Car Accident Settlement Calculator

Medical bills, lost wages and your injury in. A settlement range, your state's fault rule and what you take home after fees out.

1Your losses

2Pain and suffering

3Fault

4What comes out

Attorney fee

How car accident settlements are calculated

An injury claim adds up two kinds of damages. Economic damages are losses with a receipt: medical bills, future medical care, lost wages and lost earning capacity, car repairs and other out-of-pocket costs. Non-economic damages cover pain, suffering, emotional distress, inconvenience and loss of enjoyment of life. Insurance adjusters put a number on the second part with one of two methods, and the calculator shows both.

The multiplier method

The adjuster multiplies your medical expenses by a number from 1.5 to 5 to value pain and suffering, then adds lost income and property damage on top. Multipliers of 1.5 to 3 are the most common. A higher multiplier is justified when the other driver was clearly at fault, the injuries are confirmed by doctors rather than only by you, treatment involved fractures or surgery, recovery took six months or more, or there are lasting effects. Only rare, catastrophic cases go above 5.

Example: $15,000 in medical bills with a moderate injury at 3× gives $45,000 for pain and suffering. Add the $15,000 in medical bills, $3,000 in lost wages and $4,000 in car repairs, and the claim is worth about $67,000 before any fault reduction or fees. That is the default example above.

The per diem method

Per diem means "per day". It assigns a daily amount for each day you lived with the injury, often your daily earnings. Someone earning $45,000 a year makes about $180 per working day (over 250 days); 150 days of recovery × $180 = $27,000 for pain and suffering. It works poorly for permanent injuries or when income is unusually low or high, which is why it is best used as a second opinion next to the multiplier. Courts in some states do not let lawyers argue a per diem figure to a jury.

How your share of fault changes the settlement

If you were partly to blame, your state's negligence rule decides how much you lose. A jury or adjuster assigns each side a percentage, and:

RuleWhat happensStates
Pure comparative faultYour award drops by your percentage, even at 90%Alaska, Arizona, California, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, Washington
Modified, 51% barReduced by your share; barred if you are more than 50% at faultConnecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Vermont, West Virginia, Wisconsin, Wyoming
Modified, 50% barReduced by your share; barred at 50% or moreArkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Tennessee, Utah
Contributory negligenceAny fault at all bars recoveryAlabama, District of Columbia, Maryland, North Carolina, Virginia
Michigan hybridAbove 50% fault, economic damages are reduced and pain and suffering is barredMichigan
Slight / gross negligenceRecovery only if your negligence was slight compared with the other side'sSouth Dakota

Florida moved from pure comparative fault to the 51% bar in March 2023. In the District of Columbia, pedestrians and cyclists get a 51% bar instead of contributory negligence. Some sources count the states slightly differently, so confirm your state's rule with a local attorney.

Policy limits: the ceiling on most settlements

An insurer pays only up to the at-fault driver's bodily injury liability limit. Many states require just $25,000 per person and $50,000 per accident (written 25/50/25); California's minimum rose to 30/60/15 in 2025 and Texas requires 30/60/25. A judgment above the limit is often uncollectible unless the driver has assets or an umbrella policy. If your losses exceed the limit, your own underinsured motorist coverage may pay the difference. About 15% of drivers had no insurance in 2023, and one in three were uninsured or underinsured, according to the Insurance Research Council.

What comes out of your settlement

  • Attorney fees. Personal injury lawyers usually work on contingency, typically one-third of the recovery, rising to about 40% if the case goes to litigation. The fee agreement must be in writing. Some states cap or schedule fees.
  • Case costs such as medical records, expert reports and filing fees, deducted before or after the fee depending on your agreement.
  • Medical liens. Health insurers, Medicare and Medicaid that paid your bills usually have to be repaid from the settlement. Medicare reduces its claim by a proportional share of attorney fees and costs.

The insured amount for a crash is often far below what a calculator shows. For context, the average auto bodily injury liability claim paid by insurers was $28,278 in 2024, according to Insurance Information Institute data.

Deadlines to file

Every state has a statute of limitations for injury lawsuits, from 1 to 6 years. California, Texas and Florida allow 2 years (Florida shortened its limit from 4 years for accidents after March 24, 2023), New York 3 years, and Louisiana moved from 1 to 2 years in July 2024. Tennessee allows only 1 year. Insurance claims usually have shorter notice requirements, so report the crash promptly.

Caps on pain and suffering

A few states cap non-economic damages in ordinary injury cases, including Alaska, Colorado, Idaho, Maryland, Mississippi, Ohio, Oklahoma and Tennessee. Most caps you hear about apply only to medical malpractice. In no-fault states you can sue for pain and suffering only after a serious injury (New York, New Jersey, Pennsylvania, Michigan and Florida) or once medical costs pass a dollar threshold (for example Hawaii, Kansas, Massachusetts and Minnesota).

Is a personal injury settlement taxable?

Under IRS rules, compensation for physical injuries or physical sickness is generally not taxable income, including the pain and suffering part. Interest, punitive damages, and emotional distress awards not tied to a physical injury are taxable, as are amounts for medical expenses you already deducted in an earlier year.

Slip and fall and workers' compensation claims

A slip and fall claim uses the same damages math, but you also have to show the property owner knew or should have known about the hazard and failed to fix it or warn you. Workers' compensation is different: there is no pain and suffering award, and wage benefits follow a formula, often two-thirds of your average weekly wage, so this calculator does not apply.

Sources

Frequently asked questions

How much is my car accident claim worth?

Add your economic losses (medical bills, lost wages, repairs) and a pain and suffering amount, usually medical bills times 1.5 to 5. Then reduce it by your share of fault under your state's rule and cap it at the other driver's policy limit.

What multiplier should I use for pain and suffering?

Most claims settle with a multiplier of 1.5 to 3. Use 4 or 5 only for serious injuries such as fractures, surgery or permanent effects, especially when the other driver was clearly at fault.

How much do lawyers take from a settlement?

Usually one-third of the recovery, and up to about 40% if the case goes to litigation. Case costs and medical liens are paid from the settlement as well.

Is a car accident settlement taxable?

Compensation for physical injuries, including pain and suffering, is generally not taxable. Interest and punitive damages are taxable.

What if my damages are higher than the other driver's insurance?

The insurer usually pays only up to the policy limit. Your own underinsured motorist coverage may cover the gap, and a lawyer can check for other liable parties or assets.

How long do I have to file a claim?

It depends on the state: from 1 year (Tennessee) to 6 years (Maine, North Dakota) for most injury lawsuits, and 2 years in many states including California, Texas and Florida.