Average Car Accident Settlement: What 60,783 Payments Show
Median $5,000 · average $38,616
From 60,783 paid car accident claims, 2009–2026 · as of October 20, 2026
The median paid car accident claim in our data is $5,000; the average is $38,616, pulled up by a few very large cases. These are 60,783 claims paid by the federal government (U.S. Judgment Fund), New York City and Chicago from 2009 to 2026, vehicle damage included. For injury claims against insured drivers, the NAIC average was $28,919 in 2022.
- 1Injury
- 2Costs
- 3Fault
What is the average car accident settlement?
Across 60,783 paid car accident claims in our data, the median payment was $5,000 and the average was $38,616. Half of all payments were $5,000 or less; a small number of very large cases pull the average up.
These are car accident claims paid from 2009 to 2026 by the federal government (U.S. Judgment Fund, under the Federal Tort Claims Act), New York City and Chicago. They are public payers, not insurance companies. Claims for vehicle damage only are included, which pulls the median down. Federal claims of $2,500 or less are paid by the agencies themselves and are mostly not in this data.
The middle half of payments fell between $2,976 and $11,293. About one payment in ten reached $35,000 or more, and about one in twenty reached $95,000 or more. Those few large cases are why the average sits so far above the typical payment.
For claims against insured drivers, the NAIC puts the average bodily injury liability claim at $28,919 for 2022. That figure covers injury claims only, so it is higher than our median for all claims.
- $5,000median payout
- $38,616average payout
- $35,0001 in 10 paid more than this
How 60,783 real payouts are spread
Share of the 60,783 real payouts in each range
- Under $2,50016%
- $2,500–$5,00033%
- $5,000–$10,00022%
- $10,000–$25,00015%
- $25,000–$100,0009%
- $100,000 or more5%
Where the data comes from
- U.S. Treasury Judgment Fund37,620 payoutsFederal traffic-related claims, paid when a federal driver (USPS, VA, military and others) was at faultmedian $6,090 · $1.23 billion
- New York City Comptroller21,070 payoutsVehicle claims settled by the city — buses, police cars, sanitation trucksmedian $3,146 · $1.06 billion
- City of Chicago2,093 payoutsVehicle-related settlements involving the city fleet and police departmentmedian $3,825 · $56.5 million
What is a typical settlement for a car accident with injury?
In New York City, settled car accident injury claims had a median of $27,500 across 1,820 cases. Federal car accident claims settled after a lawsuit had a median of $37,000.
Typical depends on the injury. A strain that heals in a few weeks and a fracture that needs surgery are very different claims, and the amounts spread widely.
Federal car accident claims paid without a lawsuit had a median of $5,608, and about one in ten reached $20,000 or more. Those claims include vehicle damage. Federal claims of $2,500 or less are paid by the agency itself and are mostly missing from this data, which pushes that median up. The New York City figure is the closest match to an injury claim, because the city codes those claims as personal injury.
The overview below puts each path side by side. Keep in mind that serious injuries are more likely to end up in a lawsuit, so the lawsuit figures start from bigger losses.
What claims paid, by how they ended
- Paid without a lawsuitmedian $5,608Claims against the federal government for crashes with federal vehicles, settled by the agency, 2009–202533,508 payments · 1 in 10 above $20,000
- Settled after a lawsuit was filedmedian $37,000Federal vehicle cases settled in court and paid from the Judgment Fund, 2016–20252,424 payments · 1 in 10 above $350,000
- Decided by a court judgmentmedian $55,000Federal vehicle cases that ended in a judgment, 2016–202562 payments
- New York City injury claimsmedian $27,500Car accident injury claims settled by the city, fiscal years 2016–20191,820 payments · 1 in 10 above $300,000
Lawsuit amounts are higher partly because the most serious injuries are the ones most likely to end up in court — the lawsuit is not the only reason for the larger number.
What is the average settlement for a car accident with no injury?
Without an injury, the claim mostly pays for the car. In 2024, the average property damage liability claim was $6,770, according to industry data published by the Insurance Information Institute.
In California, damage to a car is measured as the lower of two amounts: the reasonable cost of repair or the drop in the car's value. You can also claim the reasonable cost of renting a similar car for the time a repair or replacement reasonably takes.
In our data, New York City auto claims without an injury code settled for a median of $2,207. Half of them were resolved within 189 days of filing.
If you claim on your own collision coverage instead, the 2024 average collision claim was $5,489.
How much do insurance companies pay for pain and suffering?
There is no set amount and no official formula. California's jury instruction says no fixed standard exists, and court records show at least one large insurer has used software that suggests a range from details an adjuster enters.
Pain and suffering is the noneconomic part of a claim: physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, anxiety and emotional distress. California tells jurors to use their judgment to decide a reasonable amount based on the evidence and their common sense.
Court records in a New Mexico class action describe how Allstate used a program called Colossus. The adjuster entered information from the investigation, the software recommended a range of general damages, and adjusters then used their judgment together with reasonable and necessary medical expenses and other special damages.
