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April 17, 2024 | Car accident

Average No-Fault Car Accident Settlement in NY

The average no-fault car accident settlement in NY was estimated at $29,524 in 2022 ($24,211 allocated for bodily injury and $5,313 for property damage).

However, payout amounts vary depending on factors such as:

  • Injuries
  • Pain and suffering
  • Severity of the accident
  • Death

While you may be thinking this is a low amount, we've successfully won car accident victims no-fault benefits from $450,000 up to $1,800,000, and even more.

No matter your situation, a lawyer's involvement is often key in navigating the complexities of an auto accident settlement. Attorneys know the legal intricacies surrounding no-fault laws, insurance claims, and negotiation tactics. Their expertise can significantly increase the likelihood of obtaining a favorable outcome in the settlement process.

What is the average settlement for a minor car accident?

The average settlement for a minor car accident is around $20,000 to $25,000. Minor accident amounts are based on surveys conducted in 2020. However, again, these amounts can vary significantly depending on the extent of injuries, property damage, insurance coverage, and legal representation. 

But, if you're wondering, "when should I get a lawyer for a car crash", it's best to consult with a New York car accident lawyer to evaluate your specific case and determine the potential settlement as soon as possible.

Additional reading: how much can someone sue for a car accident

Dealing with New York auto accident settlements?

If you're seeking assistance with New York car accident settlements, Ajlouny Injury Law is here to help. Our experienced team specializes in navigating the complexities of personal injury claims in New York.

Whether you've been injured in a car crash, truck accident, or any other type of motor vehicle collision, we're dedicated to fighting for the compensation you deserve. Contact us today for a free consultation to discuss your case and car accident lawyer fees in New York and to learn how we can assist you.

Settlement secured: $450,000: Amount obtained for a driver that sustained injuries to her back, requiring fusion surgery. Defendants claimed that the accident was caused by our client and at first, took a no-pay position until we proceeded with litigation.  

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Typical car accident settlement amounts with injury

Amounts can vary widely depending on the severity of injuries, medical bills, lost wages, and pain and suffering endured. Settlements for minor injuries might range from a few thousand dollars to tens of thousands.

For more severe injuries, settlements could reach hundreds or even millions of dollars, covering medical bills, rehabilitation costs, lost income, and compensation for pain and suffering. New York law defines a "serious" injury as the following:

  • Death
  • Dismemberment
  • Significant disfigurement
  • 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
  • Significant limitation of use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature

It's best to consult with a New York car accident attorney to assess your case's specifics, abide by the statute of limitations for personal injury in New York, and determine the potential compensation you may be entitled to. 

Additional reading: average payout for a pedestrian accident in New York

Whiplash

The average car accident settlement in New York for whiplash is between $10,000 and $50,000. While settlements typically cover medical bills, rehabilitation costs, lost wages, and pain and suffering, the specific amount can vary case by case.

Hit and run

The average hit-and-run compensation amount in New York is between $10,000 and $25,000. It will depend on several factors, including the severity of injuries and the ability to identify the at-fault driver. Hit-and-run settlements usually cover medical bills, lost wages, and pain and suffering.

Broken bones

In car accident cases involving broken bones, a settlement number can vary based on factors such as the severity of the fracture, the impact on the victim's life, and the extent of medical treatment needed. The average settlement for a broken bone in a car accident in New York is $45,000- $92,000.

Back and neck injury

The average settlement for car accident back and neck injury in New York is not entirely known, however we settled a case for our client for $600,000after she was rear-ended and needed surgical intervention.

These settlements typically cover medical expenses, physical therapy, lost wages, and pain and suffering. The value of the settlement often depends on factors like the extent of the injury, ongoing medical needs, and how the injury affects the victim's quality of life.

Traumatic brain injury

TBIs are among the most serious injuries that can occur in car accidents and can lead to long-term or permanent disability, affecting an individual’s ability to work and perform daily activities.

The average settlement for traumatic brain injuries in New York ranges from $100,000 to several million dollars, covering medical expenses, rehabilitation, lost income, and pain and suffering. Severe cases may also include life care costs and home modifications.

Car accident death

Compensation varies widely when there is a fatality involved. The average payout for a car accident death in New York can reach millions of dollars depending on liability and the impact on the victim's family. These settlements may cover funeral expenses, loss of income, and companionship.

