New York Car Accident Settlement Calculator: What Is Your Claim Worth?

New York car accident settlements vary more widely than most states because the serious injury threshold (Insurance Law § 5104) creates a structural divide: covered cases that do not meet the threshold can face limits on non-economic loss, while qualifying cases may pursue pain and suffering damages.

For soft tissue injuries that meet the threshold, settlements typically range from $15,000 to $55,000. Fractures — which are a per se serious injury under § 5102(d) — typically settle between $35,000 and $120,000. Herniated disc cases requiring surgery range from $75,000 to $300,000 or more. Traumatic brain injury and permanent disability cases can exceed $1,000,000. NYC (Manhattan, Brooklyn, Queens, Bronx, Staten Island) and Nassau/Suffolk County juries consistently return higher verdicts than upstate New York, a pattern well-documented in New York verdict research.

No public state agency publishes per-claim settlement averages for New York. The most reliable benchmark is the range for cases with facts similar to yours — use the calculator above.

New York is a no-fault state. For an eligible injured person, basic economic loss includes qualifying medical expense, certain lost earnings, and certain other necessary expenses, up to $50,000 per person. The statute limits recoverable lost earnings to 80% of gross earnings, up to $2,000 per month for no more than three years, subject to statutory offsets. Insurance Law § 5102

New York's no-fault structure does not eliminate every claim against an at-fault driver. Insurance Law § 5104(a) generally bars an action to recover basic economic loss or non-economic loss unless the claimant establishes a serious injury. If a crash produces economic loss beyond basic economic loss, the analysis can differ. Whether coverage applies, who pays first-party benefits, and whether a particular loss is recoverable are fact-specific issues; this calculator does not decide them.

Under current Insurance Law § 5102(d), a "serious injury" is a personal injury resulting in death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function, or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. In a covered motor-vehicle case, Insurance Law § 5104(a) generally bars recovery for pain and suffering and other non-economic loss unless the claimant establishes a serious injury.

Current-law change: For actions and proceedings commenced on or after May 26, 2026, the Legislature removed the former 90/180-day category. An inability to perform customary activities for 90 of the first 180 days is not a separate current route to non-economic damages in an action governed by the amended statute. New York DFS Circular Letter No. 3 (2026)

Medical proof remains important. In Toure v. Avis Rent A Car Systems, Inc., the New York Court of Appeals explained that a quantitative measurement or an objective qualitative assessment tied to normal function, purpose, and use may support a limitation claim. Whether a particular injury satisfies a current statutory category is case-specific. Prior-law note: the former 90/180-day category may remain relevant only where an action is governed by the earlier statute; it is not current eligibility guidance for actions commenced on or after May 26, 2026.

For most car accident personal injury claims, New York's statute of limitations is three years from the date of the accident under CPLR § 214(5). This is longer than Texas (2 years), Florida (2 years post-HB 837), and Illinois (2 years). For wrongful death claims, the deadline is two years from the date of death under EPTL § 5-4.1.

Public-entity claims require immediate entity-specific review: General Municipal Law § 50-e generally requires a sworn written Notice of Claim within 90 days after a tort claim arises when notice is a statutory condition precedent against a public corporation, such as a municipality. The same rule does not automatically govern every public defendant. A potential claim involving the State of New York or NYSDOT is generally subject to Court of Claims Act § 10: in a personal-injury negligence claim, the claimant ordinarily must file and serve the claim on the Attorney General, or serve a notice of intention, within 90 days; a timely notice of intention can extend the claim filing-and-service deadline to two years after accrual. NFTA claims are governed by a separate statute that incorporates § 50-e notice compliance and has a separate one-year-and-90-day limitation period for most tort actions.

Minors: The statute of limitations is tolled until the minor turns 18. A child injured in a car accident generally has until their 21st birthday to file.

New York requires all registered vehicles to carry bodily injury liability coverage of at least $25,000/$50,000 (Insurance Law § 5103). Despite this, the Insurance Research Council estimates approximately 6.1% of New York drivers are uninsured — lower than the national average of approximately 14%, but still a meaningful risk in a state with over 12 million registered vehicles.

If you are hit by an uninsured driver, your primary recovery options are: (1) your own PIP coverage for medical bills and lost wages; (2) your own uninsured motorist (UM) coverage for pain and suffering damages if you meet the serious injury threshold; and (3) the New York Motor Vehicle Accident Indemnification Corporation (MVAIC) — a state fund that provides compensation for victims of uninsured and hit-and-run drivers who have no other coverage available. MVAIC claims have specific filing requirements and deadlines; an attorney can help navigate the process.

Yes. New York requires all auto policies to include uninsured motorist (UM) coverage at minimum limits of $25,000/$50,000 under Insurance Law § 3420(f)(1). This means every New York driver automatically has UM coverage.

New York also offers supplementary uninsured/underinsured motorist (SUM) coverage, which can be purchased at higher limits and covers you when the at-fault driver's policy limits are insufficient to compensate your injuries. SUM coverage is optional but strongly recommended, particularly in New York where serious injury claims can reach six or seven figures. If you are injured by an underinsured driver — one who has coverage but not enough — your SUM coverage fills the gap up to your SUM policy limit.

For claims that do not involve a current serious-injury issue, some people handle their no-fault claims directly with their own insurer. For claims that involve a threshold question, public entity, significant medical evidence, or a lawsuit against the at-fault driver, representation can make a difference. A 2023 Martindale-Nolo reader survey found that represented claimants received an average of $77,600 in total compensation, compared to $17,600 for unrepresented claimants — approximately 3.5 times more before attorney fees.

In New York specifically, the serious injury threshold creates an additional layer of complexity: insurers routinely move for summary judgment arguing the plaintiff's injuries do not qualify, and defending those motions requires medical evidence and legal strategy that most claimants cannot manage alone. Use the free consultation form on this page to request a case evaluation — most New York personal injury attorneys offer free initial consultations with no obligation.

Settlement timing varies with injury severity, medical treatment, insurance coverage, fault disputes, and whether a current serious-injury category is contested. A first-party no-fault claim can proceed on a different timetable from a liability claim. A claim involving a qualifying serious injury, expert medical proof, or litigation can take longer, and a public-entity case can add threshold notice and procedural issues. The calculator cannot predict a settlement date or determine whether an injury meets the serious-injury threshold.

For actions commenced on or after May 26, 2026, the threshold analysis concerns the current statutory categories — not the former 90/180-day category. Insurance Law § 5104(a) also provides that fault is determined before serious injury is decided in an action for non-economic loss. Those questions can materially affect a case's path and timing.