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New York · State edition

New York Car Accident Settlement Calculator

Estimate a car accident settlement under New York law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.

Car Accident Settlement Calculator
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Economic damages
What you've lost in dollars
$
$
$
$
$
Injury
Used to select a pain & suffering multiplier
Injury severity
Expected recovery
Case specifics
Liability & coverage
These can cap or reduce your recovery
$
Live estimate
Case #3160
Estimated Net Take-Home
$56,160
Likely range $39,312 to $78,624
Breakdown
Economic damages$64,500
Pain & suffering (×2.85)$183,825
Property damage$11,200
Comparative fault (−15%)−$38,929
Coverage / policy cap−$120,596
Attorney fees (33.3%)−$33,300
Case costs−$5,500
Medical liens−$5,040
Net to client$56,160
In New York, a claim for pain and suffering against the at-fault driver is limited unless the injury meets a threshold the law sets (N.Y. Ins. Law § 5104(a)). The pain-and-suffering figure above is not reduced for it, because this calculator cannot tell whether an injury meets that threshold. New York's car insurance section quotes the threshold in its own words.
Your case value exceeds the at-fault party's $100,000 policy limit. The estimate here is capped at that limit. Recovery above it would have to come from another source, such as another policy (including Underinsured Motorist coverage) or the at-fault party directly.
Statute of limitations in New York: 3 years to file this claim.
This estimate is for informational and planning purposes only. It is not legal advice, financial advice, or a guarantee of any outcome. Every case is different. Consult a licensed attorney in your state for advice specific to your situation.
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Verified state law

What New York law does to your claim

Three things in state law open a gap between two identical injuries in two different states: how long you have to file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.

Personal injury
3 years

N.Y. C.P.L.R. 214(5)·Source retrieved 2026-07-27

Comparative fault rule
the pure comparative negligence rule

New York uses pure comparative fault.

N.Y. C.P.L.R. 1411·Source retrieved 2026-07-27

Non-economic damages (pain and suffering)
None on record
Punitive damages
None on record

New York common law·Source retrieved 2026-07-27

None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.

Car insurance law

New York car insurance law: minimums, PIP and uninsured motorist coverage

What New York's provisions say about the insurance behind a car accident claim, in their own words, with the copy read named under each.

New York: Minimum liability coverage

“[…] subject to a limit, exclusive of interest and costs, with respect to each such motor vehicle except a tow truck, of twenty-five thousand dollars because of bodily injuries to and fifty thousand dollars because of death of one person in any one accident and, subject to said limit for one person, to a limit of fifty thousand dollars because of bodily injury to and one hundred thousand dollars because of death of two or more persons in any one accident, and to a limit of ten thousand dollars because of injury to or destruction of property of others in any one accident […]”

The provision begins before this quote and continues past its end, and neither part is quoted here.

N.Y. Veh. & Traf. Law § 311(4)(a), read from the Internet Archive's copy of the New York State Senate's Open Legislation page, captured 2026-09-17.

A minimum is a floor on what a policy must carry. It is not a limit on what a claim is worth, and it does not tell you what the at-fault driver carries.

New York: No-fault, personal injury protection and the right to sue

“"Basic economic loss" means, up to fifty thousand dollars per person of the following combined items, subject to the limitations of section five thousand one hundred eight of this article: (1) All necessary expenses incurred for: (i) medical, hospital (including services rendered in compliance with article forty-one of the public health law, whether or not such services are rendered directly by a hospital), surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; […]”

The provision continues past the end of this quote, and the rest is not quoted here.

N.Y. Ins. Law § 5102(a), read from the Internet Archive's copy of the New York State Senate's Open Legislation page, captured 2026-09-27.

The definition of a serious injury:

“"Serious injury" means a personal injury which results 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.”
N.Y. Ins. Law § 5102(d), read from the Internet Archive's copy of the New York State Senate's Open Legislation page, captured 2026-09-27.

The limit on a suit for pain and suffering:

“Notwithstanding any other law, in any action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss.”
N.Y. Ins. Law § 5104(a), read from the Internet Archive's copy of the New York State Senate's Open Legislation page, captured 2026-09-17.

