Guide · Settlements · All states

Average car accident settlement: what the data shows

Updated October 9, 2026By Spencer, editorEvery fact cites a source

Insurers paid an average of $28,278 per auto injury liability claim in 2024, and $6,770 per car damage claim. Most settlements are private, so the honest answer for any one claim is a range: what's typical, what firms have posted, and what the other driver's insurance can pay. Checked October 9, 2026.

Sources: Insurance Information Institute, Facts + Statistics: Auto insurance

Settlement benchmark by injury

Three numbers frame most claims: what's typical, what the other driver's insurance must at least carry, and what firms have posted. None of them is a value for your claim.

Typical$28,278

National average paid per auto injury liability claim, 2024, all injuries mixed. Includes claim-handling costs. Leaves out most no-fault states.

Source: Insurance Information Institute, Facts + Statistics: Auto insurance

Ceiling$35,000

New Jersey's minimum injury coverage per person, on standard policies issued or renewed from January 1, 2026. A policy pays up to its limit, so this can be the most the other driver's insurer pays.

Source: P.L.2022, c.87 (N.J.S.A. 39:6A-3); N.J.S.A. 39:6A-3.1

PostedMedian $600k

Results the firms we rank posted on their own sites. Firms post their wins, so these run high. Expect most claims to settle lower.

Source: firm websites, checked October 9, 2026

InjuryPosted results, log scaleNew Jersey

All car accident injuriesEvery posted resultMedian $600k · $200k to $2.8M · 11 posted results from 3 firms

Back and neckSoft tissue, whiplash, back or neck injuriesNot enough posted results yet: 6 results from 1 firm so far. A range shows at 5 results from 3 firms.NJ With the lawsuit limit most New Jersey policies carry, pain and suffering needs a permanent injury or another listed injury.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

Herniated discNeck or backNot enough posted results yet. A range shows at 5 results from 3 firms.NJ Same limit. Whether the injury is permanent decides most of these claims.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

Broken boneFractureNot enough posted results yet. A range shows at 5 results from 3 firms.NJ A displaced fracture is one of the injuries that pass the lawsuit limit.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

Needed surgeryAny surgery from the crashNot enough posted results yet. A range shows at 5 results from 3 firms.NJ Surgery isn't one of the listed injuries itself. The question is still whether the injury is permanent.Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

Child passengerAny injury, under eighteenNot enough posted results yet. A range shows at 5 results from 3 firms.NJ A judge must approve the settlement. The lawyer's fee is capped at 25% if it settles before a jury is chosen.Source: R. 4:44-3; R. 1:21-7(c)(6)

No injuryCar damage onlyFirms don't post damage-only results. The national average car damage claim paid was $6,770 in 2024.NJ The lawsuit limit doesn't apply to car damage. New Jersey's minimum damage coverage is $25,000.Source: Insurance Information Institute, Facts + Statistics: Auto insurance; P.L.2022, c.87 (N.J.S.A. 39:6A-3); N.J.S.A. 39:6A-3.1

What moves the number

Six things decide most car accident settlements. New Jersey rules are marked.

Your medical treatment

The biggest driver. Nationally, insurers paid about $2.30 in total for every $1.00 of medical bills by mid-2022, up from $1.80 in mid-2017. An average, not a formula.

Source: Insurance Research Council, Auto Injury Insurance Claims: A Study of Increasing Claim Severity (July 2026)

NJThe other driver's policy limit

A policy pays up to its limit. New Jersey's minimum is $35,000 per person and $70,000 per crash for injuries.

Source: P.L.2022, c.87 (N.J.S.A. 39:6A-3); N.J.S.A. 39:6A-3.1

NJWho caused the crash

Your recovery drops by your share of the fault. Above 50%, you recover nothing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

NJYour lawsuit option

Unless a driver chose otherwise in writing, the policy limits pain and suffering claims to 6 kinds of serious injury.

Source: N.J.S.A. 39:6A-8(a); N.J.S.A. 39:6A-2(i); N.J.S.A. 39:6A-8.1(b)

NJPIP already paid your bills

Your own PIP pays medical bills first, whoever caused the crash. In your injury lawsuit, what PIP paid or could pay can't be used as evidence.

