How the estimate works
Insurance adjusters and lawyers value an injury claim in the same order the calculator does:
- Economic damages: medical bills, future treatment, lost wages and other costs you can document.
- Pain and suffering: a value for the noneconomic harm, commonly the medical bills times a multiplier.
- Fault: the total is cut by your share of fault, or wiped out, under your state's rule.
- Insurance limits: the at-fault driver's bodily injury limit usually caps what you actually collect.
- What you keep: the attorney fee, case costs and any liens to health insurers or Medicare come off the top.
Economic damages
These are the losses with a receipt: emergency care, doctor and therapy bills, prescriptions, future treatment your doctor expects, wages and earning capacity you lost, and costs such as travel to appointments or paid help at home. Use the full billed amounts for now; the liens guide explains what happens to bills your health insurer already paid.
Pain and suffering
Noneconomic damages cover pain, emotional distress, loss of enjoyment of life and inconvenience. There is no formula in law: juries are told to award what is reasonable in light of the evidence. In negotiations, adjusters usually start from the medical bills times a multiplier:
| Injury | Typical multiplier |
|---|---|
| Minor: soft tissue, healed within weeks | 1.5 to 2 |
| Moderate: months of treatment, full recovery | 2 to 3 |
| Serious: fracture, surgery or long recovery | 3 to 4 |
| Severe: permanent injury or disability | 4 to 5 |
The pain and suffering calculator compares this with the per diem method, which charges a daily rate for every day until recovery.
Your share of fault
If you were partly to blame, every state cuts your damages, but the cutoff differs:
| Rule | What happens | States |
|---|---|---|
| Pure comparative negligence | Your damages are reduced by your percentage of fault, and you can recover something even if you were mostly to blame. | 9 |
| Modified comparative negligence, 51% bar | Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half. | 26 |
| Modified comparative negligence, 50% bar | Your damages are reduced by your percentage of fault, and you recover nothing if you were at least as much at fault as the other side (50% or more). | 10 |
| Contributory negligence | If you were even slightly at fault, you can be barred from recovering anything, subject to narrow exceptions such as last clear chance. | 5 |
| Slight/gross negligence comparison | You recover only if your negligence was slight and the other side's was gross by comparison, and your damages are reduced for your share. | 1 |
See every state in our comparative negligence by state table.
No-fault states
In 13 states your own personal injury protection (PIP) pays your medical bills and lost wages first, whoever caused the crash: District of Columbia, Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah. You can usually claim pain and suffering from the other driver only if the injury passes the state's threshold, such as a serious injury or medical bills above a set amount. Choose one of these states in the calculator to see its threshold. Details are in our no-fault states guide.
Policy limits
The at-fault driver's bodily injury liability limit is usually the most an insurer will pay one injured person, whatever the claim is worth. Many drivers carry only their state minimum, which is as low as $15,000 per person in some states. When the claim is larger, your own underinsured motorist coverage can pay the difference. Compare limits in our minimum car insurance by state table.
Fees and liens
Personal injury lawyers usually work on contingency, commonly one-third of the recovery, sometimes 40% if the case goes to trial, plus case costs. Health insurers, Medicare and Medicaid that paid your accident bills usually have a right to be repaid from the settlement. The attorney fee calculator breaks this down.
Worked example
A driver in a 51% bar state has $18,000 in medical bills, $6,000 in lost wages and $1,000 in other costs after a crash that left a fractured wrist. A jury might find them 20% at fault. The other driver carries $50,000 in bodily injury coverage.
- Economic damages: $18,000 + $6,000 + $1,000 = $25,000
- Pain and suffering at a multiplier of 3: $18,000 × 3 = $54,000
- Claim value: $79,000. After 20% fault: $63,200
- Capped at the $50,000 policy limit: $50,000. The other $13,200 would need underinsured motorist coverage.
- One-third fee $16,667, costs $1,500, health insurer lien $4,000: $27,834 to the driver.
