Calculating Damages in Car Accident Cases in New York

Car accidents in New York often result in serious injuries, emotional trauma, and financial loss. Victims may face mounting medical bills, time away from work, and injuries that lead to permanent limitations. For many, the financial pressure begins immediately after the crash and continues as the need for treatment, medication, and support grows. When injuries are serious, such as spinal injuries, traumatic brain injuries, or multiple fractures, the cost of care can be overwhelming. Families may be forced to adjust to lost income and new caregiving responsibilities. In these moments, an experienced New York car accident lawyer can provide critical support by helping injured individuals understand their rights and pursue all available forms of compensation.

It is important to understand your rights under New York law. While the no-fault system provides basic medical and wage benefits, serious injuries may entitle you to recover additional compensation through a personal injury lawsuit. This includes damages for pain and suffering, lost future income, and long-term care. These cases often involve complex legal issues and require strong evidence to prove the full extent of physical, emotional, and financial harm. If you or a loved one suffered serious injuries in a car accident, contact an experienced New York car accident lawyer who can help you understand your legal options and fight for the full compensation you deserve.

New York follows a no-fault insurance system. After a car accident, individuals typically turn to their own insurance company to recover medical costs and lost wages, regardless of who caused the accident. This is known as Personal Injury Protection (PIP) coverage and is required by law.

Under New York Insurance Law § 5102(a), PIP coverage includes:

• Up to $50,000 per person for medical treatment
• Up to $2,000 per month in lost wages, for up to three years
• Up to $25 per day for up to one year for other reasonable expenses, such as transportation or help at home

While this coverage provides basic financial support, it does not include compensation for pain and suffering. To pursue additional compensation, the injured person must show that they suffered a “serious injury” as defined by New York Insurance Law § 5102(d).

If you believe your injuries meet this threshold, speak with an experienced New York car accident lawyer. A lawyer can evaluate your situation, explain your legal options, and help you pursue the compensation you may be entitled to.

To step outside the no-fault system and file a personal injury lawsuit, a person must demonstrate that they suffered a serious injury. These include:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• An injury that prevents the person from performing their usual daily activities for at least 90 out of the first 180 days following the accident

This last category is often referred to as the 90/180 rule and requires strong, objective medical documentation. Courts in New York have interpreted this requirement in several key cases. In Licari v. Elliott, 57 N.Y.2d 230 (1982), the Court of Appeals examined whether the plaintiff’s injuries met the serious injury threshold under the 90/180 provision. Although the plaintiff claimed ongoing pain after a car accident, he returned to work as a taxi driver just 24 days later and resumed his normal 12-hour shifts. The Court held that to qualify under the 90/180 rule, a plaintiff must show a medically determined injury that prevents them from performing substantially all of their usual activities for at least 90 of the first 180 days following the accident. Because the plaintiff resumed his routine quickly and lacked supporting medical evidence, the Court ruled he did not meet the standard.

The Court reaffirmed and expanded on this principle in Toure v. Avis Rent A Car Systems, Inc., 98 N.Y.2d 345 (2002), which consolidated three appeals involving the serious injury threshold. In particular, the Nitti case focused on the 90/180 rule. There, the plaintiff failed to present objective medical proof of a qualifying injury. Her chiropractor relied on subjective complaints and referenced an MRI report that was never introduced into evidence. In contrast, the other plaintiffs in Toure and Manzano provided MRI findings and medical evaluations that tied objective test results to documented physical limitations. The Court used Nitti to confirm that conclusory or subjective statements are not sufficient to meet the 90/180 requirement.

Once a person meets the serious injury threshold, they are no longer limited to the basic benefits provided under New York’s no-fault system. This threshold is a critical gateway. Because the financial difference between staying within the no-fault system and meeting the threshold can be substantial, it is important to build a strong case supported by objective medical evidence.

If you believe your injuries may qualify as serious under New York law, contact an experienced New York car accident lawyer who can evaluate your case, gather the necessary medical evidence, and help you pursue the full compensation you may be entitled to receive.

Economic damages are actual financial losses resulting from an accident. These damages are generally supported by bills, receipts, or employment records. They may include:

• Medical Expenses. Victims may recover the full cost of medical treatment related to the accident. This includes emergency care, hospital stays, surgeries, physical therapy, diagnostic testing, medication, and mental health treatment.

