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Estimated settlement range
$66,750 – $111,250
Typical: $89,000
Est. take-home after a typical 33% attorney fee: $59,630
Optional · No fee unless you win · 100% confidential
Quick answer
The calculator estimates your settlement with the standard multiplier method, but where your crash happened changes the number. Four state rules matter most: the fault rule (comparative vs. contributory negligence) sets how much your own fault reduces or bars recovery; no-fault/PIP states route your medical bills through your own policy and limit lawsuits; the statute of limitations (1–6 years) is the hard deadline to file; and the at-fault driver's minimum insurance limits often cap the payout. Use the 50-state table below to find your state, then verify the details with your state DOI.
Verify before you rely on this. State laws — fault rules, statutes of limitations, PIP requirements, and minimum insurance limits — change frequently through legislation and court decisions, and special deadlines apply to claims against government entities or minors. The data below is compiled for 2025–2026 and is educational only. Confirm your state's current rules with your state Department of Insurance or state bar, or a licensed attorney, before making any decision about your claim.
How your state's rules change your settlement
The core valuation math is the same everywhere — your economic damages (medical bills, lost wages, property damage) plus pain and suffering, usually estimated by multiplying your damages by a severity factor of roughly 1.5x to 5x. You can run that calculation on our claim valuation guide. But four state-specific rules then push your real recovery up or down.
1. The fault (negligence) rule
Decides how your own share of fault is treated. Pure comparative reduces your award by your fault percentage; modified comparative bars you at 50% or 51%; contributory negligence can bar you for being even 1% at fault.
2. No-fault / PIP
In no-fault states your own Personal Injury Protection pays your medical bills first, and you can only sue for pain and suffering once your injuries clear a tort threshold. This limits — but does not eliminate — third-party claims.
3. Statute of limitations
The deadline to file suit, ranging from 1 to 6 years. Miss it and your leverage collapses to zero — the insurer knows you can no longer sue, so they have little reason to offer fair value.
4. Minimum insurance limits
The at-fault driver's bodily-injury limit often caps your recovery. In low-minimum states a serious injury can blow past the policy quickly, forcing you onto your own underinsured motorist coverage.
50-state + DC settlement law reference table
Statute of limitations, negligence rule, no-fault status, minimum bodily-injury limits, and the total-loss rule for every US state and the District of Columbia. Scroll horizontally on mobile.
| State | SOL | Negligence rule | No-fault? | Min. BI limits | Total-loss rule |
|---|---|---|---|---|---|
| Alabama | 2 yrs | Contributory | No | $25k/$50k | 75% |
| Alaska | 2 yrs | Pure comparative | No | $50k/$100k | Total Loss Formula |
| Arizona | 2 yrs | Pure comparative | No | $25k/$50k | Total Loss Formula |
| Arkansas | 3 yrs | Modified 50% | No | $25k/$50k | 70% |
| California | 2 yrs | Pure comparative | No | $30k/$60k | Total Loss Formula |
| Colorado | 3 yrs | Modified 50% | No | $25k/$50k | 100% |
| Connecticut | 2 yrs | Modified 51% | No | $25k/$50k | Total Loss Formula |
| Delaware | 2 yrs | Modified 51% | No | $25k/$50k | Total Loss Formula |
| District of Columbia | 3 yrs | Contributory | No | $25k/$50k | 75% |
| Florida | 2 yrs | Modified 51% | Yes | $10k PIP | 80% |
| Georgia | 2 yrs | Modified 50% | No | $25k/$50k | Total Loss Formula |
| Hawaii | 2 yrs | Modified 51% | Yes | $20k/$40k | Total Loss Formula |
| Idaho | 2 yrs | Modified 50% | No | $25k/$50k | Total Loss Formula |
| Illinois | 2 yrs | Modified 51% | No | $25k/$50k | Total Loss Formula |
| Indiana | 2 yrs | Modified 51% | No | $25k/$50k | 70% |
| Iowa | 2 yrs | Modified 51% | No | $20k/$40k | 70% |
| Kansas | 2 yrs | Modified 50% | Yes | $25k/$50k | 75% |
| Kentucky | 1 yrs | Pure comparative | Yes | $25k/$50k | 75% |
