Pedestrian accident settlement amounts in New York

If you were hit by a car in New York, one of your first questions is probably what your case is worth. There is no published 'average' pedestrian settlement for the state, and any single number quoted as one is closer to advertising than fact. What a New York claim actually pays turns on a short list of state rules: who pays your bills first, whether your injury clears a legal threshold, how much of the blame lands on you, and how much insurance money exists to collect. Two of those rules changed in 2026, so older articles are already out of date.

New York City alone recorded 6,625 reported crashes in April 2026 ¹, after 6,773 in January ². Pedestrians are a large share of the people seriously hurt in traffic, and the rules below apply to their cases.

No-fault pays your medical bills first, no matter who was at fault

New York is a no-fault state. A pedestrian struck by an insured New York vehicle is covered by that vehicle's no-fault benefits, the same first-party coverage the driver carries ³. You do not have to prove the driver was careless to receive these payments.

No-fault covers 'basic economic loss' up to $50,000 per person: reasonable medical expenses with no time limit, lost earnings of up to $2,000 a month for up to three years, and up to $25 a day for other necessary expenses for up to a year ⁴. The deadlines are short. Under Regulation 68 you have to give the insurer written notice within 30 days of the crash, submit medical bills within 45 days of treatment, and file lost-earnings proof within 90 days ⁵. Missing them can cost you the benefit.

The serious injury threshold decides whether you can sue for pain and suffering

This is the rule that shapes most New York settlements. No-fault pays your economic losses, but it also bars a lawsuit for pain and suffering unless your injury is a 'serious injury' ⁶. If you don't clear that bar, your recovery is limited to the no-fault economic benefits, with nothing for the human cost of the injury.

Insurance Law 5102(d) defines 'serious injury' in nine categories: death; dismemberment; significant disfigurement; a bone fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; and a medically determined non-permanent injury that keeps you from your usual daily activities for at least 90 of the 180 days after the crash ⁷. Pedestrian injuries often clear this bar, since fractures and lasting limitations are common when a vehicle strikes a person on foot, but the defense will contest whether yours qualifies. Whether you meet the threshold is usually the single biggest factor in what a case settles for.

Fault reduces the payout, and the math changed in 2026

For decades New York followed pure comparative negligence, so even a pedestrian who was mostly to blame could still recover a reduced amount. That changed for motor vehicle injury cases. Under CPLR 1411(b), added by the 2026 tort reform (L.2026, ch.58, Part EE) and effective in May 2026, a modified comparative rule now applies to personal injury claims from motor vehicle crashes ⁸. If your share of fault is greater than the driver's, you recover nothing. At 50% or less, your damages are cut by your own percentage of fault.

Pure comparative negligence still governs the rest under CPLR 1411(a), including motor vehicle wrongful death claims, property damage claims, and every case that doesn't involve a motor vehicle ⁸. For a pedestrian, the effect is direct. Crossing mid-block or against the signal does not automatically end your claim, but it can shrink it, and if a jury assigns you more than half the blame, the personal injury claim is now barred.

How much money is actually available to collect

A settlement can't exceed the insurance and assets behind it. New York's minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury, plus $10,000 for property damage ⁹. Plenty of drivers carry only that minimum, so a serious pedestrian injury can hit a $25,000 ceiling unless other coverage exists.

New York gives you several places to look. Every auto policy in the state has to include uninsured motorist coverage at the 25/50 minimum, and that can't be waived; supplementary uninsured/underinsured coverage, called SUM, can be added up to your own liability limit and pays when the at-fault driver's limit is too low ¹⁰. If you own a car, your own SUM coverage can matter even though you were on foot. And if you have no policy of your own and no coverage through your household, a pedestrian hit by an uninsured or hit-and-run driver can still claim no-fault and bodily injury benefits through the Motor Vehicle Accident Indemnification Corporation, created under Article 52 of the Insurance Law for 'qualified persons' ¹¹. For a hit-and-run, file a notice of intention with MVAIC within 90 days ¹¹.

One 2026 change cuts the other way. Insurance Law 5104(d) now caps non-economic damages at $100,000, but only for an at-fault injured person who was driving uninsured, was convicted of driving while intoxicated or impaired, or was committing or fleeing a felony at the time of the crash ¹². It does not apply to death claims, and it does not touch an innocent pedestrian who did nothing wrong ¹².