  If long-term or lifetime care is required, the injured person may recover future medical expenses. In cases of permanent injury, a life care plan may be developed to estimate future needs and costs. These plans are typically prepared by medical experts and may include rehabilitation, home care, equipment, and anticipated treatment.

• Lost Wages. If a person cannot work due to injuries, they may recover the value of lost income. This includes salary, bonuses, commissions, and self-employment income. Pay stubs, tax returns, and letters from employers may be used to prove this loss.
• Loss of Future Earning Capacity. In more serious cases, injuries may permanently affect a person’s ability to earn a living. Compensation may be available for reduced future earnings. Vocational experts and economists are often used to calculate this loss, based on work history, education, job skills, and the nature of the injury.

Additional damages may include:

• Transportation to medical appointments
• In-home care or childcare
• Costs of modifying a home or vehicle
• Replacement services like housekeeping or lawn care

Non-economic damages are meant to compensate for the effects of an injury that do not have a set dollar value. These damages are often harder to quantify but may significantly affect a person’s life.

• Pain and Suffering. This includes physical pain and discomfort during treatment and recovery, as well as ongoing or permanent pain. Courts consider the type and severity of injury, treatment required, and whether the pain is likely to continue.
• Emotional Distress. Accident victims may suffer from anxiety, depression, or trauma. In some cases, they develop post-traumatic stress disorder or a fear of driving. Medical records, therapy notes, and testimony can help support these claims.
• Loss of Enjoyment of Life. If a person can no longer participate in hobbies, family activities, or other aspects of daily life they once enjoyed, they may recover damages for this loss.
• Loss of Consortium. A spouse of an injured person may be awarded compensation for the loss of companionship and support caused by the injury. This includes affection, intimacy, and household services.
• Scarring or Disfigurement. Visible scars, burns, or disfigurement can lead to compensation for both the physical and emotional impact, including embarrassment or reduced social opportunities.

Punitive damages are different from compensation for losses. Punitive damages are awarded only when there is clear and convincing evidence of serious misconduct. They are not meant to compensate the injured party, but to punish the wrongdoer and deter similar behavior in the future. They are not available in most car accident cases, but may apply in limited situations, such as:

• Driving under the influence with a very high blood alcohol level
• Intentionally causing a crash
• Driving a vehicle with known, dangerous defects

The leading New York case on punitive damages is Walker v. Sheldon, 10 N.Y.2d 401 (1961). Although it was not a car accident case, it remains highly relevant because it sets the legal standard for when punitive damages may be awarded. In Walker, the plaintiff alleged that the defendants operated a business built on systematic fraud, intentionally deceiving the public through a pattern of dishonest conduct.

The New York Court of Appeals emphasized that the fraudulent acts were not isolated, but part of an ongoing scheme rooted in moral wrongdoing and public deception. The Court concluded that punitive damages may be awarded in cases involving gross fraud or misconduct that demonstrates a criminal indifference to civil obligations.

Because the defendants’ actions involved high moral culpability and a pattern of deceit, the plaintiff was allowed to seek $75,000 in punitive damages. This case continues to guide courts in determining whether punitive damages are appropriate in tort claims, including in certain serious car accident cases where the defendant’s conduct shows recklessness or intentional wrongdoing.

New York follows a "pure comparative negligence" rule, codified in CPLR § 1411. This means that if you're partially at fault for a car accident, your compensation is reduced by your percentage of fault. Even if you're 90% responsible, you can still recover 10% of your damages.

For example, if a jury awards $200,000 in damages and finds you 30% at fault, your compensation would be reduced by $60,000, allowing you to recover $140,000. This rule allows injured parties to recover compensation even in complex cases where fault is shared among multiple drivers.

In Rodriguez v. City of New York, 31 N.Y.3d 312 (2018), the Court of Appeals held that a plaintiff may obtain partial summary judgment on a defendant’s liability without first proving they were free from fault. The Court explained that comparative negligence is not a defense to liability and only affects the amount of damages awarded.

Because insurance companies often rely on comparative negligence to reduce payouts, it is important to build a strong case. Thorough documentation, witness statements, and an experienced New York car accident lawyer can help ensure your compensation is not unfairly reduced.

Several types of insurance may affect the outcome of a car accident case in New York. Knowing how each applies can help you recover the full compensation you are entitled to receive.