| Louisiana | 2 yrs | Pure comparative | No | $15k/$30k | 75% |
| Maine | 6 yrs | Modified 50% | No | $50k/$100k | Total Loss Formula |
| Maryland | 3 yrs | Contributory | No | $30k/$60k | 75% |
| Massachusetts | 3 yrs | Modified 51% | Yes | $25k/$50k | Total Loss Formula |
| Michigan | 3 yrs | Modified 51% | Yes | $50k/$100k | 75% |
| Minnesota | 6 yrs | Modified 51% | Yes | $30k/$60k | 80% |
| Mississippi | 3 yrs | Pure comparative | No | $25k/$50k | Total Loss Formula |
| Missouri | 5 yrs | Pure comparative | No | $25k/$50k | 80% |
| Montana | 3 yrs | Modified 51% | No | $25k/$50k | Total Loss Formula |
| Nebraska | 4 yrs | Modified 50% | No | $25k/$50k | 75% |
| Nevada | 2 yrs | Modified 51% | No | $25k/$50k | 65% |
| New Hampshire | 3 yrs | Modified 51% | No | $25k/$50k | 75% |
| New Jersey | 2 yrs | Modified 51% | Yes | $35k/$70k | Total Loss Formula |
| New Mexico | 3 yrs | Pure comparative | No | $25k/$50k | Total Loss Formula |
| New York | 3 yrs | Pure comparative | Yes | $25k/$50k | 75% |
| North Carolina | 3 yrs | Contributory | No | $50k/$100k | 75% |
| North Dakota | 6 yrs | Modified 50% | Yes | $25k/$50k | 75% |
| Ohio | 2 yrs | Modified 51% | No | $25k/$50k | Total Loss Formula |
| Oklahoma | 2 yrs | Modified 51% | No | $25k/$50k | 60% |
| Oregon | 2 yrs | Modified 51% | No | $25k/$50k | 80% |
| Pennsylvania | 2 yrs | Modified 51% | Yes | $15k/$30k | Total Loss Formula |
| Rhode Island | 3 yrs | Pure comparative | No | $25k/$50k | 75% |
| South Carolina | 3 yrs | Modified 51% | No | $25k/$50k | 75% |
| South Dakota | 3 yrs | Modified 50% | No | $25k/$50k | Total Loss Formula |
| Tennessee | 1 yrs | Modified 50% | No | $25k/$50k | 75% |
| Texas | 2 yrs | Modified 51% | No | $30k/$60k | 100% |
| Utah | 4 yrs | Modified 50% | Yes | $30k/$65k | Total Loss Formula |
| Vermont | 3 yrs | Modified 51% | No | $25k/$50k | Total Loss Formula |
| Virginia | 2 yrs | Contributory | No | $50k/$100k | 75% |
| Washington | 3 yrs | Pure comparative | No | $25k/$50k | Total Loss Formula |
| West Virginia | 2 yrs | Modified 51% | No | $25k/$50k | 75% |
| Wisconsin | 3 yrs | Modified 51% | No | $25k/$50k | 70% |
| Wyoming | 4 yrs | Modified 51% | No | $25k/$50k | 75% |
"SOL" is the personal-injury statute of limitations in years. "Min. BI limits" is the state-minimum bodily-injury liability (per person / per accident). The total-loss rule is the damage threshold at which a car is declared a total loss — see how that affects a vehicle payout on our totaled car value calculator. Verify the current figures with your state DOI before relying on them.
Comparative vs. contributory negligence, explained
Almost every state reduces your settlement by your own share of fault, but they do it under different rules. The four systems, from most forgiving to harshest:
- Pure comparative: You recover your damages minus your fault percentage, even if you were 90% at fault. The most claimant-friendly system.
- Modified (50% bar): Same reduction, but you recover nothing if you are 50% or more at fault.
- Modified (51% bar): The most common rule — you recover nothing once your fault reaches 51%. At exactly 50% you can still recover.
- Contributory (any fault bars recovery): The harshest rule. If you are found even 1% at fault, you can be barred from recovering anything at all.
Pure contributory negligence jurisdictions
Only a few jurisdictions still apply the strict 1%-bar rule: Alabama, District of Columbia, Maryland, North Carolina, Virginia. If your crash happened in one of these, expect the insurer to argue aggressively that you share some blame — documentation and witness statements are critical, because a tiny percentage of fault can defeat the entire claim.
No-fault / PIP states, explained
In a no-fault state, your own Personal Injury Protection (PIP) pays your medical bills and a share of lost wages first — regardless of who caused the crash — up to your PIP limit. In exchange, your right to sue the other driver for pain and suffering is restricted: you can only step outside the no-fault system once your injuries clear a tort threshold, such as a permanent injury, significant disfigurement, or a set dollar amount of medical bills.
