What Is a Fair Settlement for a Car Accident?
While it’s challenging to determine a fair settlement for a car accident. But, there should be a settlement offer that covers your medical expenses and other losses resulting from the crash. In states like New York, determining a fair settlement in a car crash is often influenced by the negligence rule and your liability in the incident.
Research conducted by the Insurance Information Institute indicates that a fair settlement for injuries is approximately $20,235, and for property damage is $4,711. However, these settlement figures can vary because of factors like the severity of injuries, the extent of property damage, liability, and insurance coverage.To ensure you get a fair deal, it’s wise to consult with an attorney. At Uptown Injury Law Firm, PLLC, our experienced car accident lawyers in New York can help you file an auto accident claim. We aim to secure a settlement that compensates for your damages and injuries. Give us a call at 917-540-8728 for a freeand confidential case review.
Factors That Affect the Fair Car Accident Settlement Amount
Several factors play an important role when you are evaluating the value of your car accident settlement, such as:
Figuring out who is responsible for the car accident is crucial. If the other party is at fault, their insurance company must cover your damages. To establish the other driver’s liability, several key elements need to be demonstrated:
- Duty of Care: Show that the other driver had a duty to drive safely, including keeping a proper distance.
- Breaching Duty: Collect proof that the other driver didn’t fulfill their duty, like not giving the right of way or hitting your car from behind.
- Proving Cause and Effect: Connect their breach of duty directly to the damage to your car and any injuries you suffered.
- Financial Losses: Keep a record of all the money you’ve had to spend because of the accident, like repair bills and medical expenses.
Successfully proving these circumstances can lead to a fair settlement for your car accident case. When the other driver’s insurance fails to compensate for your damages, pursuing a lawsuit against the responsible party becomes a viable option. In New York, the timeline for filing a personal injury lawsuit is 3 years from the accident date.
Conversely, if you’re at fault, your settlement might be less. The more at fault you are, the less money you’ll get. But if you’re not at fault at all, you can seek full compensation for everything.
Negligence Laws and Rules
In a New York car accident, where the insurance adjuster finds you negligent, it’s essential to understand the rules that govern compensation. Here are three principles to consider:
- Comparative Negligence Rule in New York: According to this rule, if you’re partially at fault, your settlement amount will be reduced. For instance, if you’re 60% responsible and the other driver is 40% at fault for the crash. You will only recover 40% of your damages while bearing the responsibility of 60% on your own.
- Contributory Negligence Rule: This rule, followed in states like Alabama, Maryland, North Carolina, Virginia, and others, takes a strict approach. Even if you are found to be just 1% at fault, you are ineligible for any car accident settlement.
- Modified Comparative Negligence Rule: States such as Massachusetts, Michigan, Colorado, Connecticut, Delaware, and others adhere to this rule. Here, your eligibility for a settlement depends on the degree of your negligence. If you are more than 50% or 51% at fault, you will not receive any compensation. To secure a fair settlement, it’s crucial to be determined negligent in the accident by less than 50% or 51%.
2. Extent of Your Injuries
The seriousness and type of injuries you suffer can influence the amount you might receive in a settlement. For example, more serious injuries, such as a traumatic brain injury instead of a simple fracture, often lead to higher compensation.
According to the New York State Department of Health (2012-2014), around 12,093 New Yorkers end up in the hospital each year due to serious injuries from car accidents. Additionally, there were about 1,098 motor vehicle-related deaths and 136,913 emergency department visits reported in the state. These incidents often require extensive medical treatments and physical therapies, with common injuries including:
- Soft tissue injuries
- Neck and back injuries
- Traumatic brain injuries
- Catastrophic injuries
- Broken bones
- Chest injuries
- Arm and leg injuries
- Internal bleeding
- Herniated discs
- Post-traumatic stress disorder (PSTD)
Thus, the average settlement for car accidents involving back and neck injuries falls within the range of $100,000 to $500,000. In New York, the typical compensation for neck and back injuries averages $8.6 million, with a median settlement of $3 million. This amount is notably higher than settlements in other states.
Nationally, the average settlement amount for back injuries is around $834,686, while whiplash cases generally settle around $10,000. Catastrophic injuries, such as vertebrae or spinal cord damage, may lead to settlements ranging from $100,000 to $1,000,000.
3. Medical Bills
The overall expenses during your medical treatment, such as hospital bills, surgical procedures, medications, and rehabilitation, can also affect the settlement amount for your car accident claim. Serious injuries often lead to higher payouts due to expensive treatments.
On average, a person’s lifetime hospital bills amount to approximately $57,000. A 2012 CDC study found that the average hospital bill for individuals requiring medical care following a car accident was roughly $56,674. Several factors influence your medical bills, including:
- The nature of the medical care you receive
- The duration of your hospital stay
- Transportation costs to and from the hospital
- Future medical care
- The necessity for surgery
- Expenses of physical and occupational therapy
- Costs associated with durable medical equipment
You should collaborate closely with your car accident lawyer to compile a record of all your medical expenses. This detailed record strengthens your case and improves the chances of getting a fair and maximum settlement for your car accident.