Source: N.J.S.A. 39:6A-4; N.J.S.A. 39:6A-8.1(a); N.J.S.A. 39:6A-12

NJPain and suffering

New Jersey jurors are told the law gives them no table, schedule or formula for it. So we don't offer a pain and suffering calculator.

Source: Model Civil Jury Charge 8.11E (revised May 2017)

The national numbers, year by year

Average paid per liability claim, including claim-handling costs.

Year	Injury claim	Car damage
2020	$20,769	$4,703
2021	$23,592	$5,036
2022	$24,681	$6,024
2023	$26,178	$6,554
2024	$28,278	$6,770

Injury figures leave out Massachusetts and most no-fault states. Damage figures leave out Massachusetts, Michigan and New Jersey.Source: Insurance Information Institute, Facts + Statistics: Auto insurance

Do you get more with a lawyer?

The newest large study, of more than 7.4 million claims closed from mid-2017 to mid-2022, found people with a lawyer waited a median of nearly 440 days to close, more than twice as long. Per dollar of medical bills, they kept $1.40 after medical costs and legal fees, versus $1.80 without one. The Insurance Research Council is supported by insurers, and an average can't tell you how your claim would go.

Source: Insurance Research Council, Auto Injury Insurance Claims: A Study of Increasing Claim Severity (July 2026)

Already have an offer?

What would you take home?

Estimate what a client keeps from a settlement after New Jersey's capped contingency fee and case costs.

Open the take-home calculator

Settlement: $25,000
Case costs: −$1,500
Max fee, 33⅓% of $23,500: −$7,833
Estimated take-home: $15,667

Estimate only, before medical liens. Fee cap from New Jersey Court Rule 1:21-7. Firms may charge less.

Sources

Insurance Information Institute, Facts + Statistics: Auto insuranceAverage paid per liability claim, nationally, from insurer data. Checked October 9, 2026.
P.L.2022, c.87 (N.J.S.A. 39:6A-3)New Jersey Legislature, P.L.2022, c.87, approved August 5, 2022. Checked October 7, 2026.
N.J.S.A. 39:6A-3.1Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
N.J.S.A. 39:6A-8(a)Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
N.J.S.A. 39:6A-2(i)Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
N.J.S.A. 39:6A-8.1(b)Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
R. 4:44-3New Jersey Court Rules, via Court Rules Network. Checked October 7, 2026.
R. 1:21-7(c)(6)New Jersey Court Rules, via Court Rules Network. Checked October 7, 2026.
Insurance Research Council, Auto Injury Insurance Claims: A Study of Increasing Claim Severity (July 2026)Claims closed from mid-2017 to mid-2022: payments, medical bills, lawyers and time to close. Checked October 9, 2026.
N.J.S.A. 2A:15-5.1Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
N.J.S.A. 2A:15-5.2Justia, 2025 New Jersey Revised Statutes. Checked October 9, 2026.
N.J.S.A. 39:6A-4Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
N.J.S.A. 39:6A-8.1(a)Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
N.J.S.A. 39:6A-12Justia, 2025 New Jersey Revised Statutes. Checked October 7, 2026.
Model Civil Jury Charge 8.11E (revised May 2017)New Jersey Courts, Model Civil Jury Charges. Checked October 7, 2026.

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

Questions people ask

What is the average car accident settlement?

Nationally, insurers paid an average of $28,278 per auto injury liability claim in 2024, including claim-handling costs. That mixes every injury, from minor to severe, and leaves out most no-fault states like New Jersey.

What is the average settlement for a back and neck injury from a car accident?

No public source reports one we can check. Firms post their wins, which run high. In New Jersey, most policies limit pain and suffering claims to serious injuries, so whether a back or neck injury is permanent matters most.

What is the average settlement for a car accident with no injury?

The national average car damage claim was $6,770 in 2024. New Jersey's minimum damage coverage is $25,000.

How long does a car accident settlement take?

In the newest large study, people with a lawyer waited a median of nearly 440 days for their claim to close, more than twice as long as people without one.

Is there a pain and suffering calculator?

Not a real one. New Jersey jurors are told the law gives them no table, schedule or formula for pain and suffering. The amount is left to their judgment.