How Much Can You Get from a Car Accident Claim in New York?

If you’ve been injured in a New York car accident, you probably want to know one thing: How much can I really get?

Well, this article breaks down exactly what affects your claim’s value, what average settlements look like, and the tricks insurance companies don’t want you to know.

Plus, you’ll get practical tips to make sure you get the maximum compensation you deserve.

Interested? Keep reading, then.

1. What Factors Influence the Value of a Car Accident Claim in New York?

A common misconception about the outcome of car accident claims is that the payout depends only on how bad the crash was.

But the real driver? How the law works here.

Here’s how: Everyone files through their own insurance first, no matter who caused the accident. That’s because of Personal Injury Protection (PIP), which covers up to $50,000 in basic economic losses like medical bills, lost income, and transport to appointments.

But you can’t sue the other driver for more than that unless your injuries are considered serious under New York law.

What qualifies? Think:

●       A broken bone

●       Loss of a limb

●       A burn that leaves a scar

●       Permanent damage

●       Losing a pregnancy

●       Being unable to go to work for 90 out of the 180 days after the accident

For example, a fractured wrist needing surgery likely qualifies. But soreness that clears up quickly? You’re probably stuck with PIP.

Generally, the more serious and long-lasting the injury, the higher the claim value. Medical costs, pain, future treatment—they all factor in.

PIP also only covers up to $2,000/month in lost income for 3 years. If you earn more or can’t return to work, you might also claim:

●       Full lost wages

●       Future income

●       Lost benefits

●       Career-ending limitations

Finally, New York’s pure comparative negligence rule lets you recover damages even if you were partly at fault—though your payout is reduced based on your share of blame.

Like we said, ultimately the value of your claim depends on what happened and how New York’s laws apply to your specific case.

2. What Are The Average Settlement Amounts for Car Accidents in New York?

Car accident settlements in New York are way higher than the national average.

Like, ten times higher, which is a dramatic 167% surge from around $115,000 in 2015 to over $308,000 in 2023.

Now, why is that so?

Well, for starters, New York’s no-fault system weeds out smaller claims. You can’t sue for pain and suffering unless your injuries are “serious” (like we covered earlier).

That means minor bumps and bruises don’t end up in court. Only the bigger, higher-stakes cases do, and they drive the average up.

Also, New York is expensive. Doctor visits, surgery, physical therapy…they all cost more here. Lost wages are higher, too.

Here’s a quick breakdown to give you an idea of what you might expect:

●       Minor injuries (sprains, soft tissue, minor fractures): $5,000–$75,000

●       Moderate to severe (broken bones, surgeries): $25,000–$100,000

●       Catastrophic (brain damage, paralysis, permanent disability): $1M+

So yeah, your claim could be worth a lot. But only if your injuries, and your case, qualify.

3. What Insurance Companies Don't Want You To Know About Car Accident Compensation in New York

Insurance companies aren’t in the business of fairness. They’re in the business of paying as little as possible, and they’re good at it.

For instance, insurance companies will often offer you a quick, lowball settlement before you’ve even finished treatment.

Why? Because once you accept, it’s over. No matter how bad your injuries turn out to be later.

They may also bury you in paperwork, delay responses, or ask for documents they don’t actually need—just to wear you down.

Think you're safe posting online? They’ll check your social media, looking for that one photo where you look "fine" to challenge your injury claim.

And if they can, they’ll say the accident was partly your fault, because under New York law, that reduces how much they owe you.

To avoid this from happening to you, contact Law Offices of Spar & Bernstein, P.C. They will fight aggressively to protect your rights and make sure insurance companies don’t undervalue or deny your rightful compensation.

4. What Are Some Tips To Maximize Car Accident Compensation In New York?

Want to get the most from your claim?

Start by documenting everything—photos, police reports, medical records, and lost wages.

Also, see a doctor right away, even if you feel fine, because many injuries show up later.

Another thing that's important: Don’t rush to settle. At least not until you’ve hit maximum medical improvement, so you know the full impact.

Oh, and remember the basics:

●       Don’t give recorded statements without a lawyer.

●       Don’t post on social media.

●       Don’t accept quick lowball offers.

Follow these steps, and you’ll be off to a strong start.