New York car accident settlements average around $88,000, one of the highest in the country — but reaching that kind of payout requires clearing a legal hurdle unique to no-fault states.

Pure Comparative Fault — With a No-Fault Threshold

New York uses pure comparative fault, meaning you can recover damages even if you're mostly at fault, reduced proportionally. But New York is also a no-fault state: your own insurance covers your initial medical bills and lost wages regardless of fault, and to sue the other driver for pain and suffering, your injury must clear a "serious injury" threshold — a fracture, permanent limitation of use, or a disability lasting 90 of the first 180 days after the accident, among other categories.

💡 Many New York claims are contested specifically over whether the injury meets the serious injury threshold — not over who was at fault. Thorough, ongoing medical documentation is critical to clearing this bar.

Insurance Minimums: 25/50/10

New York requires drivers to carry at least 25/50/10 coverage. In the New York City metro area specifically, high repair and medical costs mean serious injury claims often exceed these minimums quickly, making supplemental Underinsured Motorist (UIM) coverage especially valuable for drivers in and around the five boroughs.

Why New York Settlements Run High

New York's elevated cost of living — particularly medical care and lost wages calculated against New York City salaries — pushes settlement values well above the national average for claims that do clear the serious injury threshold. Combined with a large, experienced personal injury bar in the state, New York consistently produces some of the highest average settlements in the country.

Frequently Asked Questions

What is the average car accident settlement in New York?

Approximately $88,000.

Can I sue for pain and suffering in New York?

Only if your injury meets the state's serious injury threshold under its no-fault law. Otherwise, your own no-fault insurance covers medical bills and lost wages.

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