• Liability coverage (Vehicle and Traffic Law § 311): This coverage pays for damages caused by the insured driver to others in a crash. In New York, drivers are required to carry minimum liability limits of $25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage. Claims under this policy are typically paid by the at-fault driver’s insurance company.
• Uninsured motorist (UM) coverage (Insurance Law § 3420[f][1]): This protects you if you are injured by a driver who does not have insurance. It allows you to file a claim under your own policy when the other driver is uninsured. UM coverage is mandatory in New York for bodily injury, with limits equal to the minimum required liability coverage.
• Underinsured motorist (UIM) coverage (Insurance Law § 3420[f][2]):
  This applies when the at-fault driver's policy limits are too low to fully compensate you. Your UIM coverage can provide additional compensation up to the limits of your own policy. UIM is optional but highly recommended for cases involving serious or permanent injuries.
• Supplemental spousal liability coverage (Insurance Law § 3420[g]): This optional coverage protects you if you're injured in a crash caused by your spouse. Without it, you generally cannot file a claim against your spouse's liability coverage. As of 2002, insurers must offer this coverage, but policyholders must affirmatively accept it for it to apply.

Understanding all available insurance coverage is key to making sure nothing is overlooked. An experienced New York car accident lawyer can help review your policies and identify every possible source of compensation.

In a New York car accident case, the amount of compensation you receive depends heavily on the quality and detail of the evidence you present. Courts and insurance companies require clear documentation to support claims for both economic and non-economic damages. Whether you are seeking payment for medical expenses, lost income, or pain and suffering, you must show exactly how the accident impacted your life. Without solid proof, your damages award may be reduced or denied altogether.

Useful evidence includes:

• Medical records and bills – To show the nature, severity, and cost of your treatment.
• Proof of lost wages – Pay stubs, employer letters, or disability documentation help demonstrate time missed from work.
• Tax returns – Especially important for self-employed individuals to show prior income.
• Expert opinions – From doctors, vocational experts, and economists to explain long-term impact and projected future losses.
• Photographs – Of your injuries, the vehicle, and the accident scene to illustrate the seriousness of the crash.
• Personal journals – Daily notes on pain levels, emotional distress, and reduced ability to function support non-economic damage claims.
• Statements from family and caregivers – These can describe how your injuries affect your home life and daily routine.
• Police reports and accident reconstruction – These provide details on how the accident occurred and who was at fault.

Note that New York law requires injured people to take reasonable steps to reduce their losses. This is called the duty to mitigate. It means you must follow medical advice, attend appointments, and try to return to work if you are medically able. If you take actions that make your injuries worse or increase your financial losses, such as ignoring treatment, skipping therapy, or refusing a job you are capable of doing, you may not receive compensation for those added damages. Failing to mitigate can lead to a reduced damages award or denial of part of your claim.

Because compensation often depends on the strength of your evidence, working with an experienced New York car accident lawyer can help ensure nothing important is overlooked. A lawyer can help you gather the right documentation, work with experts, and present your case effectively to maximize your recovery.

If you were injured in a car accident, it is important to understand the time limits for filing a lawsuit. These deadlines, known as statutes of limitations, are strictly enforced. Missing one can result in the permanent loss of your right to seek compensation.

• Personal Injury Claims: You generally have three years from the date of the accident to file a lawsuit for personal injuries. See CPLR § 214(5)
• Public Agency Claims: If the accident involved a government-owned vehicle or employee, you must file a Notice of Claim within 90 days and file the lawsuit within one year and 90 days from the date of the accident. See General Municipal Law §§ 50-e(1)(a), 50-i(1)
• Wrongful Death Claims: If the accident resulted in death, the deadline to file a wrongful death lawsuit is two years from the date of death. See Estates, Powers and Trusts Law § 5-4.1

To make sure your claim is filed on time, contact an experienced car accident attorney in New York as soon as possible.

Calculating damages accurately requires a thorough understanding of New York's laws and legal precedents. Consulting with an experienced car accident attorney serving New York is highly recommended to ensure your rights are protected and you receive the full compensation you deserve. An attorney will carefully review the details of your case, gather evidence, work with medical experts to assess the extent of your injuries, and negotiate with insurance companies or represent you in court, if necessary. Remember, every car accident case is unique, and the specific damages awarded will depend on the circumstances surrounding the accident and the resulting injuries. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Staten Island, Suffolk County, Brooklyn, Long Island, Queens, Manhattan, Bronx, and Westchester County.