Additional reading: what to do after an accident that's not your fault 

Typical car accident settlement amounts with NO injury

Vehicles on Road Between Buildings in New York

In cases where no injuries result from a car accident, settlement totals can still vary based on factors such as property damage and other losses incurred. Settlements may include compensation for vehicle repair or replacement costs, rental car expenses, and other out-of-pocket expenses related to the accident. 

New York's minimum coverage limit for property damage is $10,000, which acts as a baseline for settlements but often, actual compensation can exceed this minimum depending on the accident's specifics.

Head-on collision

This type of accident is particularly dangerous as it involves the front ends of two vehicles hitting each other, often resulting from one vehicle entering the lane of oncoming traffic.

However, when no injuries are sustained, the head-on collision settlement in New York focuses on covering property damages. While settlements can vary greatly based on the extent of vehicle damage and liability, they typically start at the state's minimum coverage limit ($10,000) and can escalate depending on the specific circumstances of the collision.

Rear-end

In cases without injury, the average settlement for a rear-end collision in New York covers the costs for vehicle repairs, which can range from minor bumper damage to more significant repairs, all depending on the impact's severity.

These incidents often happen due to sudden stops or reduced attention from the driver behind. They are among the most common types of car accidents, occurring when one vehicle hits the back of another.

Sideswipe

Sideswipes can lead to significant damage, especially to the vehicle's side panels and mirrors. The average compensation for a sideswipe accident in New York aims to address these repair costs, with settlements varying based on the extent of damage and the involved parties' insurance coverage limits.

Sideswipes

Such impacts can inflict significant damage to the vehicle's side and may compromise its structural integrity. The average payout for a T-bone accident in New York is determined by assessing the extent of vehicle damage, the dynamics of the accident, and other incurred losses such as rental car costs while the primary vehicle is being repaired.

Additional reading: when should I get a lawyer for a car accident

Average settlement for a car accident for pain and suffering

The average settlement for a car accident for pain and suffering is highly variable. It could be just a couple thousand dollars, or it could go all the way up to $250,000 or even $500,000. Numerous factors influence this range, including the severity of injuries, long-term effects, and legal representation.

Generally, compensation for pain and suffering aims to address the physical discomfort, emotional distress, loss of enjoyment of life, and overall disruption to the victim's life caused by the accident. Consulting with a knowledgeable personal injury attorney can help assess how much pain and suffering in a car accident is worth and pursue appropriate compensation.

No matter your situation, if you've been injured in a car accident in NY, we can help. Here's what Valois Rivera had to say about us:

"Dealt with their staff recently, and couldn’t be any happier with the professionalism and courtesy I received! Really makes things so much easier with an experienced and attentive group at your disposal!"

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Maximizing auto accident settlement amounts in New York

The car accident injury settlement amounts aren't set in stone. There are several proactive steps you can take to potentially increase the compensation:

  1. Documenting the accident scene by taking photos of your vehicle's damage and the other party's vehicle.
  2. Speaking with any witnesses who were present at the scene.
  3. Seeking medical attention promptly after the accident to receive a diagnosis.
  4. Keeping detailed notes of everything you remember about the accident, from before to after.
  5. Reporting the accident to your insurance company as soon as possible.
  6. Retaining all documents related to the accident, such as medical bills and reports.
  7. Maintaining a record of your injuries and the progress of your recovery.

Having thorough information readily available can assist your personal injury attorney in demonstrating that you were the victim of a negligent driver, ensuring that you receive compensation for all damages and injuries sustained.

Factors that impact car accident settlements in New York

From the extent of injuries to state regulations and financial repercussions, numerous factors influence the outcome of a lawsuit for car accident settlements. Understanding these is essential for those pursuing compensation for damages.

Insurance requirements

Like many states, New York requires drivers to have minimum insurance coverage through personal injury protection (PIP). This amount is currently a minimum of $50,000 for injuries from a single accident.

Uninsured motorist coverage is also mandatory, with a minimum limit of $25,000 per accident. These insurance policies significantly influence the outcome of a car accident settlement.

Determining liability

A no-fault insurance settlement in NY operates similarly to traditional fault-based systems. Each party's insurance company covers medical bills, property damage, and injuries resulting from the accident, regardless of liability. However, the no-fault system introduces added complexity to these settlements. 