Some laws limit pain and suffering. In New York, a no-fault state, you can recover it from the other driver only for a serious injury. Colorado raised its cap on noneconomic damages to $1.5 million for civil actions filed on or after January 1, 2025.
What is the average car accident settlement by state?
The NAIC publishes an average bodily injury liability claim for each state. The national average was $28,919 in 2022; the table below ranks the states from highest to lowest.
The five highest state averages all belong to no-fault states: Michigan, New York, Hawaii, New Jersey and North Dakota. In those states, a pain and suffering claim against the other driver usually has to clear a threshold first; in New York, for example, it requires a serious injury. See no-fault states for the rule in each.
A state average is not a price list. It mixes small and catastrophic claims. Your own amount depends on your injury, your costs, fault and the insurance limits involved.
Average bodily injury liability claim by state, 2022
| State | Average claim | Rank |
|---|---|---|
| Michigan | $77,661 | 1 of 50 |
| New York | $43,180 | 2 of 50 |
| Hawaii | $40,235 | 3 of 50 |
| New Jersey | $39,679 | 4 of 50 |
| North Dakota | $36,680 | 5 of 50 |
| Colorado | $36,314 | 6 of 50 |
| Kansas | $35,292 | 7 of 50 |
| Minnesota | $33,856 | 8 of 50 |
| Connecticut | $32,362 | 9 of 50 |
| California | $31,467 | 10 of 50 |
| New Hampshire | $31,286 | 11 of 50 |
| Wisconsin | $30,350 | 12 of 50 |
| South Dakota | $30,030 | 13 of 50 |
| Alaska | $29,727 | 14 of 50 |
| Pennsylvania | $29,719 | 15 of 50 |
| Nevada | $29,255 | 16 of 50 |
| Utah | $29,253 | 17 of 50 |
| Florida | $28,242 | 18 of 50 |
| Delaware | $27,751 | 19 of 50 |
| Washington | $27,584 | 20 of 50 |
| Illinois | $27,477 | 21 of 50 |
| Montana | $27,078 | 22 of 50 |
| Kentucky | $26,626 | 23 of 50 |
| Wyoming | $26,087 | 24 of 50 |
| Missouri | $26,040 | 25 of 50 |
| Maine | $25,769 | 26 of 50 |
| Vermont | $24,857 | 27 of 50 |
| Georgia | $24,637 | 28 of 50 |
| West Virginia | $23,323 | 29 of 50 |
| Arizona | $23,291 | 30 of 50 |
| Indiana | $23,035 | 31 of 50 |
| Oregon | $22,875 | 32 of 50 |
| Nebraska | $22,839 | 33 of 50 |
| Tennessee | $22,787 | 34 of 50 |
| Alabama | $21,144 | 35 of 50 |
| Virginia | $21,079 | 36 of 50 |
| Iowa | $20,887 | 37 of 50 |
| Mississippi | $18,658 | 38 of 50 |
| Oklahoma | $18,647 | 39 of 50 |
| New Mexico | $18,599 | 40 of 50 |
| Massachusetts | $18,592 | 41 of 50 |
| Idaho | $18,192 | 42 of 50 |
| Maryland | $17,714 | 43 of 50 |
| South Carolina | $17,626 | 44 of 50 |
| Louisiana | $17,177 | 45 of 50 |
| Rhode Island | $16,827 | 46 of 50 |
| Ohio | $16,481 | 47 of 50 |
| District of Columbia | $15,321 | 48 of 50 |
| North Carolina | $13,886 | 49 of 50 |
| Arkansas | $13,685 | 50 of 50 |
| Texas | not reported | — |
NAIC Auto Insurance Database Report (paid bodily injury liability claims). National average $28,919.
Is $50,000 a good settlement for a car accident?
Measured against our data, it is a large payment: only 8.1% of the 60,783 paid claims reached $50,000 or more. Whether it is good for you depends on your medical costs, lost pay and how long the injury affects you.
Compare the offer with your own losses first: medical care you received and are reasonably certain to need, the income you lost, and the effect on your daily life. An amount that is high on average can still be low for a serious injury.
Insurance limits matter too. The minimum bodily injury coverage in Arizona is $25,000 per person and $50,000 per accident. In California it is $30,000 per person for policies issued or renewed on or after January 1, 2025. If the other driver carries only the minimum, an offer at the limit may be all that policy pays; your own underinsured motorist coverage may add to it.
What you keep is less than the headline number after fees and repayments. The lawyer-fee question further down shows what comes off.
How many of 60,783 payouts reached each amount
| Payout of at least | Share of payouts | What you keep |
|---|---|---|
| $20,000 | 16.2% (9,837) | After fees on $20,000 |
| $25,000 | 13.6% (8,258) | After fees on $25,000 |
| $30,000 | 11.6% (7,043) | After fees on $30,000 |
| $50,000 | 8.1% (4,929) | After fees on $50,000 |
| $60,000 | 7.0% (4,230) | After fees on $60,000 |
| $100,000 | 4.9% (3,002) | After fees on $100,000 |
| $150,000 | 3.7% (2,242) | After fees on $150,000 |
| $200,000 | 2.9% (1,778) | After fees on $200,000 |
| $250,000 | 2.5% (1,547) | After fees on $250,000 |
| $300,000 | 2.2% (1,341) | After fees on $300,000 |
| $500,000 | 1.6% (946) | After fees on $500,000 |
U.S. Treasury Judgment Fund, New York City Comptroller and City of Chicago records.
