This calculator estimates what a car accident injury claim could be worth under New York law. It applies New York’s pure comparative rule, the three-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.
Because New York is a no-fault state, the calculator first subtracts what your own PIP coverage pays, then asks whether your injury meets the threshold to claim pain and suffering from the at-fault driver.
New York rules behind this estimate
Fault. New York uses pure comparative fault. If a jury finds you 20% at fault, your award drops by 20%, and you can still recover something even if you were mostly to blame. Insurers still argue your share up, because every point of fault comes off the payout.
Deadline. You have three years from the crash to file a lawsuit in New York. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.
Insurance. New York is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $50,000, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need a “serious injury”, such as a fracture, significant disfigurement, a permanent or significant limitation, or an injury that kept you from your usual activities for 90 of the first 180 days. Liability minimums are 25/50/10.
Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.
New York car accident questions
What if the other driver only has the New York minimum?
Their insurer will usually pay no more than $25,000 for your injuries. Your own underinsured motorist (UIM) coverage can pay the difference up to your limit. Enter both above to see the ceiling.
Can I still claim if I was partly at fault in New York?
Yes. New York uses pure comparative fault, so you can recover even if you were mostly at fault. Your award is reduced by your percentage.
How long do I have to file a car accident claim in New York?
three years from the crash to file a lawsuit. Report the claim to the insurers within days.
Do I need to meet a threshold to sue in New York?
Yes. New York is a no-fault state, so your PIP pays first. To claim pain and suffering from the at-fault driver you need a “serious injury”, such as a fracture, significant disfigurement, a permanent or significant limitation, or an injury that kept you from your usual activities for 90 of the first 180 days.
Does New York cap pain and suffering damages?
Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.