State guide · Northeast
New York subrogation law guide
Damages are reduced by the claimant's share but never barred, which governs property subrogation. Since May 2026, CPLR 1411(b) bars a no-fault auto injury claimant whose fault is greater than the defendants'.
New York at a glanceNY
- Property damage
- 3 years
- Bodily injury
- 3 years
- Fault rule
- Pure comparative
- Gov. notice
- 90 days
Overview
New York subrogation runs on two tracks. Property recoveries for collision, water and fire losses follow ordinary tort law: three years under CPLR 214(4) and pure comparative fault under CPLR 1411(a). Bodily injury recoveries sit inside the no-fault system of Insurance Law Article 51, which pays up to $50,000 of basic economic loss as first-party benefits and then removes most of the carrier's ability to recover it. Under Insurance Law 5105, a no-fault insurer recovers those benefits from another insurer only when a vehicle over 6,500 pounds unloaded, or one used principally for hire, is involved, and only through mandatory arbitration. In May 2026 the Legislature added CPLR 1411(b), barring a no-fault personal injury claimant whose fault is greater than the defendants'; property damage stays on pure comparative fault. Public entity deadlines are tight: a 90-day notice of claim under General Municipal Law 50-e, and a 90-day claim or notice of intention against the State under Court of Claims Act 10.
Quick reference with citations
- Property damage SOL
- 3 years
- CPLR 214(4) (three years for injury to property)
- Bodily injury SOL
- 3 years
- CPLR 214(5) (three years)
- Product liability
- 3 years from injury (CPLR 214); toxic exposure claims accrue on discovery (CPLR 214-c); no product statute of repose
- Written contract
- 6 years
- Contract and indemnity recoveries
- Comparative fault rule
- Pure comparative
- CPLR 1411(a); CPLR 1411(b) (added May 2026) for no-fault personal injury actions
- Government notice of claim
- 90 days
- General Municipal Law 50-e: sworn notice of claim within 90 days after the claim arises against cities, counties, towns, villages, school districts and many public authorities, with suit within one year and 90 days (GML 50-i); late notice needs court leave. Against the State, Court of Claims Act 10(3) requires the claim or a notice of intention within 90 days of accrual; a timely notice of intention extends the filing deadline to two years.
Fault rule in practice
How New York's rule changes a $50,000 recovery.
Damages are reduced by the claimant's share but never barred, which governs property subrogation. Since May 2026, CPLR 1411(b) bars a no-fault auto injury claimant whose fault is greater than the defendants'.
Authority: CPLR 1411(a); CPLR 1411(b) (added May 2026) for no-fault personal injury actions
| Insured's share of fault | Recoverable in NY | Under pure comparative |
|---|---|---|
| 0% | $50,000 | $50,000 |
| 20% | $40,000 | $40,000 |
| 50% | $25,000 | $25,000 |
| 60% | $20,000 | $20,000 |
Doctrines that move the number
New York doctrine checklist.
Made-whole doctrine
New York applies the made-whole rule. Winkelmann v. Excelsior Insurance Co. (1995) gives the insured priority when the tortfeasor's coverage cannot pay everyone. Fasso v. Doerr (2009) limited the rule to recoveries that exhaust the wrongdoer's assets and insurance, and held that an insured cannot settle away the carrier's subrogation claim without its consent.
Economic loss doctrine
Bocre Leasing Corp. v. General Motors Corp. (1995) bars tort recovery when a product damages only itself. A property subrogee still recovers in tort when a defect damages other property, such as a dryer fire that spreads into the structure.
Joint and several liability
CPLR Article 16 limits a personal injury defendant 50% or less at fault to its share of non-economic loss, with exceptions in CPLR 1602, including motor vehicle cases. Article 16 does not reach property damage actions, so a property subrogee can collect the full judgment from any liable defendant.
Anti-subrogation and waiver
Strict: no subrogation against the carrier's own insured or anyone insured under the same policy for the covered risk (North Star Reinsurance), which often defeats claims against additional insureds on construction risks.
Practice notes
Working New York subrogation files.
- 1
The 90-day GML 50-e notice runs from the loss, and a subrogation demand letter is not a notice of claim; courts have refused carriers that sent letters instead of a sworn notice with the 50-e(2) contents. The Second Department lets a subrogee rely on its insured's timely notice, so ask what the insured served. Otherwise, petition promptly for leave to serve late notice.