While it ensures prompt coverage of medical expenses and economic losses, exceptions exist, particularly in cases involving severe injuries surpassing a certain threshold. In such instances, the injured party may pursue further compensation through legal action against the at-fault driver.

Severity of injuries

Cases involving serious, life-altering injuries typically result in higher payouts compared to those with only minor injuries. Serious injuries often lead to substantial medical expenses and prolonged suffering, justifying a larger amount from a settlement.

For instance, hospitalization following a car accident can incur medical costs averaging around $57,000. Seeking legal counsel post-accident is advisable to explore options for recovering compensation, including medical bills, lost wages, and pain and suffering.

State laws

No-fault insurance system

New York operates under a no-fault car insurance system. This means that after a car accident, an injured person's own car insurance coverage (Personal Injury Protection, or PIP) pays for medical expenses, lost earnings, and certain other reasonable and necessary expenses, regardless of who caused the accident. This coverage is mandatory and limits the ability to sue the other driver unless the case meets the "serious injury" threshold as defined by the state law.

Serious injury threshold

To step outside of the no-fault system and file a lawsuit against the at-fault driver, the injury must meet certain criteria deemed as "serious" under New York Insurance Law § 5102(d). This includes:

  • Death
  • Dismemberment
  • Significant disfigurement
  • A fracture
  • Permanent loss of use of a body organ, member, function or system
  • Significant limitation of use of a body function or system
  • A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute their usual and customary daily activities

Statute of limitations

In New York, the New York car accident statute of limitations means you generally have three years from the date of the accident to file your claim. However, if the claim is for wrongful death, the time limit is two years from the date of death. For claims against a government entity, there are additional notice requirements and shorter time limits.

Comparative Fault Rules

Under New York's "pure comparative negligence" rule, the amount of compensation you're entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident. For example, if you were found to be 30% at fault and the total damages amount to $10,000, you would receive $7,000.

Financial loss

Evaluating the full extent of financial losses is crucial for ensuring fair compensation in a car accident case. These often include vehicle damage, medical bills, pain and suffering, and lost wages due to the inability to work. 

Additional reading: who is at fault in a rear end collision

Our car accident settlement examples in New York

If you're curious about typical car accident settlements in New York, check out our recent motor accident lawsuit examples:

  • Spinal disc herniation after rear-end collision: An individual received a $500,000 settlement following a rear-end collision resulting in spinal disc herniation. Despite the defendant's argument of natural degenerative changes, the case was resolved before jury selection.
  • Severe injuries from rear-end collision: In another case, an accident victim was rear-ended forcefully, leading to serious injuries and subsequent complications from an MSSA infection in the left hand. A settlement of $500,000 was secured, representing the at-fault driver's full policy limits.
  • Speeding motorist collision: An individual struck by a speeding motorist received a $3.5 million settlement. Despite challenges regarding the cause of the client's brain damage, the case was resolved after completing jury selection.
  • Spinal cord injuries and fractures: A mother and her two-year-old son received $24.5 million in compensation after sustaining spinal cord injuries and fractures in a rear-end collision with a tractor-trailer.

Additional reading: is it worth getting an attorney for a car accident

Count on us to fight for the auto accident compensation you deserve

At Ajlouny Injury Law, our New York injury lawyers are dedicated to securing the maximum compensation you deserve after an auto accident. We have extensive experience navigating New York's legal system to ensure our clients receive fair settlements. A lawyer can also help advise you on what happens when you reject an insurance settlement offer in New York. 

From negotiating with insurance companies to representing you in court, we work tirelessly to obtain the compensation you need to cover medical expenses, lost wages, emotional distress, and other damages. With our expertise, we'll fight to ensure that you receive more than just the minimum settlement for vehicle accident injuries.

Contact us today at (516) 535-5555 to schedule your free consultation.

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Key takeaways on how much to expect from car accident settlement in New York

For car accident settlements in New York, understanding the nuances of no-fault laws and insurance coverage is key to navigating compensation successfully. While the average no-fault settlement in New York is $20k+, factors such as injury severity, pain and suffering, and incidents resulting in death play a crucial role in determining settlement amounts. 

Having a good lawyer by your side can make a difference in getting a better settlement. It’s all about talking to experienced New York attorneys who know their way around car accident claims, from minor incidents to severe cases.

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