Accident Settlement Calculator

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New York Car Accident Settlement Calculator

In New York, you generally have 3 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability; it is a no-fault state, so your own PIP pays first. Enter your numbers below to see what a New York claim may be worth and what you would actually take home.

New York changed its fault rule on May 26, 2026. In car accident injury suits filed on or after May 26, 2026, you recover nothing if your fault is greater than the defendants' combined fault (CPLR 1411(b)). The 90/180-day serious-injury category was also repealed. This calculator already applies the new rule. See all recent changes
1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

New York rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

For car-accident personal injury cases under the no-fault law filed on or after May 26, 2026, an injured person whose fault is greater than the defendant's (or all defendants' combined) recovers nothing; otherwise damages are reduced by their share of fault (CPLR 1411(b)). Cases filed before May 26, 2026, and property damage and other negligence claims, remain pure comparative fault under CPLR 1411(a).

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Deadline to file a lawsuit3 years from the accident
Details & exceptions

CPLR 214(4) and (5): 3 years for injury to property and for personal injury. Claims against a public corporation (city, county, town, etc.) require a notice of claim within 90 days after the claim arises (General Municipal Law 50-e(1)(a)) and suit within 1 year and 90 days of the event (GML 50-i(1)(c)). Claims against New York State itself go to the Court of Claims under separate deadlines (not verified here). Wrongful death has its own period.

Compare deadlines in all states →
Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $10,000. Vehicle and Traffic Law 311(4)(a): $25,000 bodily injury / $50,000 death for one person; $50,000 bodily injury / $100,000 death for two or more persons; $10,000 property damage. DFS Circular Letter No. 3 (2026) on the 2026 reforms does not mention any change to these limits.

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Who pays your medical billsYour own PIP insurance first (at least $50,000)
Details & exceptions

You can sue another covered person for pain and suffering only for a 'serious injury' (Insurance Law 5104(a)), or for economic loss above $50,000 basic economic loss. As amended May 26, 2026, 'serious injury' means 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 (Insurance Law 5102(d)). The former 90/180-day category (non-permanent injury preventing usual activities for 90 of the first 180 days) was repealed for actions commenced on or after May 26, 2026. The jury must decide fault before deciding serious injury.

See all no-fault states →
Cap on pain and sufferingYes, depends on your situation
Details & exceptions

A cap applies in some cases; see details. NARROW cap, not general: for actions commenced on or after May 26, 2026, Insurance Law 5104(d) limits non-economic recovery to $100,000 (even with a serious injury) only for an at-fault injured person who was operating an uninsured vehicle they were responsible for insuring (lapses under 30 days excepted), was impaired and convicted, or was committing/fleeing a felony and convicted. It does not apply in death actions. All other auto injury plaintiffs have no noneconomic cap, subject to the serious-injury threshold.

Uninsured motorist coverageRequired
Details & exceptions

Every auto bodily injury liability policy must include uninsured motorist coverage of at least $25,000/$50,000 per person (injury/death) and $50,000/$100,000 per accident (Insurance Law 3420(f)(1)). Supplementary uninsured/underinsured motorist (SUM) coverage at higher limits is optional at the insured's election (3420(f)(2)).

Worked example: a typical New York car accident claim

Another driver turned left into you at an intersection in New York: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%. We assume your injury meets the state's serious-injury threshold.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Left after your own PIP pays$0New York uses no fault insurance. Your own coverage pays up to $20,000 of economic losses, which is not claimed again from the at-fault driver.
  3. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  4. Total claim value$20,000 – $40,000Economic + pain and suffering.
  5. After your share of fault$16,000 – $32,000New York uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  6. Limited by available insurance$16,000 – $32,000At-fault policy limit $100,000 + your UM/UIM $0.
  7. Estimated take-home$9,720 – $20,440Minus attorney fee (33%), case costs and medical liens.

