It is one of the first questions people ask after a crash, and one of the hardest to answer honestly. Anyone who quotes a number without looking at your records, injuries and insurance is guessing. What we can explain is what drives value, so you understand how claims are assessed.
This is general information, not legal advice. We don't estimate case values or publish settlement amounts.
The main types of damages
Damages are the losses a claim seeks to recover, and they fall into two main groups.
Economic damages
Losses with a bill or a paycheck attached:
- Medical bills: ER, imaging, specialists, surgery, therapy, medication
- Future medical care your doctors expect you to need
- Lost wages, and lost earning capacity if you can't return to the same work
- Vehicle repair or replacement, and other property damage
- Out-of-pocket costs such as transport to appointments
Non-economic damages
Losses without a receipt:
- Pain and suffering
- Emotional distress, anxiety or sleep problems after the crash
- Loss of enjoyment of activities you used to do
- Impact on relationships
Some states limit non-economic damages in certain situations. In rare cases involving extreme conduct, punitive damages may also be possible.
Factors that raise or lower value
| Factor | Why it matters |
|---|---|
| Injury severity and treatment | More serious, longer-lasting injuries usually mean higher losses |
| Medical documentation | Losses that aren't documented are hard to recover |
| Gaps in treatment | Insurers may argue a gap means you weren't really hurt |
| Your share of fault | Can reduce recovery, or bar it in contributory negligence states |
| Insurance limits | Often cap what is realistically available |
| Your own coverage | PIP, MedPay or UM/UIM can add sources of recovery |
| State law | Fault rules, no-fault thresholds and damage caps vary |
| Evidence of fault | Police reports, video and witnesses strengthen a claim |
How fault changes the picture
In most states, your share of blame reduces your recovery. Under modified comparative fault, being at or above 50% or 51% at fault can bar recovery entirely, and a few places bar recovery for any fault at all. Read what is comparative fault.
No-fault states work differently
In no-fault states, your own PIP coverage pays certain losses first, regardless of fault. You may only be able to claim against the other driver if your injuries pass a threshold set by state law. Read what is a no-fault state.
Why the first offer is often low
Insurers usually make offers based on what is documented at the time, and early offers may not account for future treatment. Once you accept and sign a release, you generally can't reopen the claim. Read should you accept the first settlement offer.
How to protect your claim's value
- Get medical care promptly and follow your treatment plan.
- Keep every bill, receipt and record of missed work.
- Photograph injuries and damage over time.
- Don't give a recorded statement to the other driver's insurer before getting advice.
- Don't post about the accident or your activities on social media.
Want to know whether your case may qualify? Start a free case review. If it may, we connect you with an independent attorney in your state who can review the details.