- 2
Property stays on pure comparative fault. Example: a carrier pays $38,500 on a 2022 Toyota RAV4 after a Rochester intersection crash, and the arbitrator finds the insured 55% at fault. The carrier still recovers 45%, or $17,325. The new CPLR 1411(b) bar would defeat the insured's own no-fault injury action at 55%, but it does not reach the collision claim.
- 3
Check every auto injury file for a qualifying vehicle under Insurance Law 5105: a truck, bus or tractor over 6,500 pounds unloaded, or a taxi, livery car or tow truck used for hire. Without one, first-party benefits are not recoverable from the other carrier. With one, the claim goes to mandatory arbitration, where the filer must prove weight or for-hire status.
- 4
Watch General Obligations Law 15-108 when the insured settles its own claim: a release of one tortfeasor reduces the claim against the others by the greater of the amount paid or the released party's equitable share. Get a written carve-out of the subrogated property interest before the insured signs any general release.
- 5
Ishqkala flags New York auto injury files for loss transfer review when FNOL text, MV-104 police report fields or ISO ClaimSearch matches show a commercial plate, a vehicle class above 6,500 pounds, or a livery, taxi or tow operator, then routes the file to the recovery team with the arbitration filing window attached.
Key cases
Winkelmann v. Excelsior Insurance Co.
85 N.Y.2d 577 (1995)
Adopted the made-whole rule: where the tortfeasor's limited coverage cannot pay everyone, the insured is paid first and the insurer shares only in any excess.
North Star Reinsurance Corp. v. Continental Insurance Co.
82 N.Y.2d 281 (1993)
Applied the anti-subrogation rule to bar an insurer from pursuing a party that was its own insured for the same risk, a frequent defense on construction losses.
Fasso v. Doerr
12 N.Y.3d 80 (2009)
Held that the made-whole rule applies only when the recovery exhausts the wrongdoer's assets and insurance, and that a settlement cannot extinguish the insurer's subrogation claim without its consent.
Inter-company arbitration
New York has two arbitration channels. Loss transfer and no-fault priority disputes under Insurance Law 5105 are mandatory for every insurer, self-insurer and compensation provider, and Arbitration Forums administers them as the Superintendent's designee; for cases submitted on or after May 26, 2026, AF decides loss transfer liability under CPLR 1411(b). Ordinary auto and property subrogation goes to AF's member forums, compulsory for signatories up to $100,000 in total company-paid damages, on pure comparative fault.
How Ishqkala applies this guide
NY rules, built into every score.
- Opportunities with a New York loss state are calendared against the 3 years property damage period or the 3 years bodily injury period, whichever controls the claim type.
- The insured's estimated fault share is applied under pure comparative before recoverable dollars are scored.
- Files involving a public entity get a 90-day notice deadline that outranks the general SOL in the priority queue.
- Alerts fire at 180, 90, 45 and 15 days before the controlling deadline.
Other pure comparative jurisdictions
FAQ
New York subrogation FAQ
3 years (CPLR 214(4) (three years for injury to property)). A subrogating carrier generally takes the insured's claim subject to the same limitation period, usually measured from the date of loss.
Pure comparative (CPLR 1411(a); CPLR 1411(b) (added May 2026) for no-fault personal injury actions). Damages are reduced by the claimant's share but never barred, which governs property subrogation. Since May 2026, CPLR 1411(b) bars a no-fault auto injury claimant whose fault is greater than the defendants'.
General Municipal Law 50-e: sworn notice of claim within 90 days after the claim arises against cities, counties, towns, villages, school districts and many public authorities, with suit within one year and 90 days (GML 50-i); late notice needs court leave. Against the State, Court of Claims Act 10(3) requires the claim or a notice of intention within 90 days of accrual; a timely notice of intention extends the filing deadline to two years.
New York applies the made-whole rule. Winkelmann v. Excelsior Insurance Co. (1995) gives the insured priority when the tortfeasor's coverage cannot pay everyone. Fasso v. Doerr (2009) limited the rule to recoveries that exhaust the wrongdoer's assets and insurance, and held that an insured cannot settle away the carrier's subrogation claim without its consent.
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