whiplash →
North CarolinaPure contributory negligence3 years from date of injuryNC · whiplash →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · whiplash →
★ NY · whiplash · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in New York? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of NY
New York overview

Fault rule, statute, caps, and key facts for New York as a whole.

★ national frame
Whiplash in United States

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in New York. See /methodology, /sources, and /disclaimer.