No-fault / PIP states (2026)
Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah.Several of these — including Kentucky, New Jersey, and Pennsylvania — are "choice" no-fault states, where you elect either a limited-tort (lower premium, restricted lawsuit rights) or full-tort option when you buy your policy.
Every other state is a traditional at-fault (tort) state: the driver who caused the crash — through their liability insurer — pays for your damages, and you can sue for pain and suffering without clearing a threshold. A few non-no-fault states (such as Delaware and Oregon) still require add-on PIP/MedPay, which can confuse the picture, so always check whether your state truly restricts lawsuits.
Statute of limitations, explained
The statute of limitations is the hard deadline to file a personal-injury lawsuit after a crash. Across the country it runs from 1 year to 6 years, with most states landing at 2 or 3 years. Miss the deadline and you almost always lose the right to sue — and with it, nearly all your negotiating leverage, because the insurer knows you can no longer take them to court.
The extremes are worth knowing. A small group of states give you only 1 year (such as Kentucky and Tennessee), which is a dangerously short window if you are still treating injuries. At the other end, states like Maine, Minnesota, and North Dakota allow up to 6 years. Some clocks run differently — Florida cut its general negligence deadline to 2 years in 2023, and Louisiana extended its window from 1 to 2 years in 2024 — and special, shorter deadlines apply to claims against government vehicles or on behalf of minors.
Methodology & data sources
Your state's negligence rule and the at-fault driver's policy limits can change the real payout dramatically — pure comparative reduces, contributory can bar entirely, and a low minimum limit can cap recovery. Laws change frequently; treat every figure as an educational range and verify with your state DOI.
Sources
- National Highway Traffic Safety Administration (NHTSA) — Crash statistics and the economic cost of motor vehicle crashes.
- Insurance Information Institute (Triple-I) — Auto insurance claim frequency, severity and average payout data.
- Insurance Research Council (IRC) — Bodily-injury and auto-injury settlement benchmarks.
- Internal Revenue Service (IRS) — Taxability of personal-injury settlements (IRC §104).
- National Association of Insurance Commissioners (NAIC) — State insurance regulation and consumer guidance.
Figures are presented as low / typical / high ranges, not guarantees. Your actual result depends on liability, documentation, policy limits, and the laws of your state. This is an educational estimate, not legal or financial advice.
Frequently asked questions
Yes, significantly. Your state sets the fault rule that can reduce or even bar your recovery, decides whether you sue at all (no-fault/PIP states limit lawsuits), fixes the statute of limitations deadline, and sets the minimum insurance limits that often cap the at-fault driver's payout. Two identical crashes can settle very differently across state lines.
Most states give you 2 to 3 years from the crash date to file a personal-injury lawsuit, but the range runs from 1 year (Kentucky, Tennessee) to 6 years (Maine, Minnesota, North Dakota). Miss the deadline and you usually lose the right to sue entirely. Confirm your exact deadline with your state's bar or an attorney before relying on any chart.
The classic no-fault/PIP states are Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, Utah. In these states your own Personal Injury Protection pays your medical bills first regardless of who caused the crash, and you can only sue the other driver for pain and suffering if your injuries clear a verbal or monetary threshold. Several of these are "choice" no-fault, letting you pick limited or full tort.
Under comparative negligence your settlement is reduced by your percentage of fault (pure lets you recover even at 99% fault; modified bars you at 50% or 51%). Under contributory negligence, being even 1% at fault can bar your recovery entirely. The handful of contributory states are the harshest for injured drivers.
Only a few jurisdictions follow strict pure contributory negligence: Alabama, District of Columbia, Maryland, North Carolina, Virginia. In these states the at-fault driver's insurer fights hard to pin any sliver of fault on you, because even 1% can defeat your entire claim. Strong evidence of liability matters more here than anywhere else.
Often, yes. If the at-fault driver carries only the state minimum (frequently $25,000 per person) and your damages are higher, their policy can run out before you are made whole. You may then turn to your own underinsured motorist coverage, MedPay, or PIP. This is why low-minimum states produce more underinsured claims.
In a no-fault state your PIP pays your medical bills and a portion of lost wages first, up to your limit, no matter who was at fault. You can only step outside the no-fault system and pursue pain and suffering from the other driver if your injuries meet the state's tort threshold (a permanent injury, disfigurement, or a set dollar amount of bills).
Treat it as an educational starting range, not a quote. The estimator applies the multiplier method, and the table shows each state's key rules, but it cannot account for your medical prognosis, evidence, venue, or recent law changes. State laws change frequently, so verify every figure with your state Department of Insurance or a licensed attorney.