Rules by state
Each state page applies that state's rules to the calculator and lists its deadlines and insurance minimums with the statutes.
| State | Fault rule | System |
|---|---|---|
| Alabama | Contributory | At-fault |
| Alaska | Pure comparative | At-fault |
| Arizona | Pure comparative | At-fault |
| Arkansas | Modified (50% bar) | At-fault |
| California | Pure comparative | At-fault |
| Colorado | Modified (50% bar) | At-fault |
| Connecticut | Modified (51% bar) | At-fault |
| Delaware | Modified (51% bar) | At-fault |
| District of Columbia | Contributory | Choice no-fault |
| Florida | Modified (51% bar) | No-fault |
| Georgia | Modified (50% bar) | At-fault |
| Hawaii | Modified (51% bar) | No-fault |
| Idaho | Modified (50% bar) | At-fault |
| Illinois | Modified (51% bar) | At-fault |
| Indiana | Modified (51% bar) | At-fault |
| Iowa | Modified (51% bar) | At-fault |
| Kansas | Modified (50% bar) | No-fault |
| Kentucky | Pure comparative | Choice no-fault |
| Louisiana | Modified (51% bar) | At-fault |
| Maine | Modified (50% bar) | At-fault |
| Maryland | Contributory | At-fault |
| Massachusetts | Modified (51% bar) | No-fault |
| Michigan | Modified (51% bar) | No-fault |
| Minnesota | Modified (51% bar) | No-fault |
| Mississippi | Pure comparative | At-fault |
| Missouri | Pure comparative | At-fault |
| Montana | Modified (51% bar) | At-fault |
| Nebraska | Modified (50% bar) | At-fault |
| Nevada | Modified (51% bar) | At-fault |
| New Hampshire | Modified (51% bar) | At-fault |
| New Jersey | Modified (51% bar) | Choice no-fault |
| New Mexico | Pure comparative | At-fault |
| New York | Modified (51% bar) | No-fault |
| North Carolina | Contributory | At-fault |
| North Dakota | Modified (50% bar) | No-fault |
| Ohio | Modified (51% bar) | At-fault |
| Oklahoma | Modified (51% bar) | At-fault |
| Oregon | Modified (51% bar) | At-fault |
| Pennsylvania | Modified (51% bar) | Choice no-fault |
| Rhode Island | Pure comparative | At-fault |
| South Carolina | Modified (51% bar) | At-fault |
| South Dakota | Slight/gross | At-fault |
| Tennessee | Modified (50% bar) | At-fault |
| Texas | Modified (51% bar) | At-fault |
| Utah | Modified (50% bar) | No-fault |
| Vermont | Modified (51% bar) | At-fault |
| Virginia | Contributory | At-fault |
| Washington | Pure comparative | At-fault |
| West Virginia | Modified (51% bar) | At-fault |
| Wisconsin | Modified (51% bar) | At-fault |
| Wyoming | Modified (51% bar) | At-fault |
Frequently asked questions
How is a car accident settlement calculated?
Insurers add up your economic damages (medical bills, lost wages and other costs), then put a value on pain and suffering, often by multiplying the medical bills by 1.5 to 5 depending on how serious the injury is. The total is reduced by your share of fault under your state's rule and limited by the at-fault driver's insurance. Attorney fees, case costs and liens to health insurers come out of what is left.
What is the average car accident settlement?
There is no single average that fits your case, because settlements track the medical bills, the injury and the insurance limits. Industry data on bodily injury liability claims is the closest benchmark; see our average car accident settlement guide for the latest figures and what pushes a claim above or below them.
What multiplier should I use for pain and suffering?
Adjusters commonly use about 1.5 to 2 for soft tissue injuries that heal in weeks, 2 to 3 for injuries needing months of treatment, 3 to 4 for fractures or surgery, and 4 to 5 for permanent injuries. These are negotiating conventions, not law. Juries are told to award a reasonable amount with no fixed formula.
Can I get a settlement if the accident was partly my fault?
In most states, yes, reduced by your percentage of fault. 9 states use pure comparative fault, so even a driver who was 90% at fault recovers 10%. Most others bar you at 50% or 51% fault. Alabama, District of Columbia, Maryland, North Carolina, Virginia still use contributory negligence, where any fault on your part can bar recovery.
What if my damages are more than the other driver's insurance?
The at-fault driver's bodily injury limit is usually the practical ceiling. Above it, you can claim under your own underinsured motorist coverage if you have it, or try to collect from the driver personally, which rarely pays much. Many drivers carry only their state minimum.
How long do I have to file a car accident claim?
Each state sets a statute of limitations, usually 2 or 3 years for injuries, and the clock usually starts on the accident date. Claims against a government agency can require written notice within months. Check your state in our statute of limitations table.
Sources
Checked November 5, 2026.