New York Injury Law Compared With New Jersey and Neighbouring States
New York differs from its neighbours on every axis that decides what a case is worth: whether a threshold applies, who sets it, how fault is counted, and how long you have to sue.
New York compared with neighbouring states
Authority: CPLR 1411(a), (b); N.J.S.A. § 2A:15-5.1; 42 Pa.C.S. § 7102; Conn. Gen. Stat. § 52-572h; M.G.L. c. 231 § 85; 12 V.S.A. § 1036
| State | System | Threshold to sue for pain & suffering | Comparative fault | Limitations |
|---|---|---|---|---|
| New York | Mandatory no-fault (PIP) for every registered vehicle | Verbal threshold — eight statutory "serious injury" categories; the 90/180-day category was deleted in May 2026 | Split: modified comparative fault (barred above 50%) in article 51 motor-vehicle cases; pure comparative fault everywhere else CPLR 1411(a), (b) | 3 years (2 years for wrongful death) |
| New Jersey | Choice no-fault — the insured selects their tort rights at purchase | Election between the "limitation on lawsuit" (verbal threshold) option and the "no limitation on lawsuit" option, which preserves the full right to sue for a higher premium | Modified comparative fault — recovery barred above 50% N.J.S.A. § 2A:15-5.1 | 2 years |
| Pennsylvania | Choice no-fault | Election between "limited tort", which restricts non-economic recovery to serious injury, and "full tort", which preserves it | Modified comparative fault — recovery barred above 50% 42 Pa.C.S. § 7102 | 2 years |
| Connecticut | Traditional tort — Connecticut repealed its no-fault system | None. There is no statutory injury threshold to clear before suing for pain and suffering | Modified comparative fault — recovery barred above 50% Conn. Gen. Stat. § 52-572h | 2 years |
| Massachusetts | Mandatory no-fault (PIP) | Monetary threshold — a medical-expense figure, or specified injuries such as fracture or permanent disfigurement, rather than New York’s verbal categories | Modified comparative fault — recovery barred above 50% M.G.L. c. 231 § 85 | 3 years |
| Vermont | Traditional tort | None | Modified comparative fault — recovery barred above 50% 12 V.S.A. § 1036 | 3 years |
The structural divide that matters most to a New York practitioner is the threshold. New York uses a verbal threshold imposed by statute on every claimant. New Jersey and Pennsylvania use a chosen threshold: the insured decided at purchase whether to keep full tort rights, and that election, not a statute, controls what the claim is worth. Connecticut and Vermont impose no threshold at all.
The fault divide now runs the other way. Until May 2026 New York was the outlier for being purely comparative while every neighbouring state barred recovery above 50%. The 2026 amendment moved New York motor-vehicle cases into line with its neighbours, while leaving premises, products, construction and wrongful-death cases purely comparative. New York is now the only state in the region running two different comparative-fault rules side by side.
For a case with multi-state contacts, the combination of Labor Law § 240(1), Vehicle and Traffic Law § 388 and the CPLR 1602(6) exception to Article 16 generally makes New York the more favourable forum for a plaintiff, which is why choice of law is worth briefing where New York contacts exist. In Shaw v. Coach a New York court applied the § 1602(6) exemption to a New York plaintiff’s claim arising from a New Jersey accident.
Neighbouring-state entries above state the structural rule with the governing statute cited. Confirm the current text and any recent amendment before relying on them in a filing.
Related topics
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