4. Lost Wages
If you’ve had a car accident and had to miss work, you might be eligible for compensation to cover lost wages and future earnings. According to recent CDC data, the overall medical expenses resulting from injuries that cause people to miss work due to car crashes reach a significant $23.5 billion.
When making a claim for lost wages, it’s important to consider not just your living expenses but also any promotions and retirement plans.
To support your claim, you’ll need to provide proof of your earnings, such as pay stubs or a salary confirmation certificate from your employer. Therefore, working with a skilled car accident attorney can help gather all the necessary documents to clearly demonstrate the impact on both your current and future income. This thorough approach strengthens your claim and increases the likelihood of receiving fair compensation.
5. Property Damage
The cost to fix or replace your damaged vehicle or property can impact the overall value of your settlement. If the car crash resulted in massive harm to your vehicle and other belongings, such as your phone, computer, laptop, luggage, or any other valuable items. In such a case, you may get a higher settlement payout.
In New York State, to ensure a fair settlement for property damage, you must report the car crash to the Department of Motor Vehicles (DMV) within 10 days of the incident and obtain an official accident report.
This report serves as a vital document to maximize your settlement amount. Failing to do this could lead to your driving license suspension and expose you to criminal charges in New York City.
6. Pain and Suffering
Your damages, like physical pain and emotional distress, can also boost your settlement money. Thus, calculating these damages is challenging but essential in determining a fair settlement.
To claim compensation for your emotional distress, it’s important to demonstrate how your physical injuries have affected your emotional well-being. For this, seek the assistance of an experienced car accident lawyer.
Examples of pain and suffering damages include:
- Loss of enjoyment of life
- Mental anguish or anxiety
- Disfigurement or scarring
- Loss of consortium or companionship
- Post-traumatic stress disorder (PTSD)
7. Insurance Coverage
If the driver responsible for your car accident has minimum insurance coverage, it may restrict the amount of money available for a fair settlement in your case. The insurance policies and companies of the at-fault driver also determine the funds you receive for your car accident settlement.
Many states permit drivers to maintain minimal liability coverage from $25,000 to $50,000. However, New York State operates under a no-fault insurance system.
Within this no-fault system, if you’re a driver in New York, you must have Personal Injury Protection (PIP), also known as no-fault insurance, in your auto insurance policy. PIP coverage ensures that your insurance company directly covers damages like medical bills, lost earnings, and minor injuries up to the limit of $50,000, regardless of who caused the accident.
However, some exceptions make you ineligible for no-fault benefits, such as:
- Drunk driving, i.e., driving under the influence of drugs and alcohol
- Intentionally causing the accident
- Involved in an ATV (All-Terrain Vehicles) accident
- Injured while committing a felony or knowingly driving a stolen vehicle
Even if you have no-fault coverage, it doesn’t stop you from suing the other party for more money if your losses go beyond $50,000. You have up to 3 years from the accident date to file a lawsuit under New York law.
Thus, it’s important to seek medical help quickly and gather evidence. It’s a good idea to consult a New York car accident lawyer to understand your rights and legal process under NYC laws.
Average Car Accident Settlement Examples
It is crucial to examine real-life examples to understand what constitutes a fair car accident settlement. Therefore, here are a few car accident settlement numbers for your reference:
- A victim got hit by a truck of a commercial elevator company, and police records indicated that the driver was under the influence. Our experienced attorney, Kyle Newman, proved the liability of the at-fault driver and secured a fair car accident settlement of $1,800,000 on behalf of the victim.
- The average settlement for car accidents in New York is about $287,000, which is higher than in other states.
- According to one study, the average car accident settlement in rear-end collisions is around $15,000. However, some rear-end accidents can lead to a bigger settlement payout.
- In the USA in 2019, one car accident victim received a settlement amount of $170,000 for a rear-end collision case. The victim was a passenger in a car accident that hit another car.
- According to the 2022 facts and statistics by the Insurance Information Institute, the auto liability settlement is around $117,875,684. However, the fair settlement offer for physical damage amounts to $91,020,987.
- From 2015 to 2023, new data indicates additional fair settlement values for auto accidents. For example, an average truck accident settlement is around $73,109.92, while a fair motorcycle accident settlement tends to be approximately $79,334.61.
- Another research by Martindale-Nolo showed that the average compensation for property damages is between $5,000 and $25,000. The fair settlement amount for bodily injury per person is around $15,000 to $50,000. However, the fair settlement money per accident ranges from $30,000 to $100,000.
How Are Damages Calculated in Car Accident Settlements?
When determining your fair car accident settlement value, it’s essential to understand how different damages are calculated.
Calculating Your Economic Damages
Economic damages, also known as special damages. These damages are relatively straightforward to calculate and typically include:
- The record of receipts and invoices of all your medical bills, like hospital expenses and treatments.
- The evidence of your salary slip or daily wages to recover from your lost income or wages.
- Repair bills, towing fees, and the fair market value of your damaged property.
- The proof of ongoing medical treatment to cover your future medical costs. Furthermore, evidence for your other out-of-pocket expenses, such as transportation costs to medical appointments or necessary medical equipment.
