It's the first question everyone asks, and the fairest one: what is my case actually worth?
Here's why it matters so much. The insurance company already has a number in mind, and it's low. Their adjuster may sound friendly, but their job is to close your file for as little as possible. If you don't know your range, their number becomes your number. And once you sign a release, it's over. There's no reopening a settled claim because your back got worse.
Anyone who promises you a dollar figure from a web page is selling something. What we can do is show you the pieces every real number is built from.
The four building blocks
Medical bills
Everything the crash cost your body. The ambulance, the ER, imaging, surgery, therapy, medication. Future treatment counts too, and it's the part people forget to include.
Lost pay
Wages you missed while you healed. If you can't return to the same work, the earnings you'll lose going forward count as well.
Damage to your property
Your car, repaired or replaced, plus anything of value damaged in it.
Pain and suffering
Money for what the injury took from your life. Sleep, hobbies, holding your kid, feeling like yourself. In serious cases this is often the largest piece, and it's the piece insurers fight hardest to shrink.
Three things that move the number
The "serious injury" rule. New York generally requires a "serious injury," as the law defines it, before you can sue the at-fault driver for pain and suffering. Broken bones, significant scarring, permanent or significant limits on your body, or being kept from normal life for at least 90 of the first 180 days generally qualify. Whether your injury clears the bar is a real question for a professional, not a guess.
Shared fault. New York law generally reduces your recovery by your share of the blame. Twenty percent at fault on a $100,000 case generally means $80,000. Adjusters push your share of fault up to push your number down.
Policy limits. The insurance available usually sets the ceiling. Finding every policy that applies is one of the most valuable things a good attorney does.
What the evidence says about getting help
One number worth knowing. Accident victims with legal representation receive settlements nearly 3.5 times higher than those without, according to a 2014 Insurance Research Council study. That's a national average, not a promise about your case. Prior results do not guarantee a similar outcome. But it tells you why the insurer hopes you won't get help.
Get your range before you sign
Don't settle your case without knowing what it may be worth. Call us and we'll walk through your situation for free. You'll leave the call knowing the pieces of your claim, your deadlines, and whether it's worth talking to an attorney. If it is, we'll connect you with an independent New York lawyer who charges no fee unless they win for you. Your deadline may be different from the general ones above. One more reason to ask now.
Questions New Yorkers ask us
What is the average car accident settlement in New York?
There is no honest average for your case. Every case is built from medical bills, lost pay, property damage, and pain and suffering, then adjusted by fault and policy limits. Anyone quoting an average is selling something. A free case review gives you a range built on your facts.
Can I still get money if the crash was partly my fault?
Generally yes. New York law generally reduces your recovery by your share of the blame, so 20 percent at fault on a $100,000 case generally means $80,000. Don't accept the insurer's math on your share without a second opinion.
How long do I have to sue after a New York car accident?
Most New York injury lawsuits generally must be filed within 3 years of the crash, and some claims run much shorter. Your deadline may be different. That is exactly why you should get advice now, not later. Start with our after-a-crash guide.
Want your range? Get your free case review or call (347) 526-1246. A real person answers, 24/7.