New York: Uninsured and underinsured motorist coverage

“(f) (1) No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any natural person arising out of the ownership, maintenance and use of a motor vehicle or an altered motor vehicle commonly referred to as a "stretch limousine" having a seating capacity of eight or more passengers used in the business of carrying or transporting passengers for hire, by the insured shall be issued or delivered by any authorized insurer upon any motor vehicle or an altered motor vehicle commonly referred to as a "stretch limousine" having a seating capacity of eight or more passengers used in the business of carrying or transporting passengers for hire, then principally garaged or principally used in this state unless it contains a provision whereby the insurer agrees that it will pay to the insured, as defined in such provision, subject to the terms and conditions set forth therein to be prescribed by the board of directors of the Motor Vehicle Accident Indemnification Corporation and approved by the superintendent, all sums, not exceeding a maximum amount or limit of twenty-five thousand dollars exclusive of interest and costs, on account of injury to and all sums, not exceeding a maximum amount or limit of fifty thousand dollars exclusive of interest and costs, on account of death of one person, in any one accident, and the maximum amount or limit, subject to such limit for any one person so injured of fifty thousand dollars or so killed of one hundred thousand dollars, exclusive of interest and costs, on account of injury to, or death of, more than one person in any one accident, which the insured or his legal representative shall be entitled to recover as damages from an owner or operator of an uninsured motor vehicle, unidentified motor vehicle which leaves the scene of an accident, […]”

The provision continues past the end of this quote, and the rest is not quoted here.

N.Y. Ins. Law § 3420(f)(1), read from the Internet Archive's copy of the New York State Senate's Open Legislation page, captured 2026-01-15.
“(2) (A) Any such policy shall, at the option of the insured, also provide supplementary uninsured/underinsured motorists insurance for bodily injury, in an amount up to the bodily injury liability insurance limits of coverage provided under such policy, subject to a maximum of two hundred fifty thousand dollars because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, up to five hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, or a combined single limit policy of five hundred thousand dollars […]”

The provision continues past the end of this quote, and the rest is not quoted here.

N.Y. Ins. Law § 3420(f)(2)(A), read from the Internet Archive's copy of the New York State Senate's Open Legislation page, captured 2026-01-15.

New York: Medical payments coverage

No medical payments coverage requirement was found in the provisions read for this page (N.Y. Ins. Law §§ 3420, 5102 and 5104, and Veh. & Traf. Law § 311).

The personal injury protection benefits quoted above include medical expenses.

The fault rule, in dollars

What partial fault costs you in New York

The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.

0% at fault
$87,248
25% at fault
$55,940
50% at fault
$33,468
51% at fault
$32,746

One case, run through the calculator above four times with only the claimant's share of fault changed, under New York law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.

Filing deadlines

Every New York deadline we hold

A claim can be more than one kind of case, and the clock is different for each. These are the New York periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.

Personal injury
3 years

N.Y. C.P.L.R. 214(5)·Source retrieved 2026-07-27

Open the personal injury calculator
Medical malpractice
2 years

N.Y. C.P.L.R. 214-a sets 2 years and 6 months (30 months) from the act or omission complained of, or from the end of continuous treatment for the same condition. This field holds whole years, so we publish 2, which understates the period by six months rather than overstating it. You may have up to 30 months. A foreign-object claim runs 1 year from discovery. Confirm your deadline with a New York attorney.

N.Y. C.P.L.R. 214-a·Last reviewed 2026-07-29

Open the medical malpractice calculator
Wrongful death
2 years

N.Y. E.P.T.L. § 5-4.1·Source retrieved 2026-07-27

Open the wrongful death calculator
Workers compensation
2 years

N.Y. Workers' Comp. Law § 28·Source retrieved 2026-07-27

Open the workers compensation calculator
Slip and fall
3 years

N.Y. C.P.L.R. 214(5)·Source retrieved 2026-07-27

Open the slip and fall calculator
Dog bite
3 years

N.Y. C.P.L.R. 214(5)·Source retrieved 2026-07-27

Open the dog bite calculator
How this state compares

New York against the rest of the country

Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.

  • 11 of the 51 jurisdictions we track apply the pure comparative negligence rule, and New York is one of them.
  • Its 3 years to file is longer than the 2 years that 25 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 6 years.
  • 7 of the 51 jurisdictions limit non-economic damages (pain and suffering) in our data and New York is not among them, so an estimate here is not held down by a ceiling we hold.

Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology

New York Car Accident questions