These documents can help you calculate your economic damages. Reach out to Uptown Injury Law Firm, PLLC, a New York car accident attorney, to collect these documents so that you can get a fair and maximum settlement after a car crash.
Calculating Your Non-Economic Damages
Non-economic damages, also known as intangible losses. These damages can be calculated by various methods, such as:
- A multiplier method calculates your medical bills and lost wages by a number ranging from 1.5 to 5. This number depends on the severity of your injury and other relevant factors.
- In the per diem method, a daily or weekly rate, such as $300, is given for your pain and suffering. After that, this daily or weekly rate is multiplied by the number of days (such as 500 days) you stay at the hospital.
- Sometimes, car accident victims use methods like mediation or arbitration to settle the matter. In these situations, you can negotiate and agree upon a settlement amount for the emotional damage.
Some jurisdictions place limits or caps on your pain and suffering damages, especially in medical malpractice cases. These caps or limits calculate the amount of compensation available for you.
Uptown Injury Personal Injury and Car Accident Settlements Amounts
- Car Accident: $1.8 million
- Wrongful Death: $1.4 million
- Wrongful Death: $4 million
- Slip & Fall on Snow & Ice: $850,000
- Defective Bridge/Falling Debris: $650,000
These outcomes showcase our commitment to achieving favorable results for our clients in various New York personal injury and car accident cases. Give us a call toll-free at 917-540-8728 to discuss your case without any fees.
How Can You Secure a Fair Car Accident Settlement?
To secure a fair car accident settlement, collect witness statements and gather medical records and bills. Strong evidence can strengthen your case and help you get a fair settlement amount.
Furthermore, you can wait for the right moment to negotiate with the insurance company, which might come after you stabilize from your injuries and establish the liability in your car accident. For this, maintain open and respectful communication with your insurance company.
Make sure that insurance companies are not your friends they can always try to reject your claim and offer you a low settlement offer. In such cases, respond or negotiate with the help of your car accident attorney. If the negotiations cannot make further headway or stop, mediation can be a valuable alternative to litigation. Mediation allows the involvement of a neutral third party that can help you and the involved parties to reach a compromise.
When and Why Should You Involve a Car Accident Lawyer?
You can hire a lawyer if there is an argument about who is responsible and your injuries are severe. In such cases, having a car accident lawyer with legal knowledge can be extremely helpful for your case.
Furthermore, insurance companies can employ tactics to minimize your typical car accident settlement. In such instances, car accident lawyers can deal with these tactics and can protect your rights.
When you have a personal injury lawyer on your side, they fulfill all legal requirements and deadlines in your car accident case. This can help minimize the risk of compromising your car accident claim.
Get the Fair Car Accident Settlement – Contact Uptown Injury!
Car accidents can turn your life upside down in an instant. Medical bills, vehicle repairs, and lost wages can all increase an emotional and financial toll. But you don’t have to face these challenges alone.
At Uptown Injury Law Firm, PLLC, we specialize in helping car accident victims like you. Our skilled team of car accident lawyers is here to fight for your rights, ensuring that you receive the financial support you need to recover. With 15+ years of experience, our skilled lawyers have a successful track record of handling auto accident cases.
What Factors Determine a Fair Settlement for Your Car Accident?
A fair settlement for a car accident depends on factors such as the severity of your injuries, property damage, liability, medical expenses, lost wages, and pain and suffering. Moreover, it varies on a case-by-case basis.
Should I Accept the First Car Accident Compensation Offer?
It’s generally advisable not to accept the first settlement offer without consulting your personal injury attorney. This is because insurance companies usually offer a low settlement amount, and a personal injury attorney can help you negotiate a fair compensation amount.
How Can I Calculate My Car Accident Settlement Amount?
You can calculate your settlement amount by adding up your financial losses and non-economic damages. For this, you need to collect all the related evidence of your car accident, such as hospital bills, photos of vehicle damage, lost income, etc. Therefore, consulting a car accident injury lawyer can help you get an accurate estimate of your settlement offers.
Is Hiring a Car Accident Lawyer Necessary?
Hiring a skilled attorney is not mandatory, but they can improve your chances of receiving a fair settlement. A skilled attorney can help you with your car accident lawsuit and ensure you’re not taken advantage of by insurance companies.
How Can I Support My Personal Injury Claim After a Car Accident?
You can support your claim by collecting evidence such as photos of your car accident scene, police reports, witness statements, details of serious injuries, records of punitive damages, if any, and correspondence with the insurance company.
How Long Does It Take to Reach a Car Accident Settlement?
The time it takes to reach a settlement depends on factors such as the case’s complexity, negotiations, and court proceedings, if necessary. Some settlements can take an average time of 11 months, while others can take longer.
Can I Still Receive a Settlement if I Am Partially at Fault for a Car Accident?
Yes, you can still receive a settlement offer even if you were partially at fault. The settlement value can be reduced based on the extent of your fault, following the comparative or contributory negligence rules in your state.
What if the At-Fault Driver Doesn’t Have Insurance Coverage?
If the other driver is uninsured, you can turn to your uninsured/underinsured motorist coverage (UM) if you have it. This coverage can help you receive compensation for your damages when the other driver has no or insufficient insurance.