Deadlines that can end a claim before it starts

You generally have three years from the date of the crash to sue for a personal injury in New York under CPLR 214(5), and three years for vehicle or property damage under CPLR 214(4) ¹³.

A much shorter clock applies when a government vehicle or agency is involved, which is common in the city given public buses and municipal fleets. You have to serve a notice of claim within 90 days of the accident under General Municipal Law 50-e ¹⁴, then file suit within one year and 90 days under General Municipal Law 50-i ¹⁵. Miss the 90-day notice and the claim can be lost no matter how serious the injury.

If a drunk driver hit you

New York's Dram Shop Act can add a defendant when alcohol was involved. Under General Obligations Law 11-101, a person injured by an intoxicated driver can sue whoever unlawfully sold that driver alcohol and recover both actual and exemplary damages ¹⁶. A bar or restaurant's coverage can lift a recovery well past a single minimum auto policy.

Practical first steps

Make sure a crash report gets filed. New York requires a written report to the Commissioner of Motor Vehicles for any crash involving injury, death, or property damage over $1,000, under Vehicle and Traffic Law 605 ¹⁷. You can get your New York crash report here. If your own vehicle was also damaged in the incident, that loss is a separate claim, and diminished value is covered here.

The serious injury threshold, the new comparative fault bar, and the notice deadlines can each swing a pedestrian case by six figures, so it helps to talk with a lawyer early. You can find one through the legal directory.

This is general information about New York law, not legal advice.

Sources

1. thatcarhitme.com, New York Crash Report, April 2026. https://thatcarhitme.com/crash-data/new-york/new-york/april-2026-report

2. thatcarhitme.com, New York Crash Report, January 2026. https://thatcarhitme.com/crash-data/new-york/new-york/january-2026-report

3. New York Insurance Law § 5103, persons covered by no-fault first-party benefits. https://www.nysenate.gov/legislation/laws/ISC/5103

4. New York Insurance Law § 5102(a), basic economic loss. https://www.nysenate.gov/legislation/laws/ISC/5102

5. New York Department of Financial Services, No-Fault Regulation 68 FAQ (11 NYCRR 65). https://www.dfs.ny.gov/apps_and_licensing/property_insurers/nofault_faqs_reg68

6. New York Insurance Law § 5104(a), no recovery for non-economic loss except serious injury. https://www.nysenate.gov/legislation/laws/ISC/5104

7. New York Insurance Law § 5102(d), serious injury definition. https://www.nysenate.gov/legislation/laws/ISC/5102

8. New York CPLR § 1411, comparative negligence; subsection (b) added by L.2026, ch.58, Part EE. https://www.nysenate.gov/legislation/laws/CVP/1411

9. New York Department of Financial Services, minimum auto insurance requirements. https://www.dfs.ny.gov/faqs/consumer-auto/how-much-auto-insurance-must-i-carry

10. New York Insurance Law § 3420(f), uninsured and supplementary uninsured/underinsured motorist coverage. https://www.nysenate.gov/legislation/laws/ISC/3420

11. New York Insurance Law Article 52, Motor Vehicle Accident Indemnification Corporation; qualified person under § 5202. https://www.nysenate.gov/legislation/laws/ISC/A52

12. New York Insurance Law § 5104(d), 2026 cap on non-economic damages for certain at-fault claimants. https://www.nysenate.gov/legislation/laws/ISC/5104

13. New York CPLR § 214(4) and (5), three-year limitations for property damage and personal injury. https://www.nysenate.gov/legislation/laws/CVP/214

14. New York General Municipal Law § 50-e, notice of claim within 90 days. https://www.nysenate.gov/legislation/laws/GMU/50-E

15. New York General Municipal Law § 50-i, one year and 90 days to sue a public corporation. https://www.nysenate.gov/legislation/laws/GMU/50-I

16. New York General Obligations Law § 11-101, Dram Shop Act. https://www.nysenate.gov/legislation/laws/GOB/11-101

17. New York Vehicle and Traffic Law § 605, accident reporting; property damage over $1,000. https://www.nysenate.gov/legislation/laws/VAT/605