Insurance adjusters in Buffalo don’t pull settlement numbers out of thin air, though it can feel that way. A New York crash claim moves through a fairly predictable set of steps, and knowing them helps you understand why an offer looks the way it does.
Step one, no-fault covers the first $50,000
Your no-fault benefits pay medical bills, 80 percent of lost wages up to $2,000 a month, and some other expenses, up to $50,000, regardless of fault. Those amounts generally aren’t part of a settlement with the other driver, because no-fault already paid them. See our no-fault guide.
Step two, the serious injury question
To recover pain and suffering, you need a serious injury under Insurance Law 5102(d). A fracture usually settles that question. A soft-tissue injury may lead to a long fight over medical proof, especially since the 90/180 category was removed for suits filed on or after May 26, 2026. How strong your threshold evidence is often drives the offer more than anything else.
Step three, the damages
- Pain and suffering, past and future.
- Economic losses above the $50,000 no-fault limit, like long-term wage loss.
- Future medical care no-fault won’t cover.
- Property damage, usually handled separately and faster.
Step four, fault
Damages drop by your share of fault. For no-fault crash suits filed on or after May 26, 2026, if your share outweighs the defendants’ shares put together, you recover nothing. When an adjuster pins 40 percent of the blame on you, the claim shrinks by 40 percent, and one who says 55 percent is telling you the claim is worthless. Push back with evidence.
Step five, the insurance available
By law, New York drivers carry a floor of $25,000 in injury coverage, rising to $50,000 for a crash that injures several people. When that minimum is all the other driver has, a claim worth more may be limited to the policy unless the driver has assets or you have supplementary underinsured motorist coverage. Ask early how much coverage there is.
Step six, liens
Health insurers, Medicaid and Medicare may have rights to repayment for crash-related care they paid. Liens can often be negotiated down.
Step seven, fees
Most New York injury lawyers work on contingency, and the agreement should be in writing. Ask how costs, like filing fees and medical reports, are handled.
Warning signs in an offer
- It comes before you’ve finished treatment.
- It ignores the serious injury question or assumes you can’t meet it without saying why.
- It blames you without explanation.
- It’s tied to a quick deadline.
Signing a release ends the claim. This page explains how claims are typically valued and isn’t advice about yours.