What increases a car accident settlement?
Larger losses that you can prove raise it: medical costs, lost earnings, and lasting pain or limits on daily life. Your own share of fault lowers it, and the other driver's policy limit can cap what insurance pays.
- Medical expenses. The reasonable cost of reasonably necessary care you received, plus care you are reasonably certain to need.
- Lost earnings. Income lost so far and income you are reasonably certain to lose because of the injury.
- Noneconomic harm. Pain, mental suffering, loss of enjoyment of life, disfigurement and physical impairment.
- Fault. In California, damages are reduced by your own percentage of responsibility. Other states use different rules; see comparative negligence by state.
- Coverage. The other driver's policy limit, and your own uninsured or underinsured motorist coverage.
These items come from California's civil jury instructions, and each one has to be proven. Bills, medical records and pay records are the evidence. The Colossus records point the same way: adjusters combined the software's range with reasonable and necessary medical expenses and other special damages.
Do injections increase your settlement?
An injection adds to the medical expenses in your claim only if it was reasonably necessary care. We found no public rule or data showing that injections raise a settlement by a set amount or percentage.
California's jury instruction measures medical expenses as the reasonable cost of reasonably necessary medical care. Care your doctor orders for your crash injury shows up in your bills and records, and those records are part of the evidence an insurer or jury weighs.
The same standard works the other way. Care that was not reasonably necessary does not count, and an insurer can dispute it. Choose treatment with your doctor for your health, not for the claim.
Online claims that a steroid or epidural injection adds a fixed sum are not backed by any public source we could find.
Do you get more if you sue?
Lawsuit payments are higher in our data, partly because serious cases are the ones that get sued. Federal claims paid without a lawsuit had a median of $5,608; settlements after a lawsuit, $37,000; court judgments, $55,000.
The gap is not proof that suing adds money. A claim with large medical bills is more likely to end up in court, so the lawsuit group starts out with bigger losses. The court-judgment figure rests on only 62 cases.
For a crash caused by a federal employee on duty, you must file the claim with the agency first. You can sue only after a written denial, or after six months without a final decision.
Most lawsuits still end in a settlement. Of 58,380 car accident injury lawsuits that ended in federal court, 53.6% were recorded as settled, and up to 69.5% if voluntary dismissals are counted. Only about one in 71 ended with a judgment after trial. The median case took 10.1 months.
Suing also changes the fee. On a Federal Tort Claims Act claim, a lawyer may charge up to 20% of a settlement without a lawsuit, but up to 25% of a settlement or judgment after one.
How much will I get after lawyer fees?
You get the settlement minus the lawyer's percentage, case costs, and any medical bills or liens that must be repaid from it. Your fee agreement sets the percentage; on claims against the federal government, the law caps it at 20% or 25%.
In California, a contingency fee contract must be in writing, state the fee rate, explain how case costs affect the fee and your recovery, and say that the fee is not set by law but negotiable.
If Medicare paid any of your crash-related bills, those payments are conditional. They must be repaid to Medicare when a settlement is made.
Money for a physical injury is generally not taxable. Federal law excludes damages received on account of personal physical injuries from income, except punitive damages. The IRS adds one exception: medical expenses you deducted in earlier years. Details: are personal injury settlements taxable?
How much do insurance companies pay on average for bodily injury?
The NAIC's average bodily injury liability claim was $28,919 in 2022. Industry data from ISO, published by the Insurance Information Institute, puts the 2024 average at $28,278.
Read the fine print on the ISO figure. It covers paid claims for all limits combined, it includes loss adjustment expenses, and it leaves out Massachusetts and most no-fault states.
Injury claims are rare per policy: in 2024, 0.80 percent of people with liability insurance had a bodily injury liability claim. Averages like these are pulled up by a few large claims. In our own data, the average payment ($38,616) is far above the median ($5,000).
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Sources
- Insurance Information Institute: Facts + Statistics: Auto insurance
- NAIC 2022/2023 Auto Insurance Database Report
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition
- Truong v. Allstate Insurance Co. (New Mexico Court of Appeals)
- New York Insurance Law § 5104
- Colorado HB24-1472
- A.R.S. § 28-4009
- Cal. Veh. Code § 16056
- 28 U.S.C. § 2678
- 28 U.S.C. § 2675
- California Business and Professions Code § 6147
- 26 U.S.C. § 104
- IRS Publication 4345
- CMS: Medicare's Recovery Process
- Bureau of the Fiscal Service: About the Judgment Fund
- New York City Comptroller: Claims dashboard
- Settlement Insight analysis of 60,783 paid car accident claims (U.S. Treasury Judgment Fund, New York City Comptroller and City of Chicago records), 2009–2026.
About This Information
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated - $236 billion in real payouts analyzed · See what we found
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