You would take home about $15,080 ($9,720 – $20,440), after the 33% fee and $1,000 in case costs, on top of the $20,000 your own PIP pays.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in New York

The 3-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road90 days

For a city, county, town or other public corporation, serve a notice of claim within 90 days and sue within 1 year and 90 days. For New York State, file the claim (or a notice of intention) with the Attorney General within 90 days; the Court of Claims strictly enforces this.

NY General Municipal Law 50-e, Notice of claimNY General Municipal Law 50-i, Presentation of tort claims; commencement of actionsGasparro v State of New York (App. Div. 2018), applying Court of Claims Act 10(3) 90-day rule

If the injured person is a child

For a child, the 3-year deadline is extended to 3 years after turning 18 (by age 21); the 10-year cap does not apply to ordinary injury claims of children.

NY CPLR 208, Infancy, insanity

How fast a New York insurer must respond

New York's Regulation 64 requires insurers to acknowledge any claim within 15 business days, accept or reject in writing within 15 business days of proof of loss (or explain the delay), and pay within 5 business days of an agreed settlement.

11 NYCRR 216.4, Failure to acknowledge pertinent communications11 NYCRR 216.6, Standards for prompt, fair and equitable settlement

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a New York crash

How no-fault insurance affects a New York claim

In New York, your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, regardless of who caused the crash. You can generally pursue the at-fault driver for pain and suffering only if your injury meets the state's threshold. Tick the threshold box in the calculator if that applies to you.

Frequently asked questions

What is a typical car accident settlement in New York?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault and your own PIP paying first, a New York claim against the other driver is worth about $24,000, and the injured person takes home about $15,080 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in New York.
Is New York an at-fault or no-fault state for car accidents?
New York's car insurance system: No-fault. You can sue another covered person for pain and suffering only for a 'serious injury' (Insurance Law 5104(a)), or for economic loss above $50,000 basic economic loss. As amended May 26, 2026, 'serious injury' means 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 (Insurance Law 5102(d)). The former 90/180-day category (non-permanent injury preventing usual activities for 90 of the first 180 days) was repealed for actions commenced on or after May 26, 2026. The jury must decide fault before deciding serious injury.
Is there a cap on pain and suffering in New York car accident cases?
A cap applies in some cases; see details. NARROW cap, not general: for actions commenced on or after May 26, 2026, Insurance Law 5104(d) limits non-economic recovery to $100,000 (even with a serious injury) only for an at-fault injured person who was operating an uninsured vehicle they were responsible for insuring (lapses under 30 days excepted), was impaired and convicted, or was committing/fleeing a felony and convicted. It does not apply in death actions. All other auto injury plaintiffs have no noneconomic cap, subject to the serious-injury threshold.
What happens if I was partly at fault for an accident in New York?
New York follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in New York?
Generally 3 years for personal injury and 3 years for property damage. CPLR 214(4) and (5): 3 years for injury to property and for personal injury. Claims against a public corporation (city, county, town, etc.) require a notice of claim within 90 days after the claim arises (General Municipal Law 50-e(1)(a)) and suit within 1 year and 90 days of the event (GML 50-i(1)(c)). Claims against New York State itself go to the Court of Claims under separate deadlines (not verified here). Wrongful death has its own period.
What is the minimum car insurance in New York?
$25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage. Vehicle and Traffic Law 311(4)(a): $25,000 bodily injury / $50,000 death for one person; $50,000 bodily injury / $100,000 death for two or more persons; $10,000 property damage. DFS Circular Letter No. 3 (2026) on the 2026 reforms does not mention any change to these limits.
What is the deadline to file a claim against the government in New York?
90 days. For a city, county, town or other public corporation, serve a notice of claim within 90 days and sue within 1 year and 90 days. For New York State, file the claim (or a notice of intention) with the Attorney General within 90 days; the Court of Claims strictly enforces this.
How long does an insurance company have to respond to a claim in New York?
New York's Regulation 64 requires insurers to acknowledge any claim within 15 business days, accept or reject in writing within 15 business days of proof of loss (or explain the delay), and pay within 5 business days of an agreed settlement.

Related

Official sources