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Tool 3 · Settlement Range

What auto-accident cases like yours actually settle for

A research-based ESTIMATE drawn from the NAIC Auto Insurance Database Report, the Insurance Research Council's Countrywide Patterns, NHTSA Traffic Safety Facts, and the AskMatlock $15B serious-injury representation-gap analysis. This is not a prediction for any individual case. Read the underlying research →

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Slide if you may share fault. Most states bar recovery at or above 50% — pure-comparative states (CA, NY, LA, WA) allow recovery beyond.

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How this works

The countrywide anchors come straight from §A "Citable findings for practitioners" and §4 "What it cost them" in the $15B research:

  • Represented serious-injury claimant — ~$80,000 gross per claim, ~$54,400 take-home after a typical 32% contingency-plus-costs share.
  • Unrepresented serious-injury claimant — ~$20,000 average settlement. No fee, so this is also the take-home.
  • All-severity averages — ~$47,000 represented vs ~$9,000 unrepresented (Figure 2 of the report).
  • Selection-bias adjustment — a 25% haircut applied to the raw gap, yielding the headline ~$26,000 net per-victim shortfall for the serious-injury subset.

State-specific context follows §7 "Where the gap is largest": California $2.3B, Texas $1.8B (proxy), Florida $2.4B, New York $0.74B, Georgia $1.1B — five-year totals for unrepresented serious-injury bodily-injury claims. Per-victim gaps run ~$26K in CA/FL/GA and ~$38K in NY (where per-claim bodily-injury severity is highest). The Texas figure should be read with substantially wider uncertainty because TDI does not report claim counts to NAIC under the standard data call.

Sources and citations

  • NAIC Auto Insurance Database Report 2022/2023
  • Insurance Research Council, Countrywide Patterns in Auto Injury Insurance Claims (2018)
  • NHTSA Traffic Safety Facts 2022
  • AskMatlock, "The $15 Billion Settlement Gap: Serious Auto-Injury Victims Without Representation, 2020–2024" — full report

Disclaimer

Case Desk is a product of AskMatlock. Neither Case Desk nor AskMatlock is a law firm and neither employs lawyers; we are a legal-technology and lead-generation platform. Settlement ranges shown here are research-based estimates drawn from primary government and industry data. Individual case outcomes depend on case-specific facts — liability strength, available coverage, lien stack, treating-physician documentation, jurisdiction damages caps — that this calculator cannot evaluate. Nothing on this page is legal advice or a prediction of outcome. When your case warrants it, the Bodily Injury Claim tool lets you browse verified attorneys in your state and pick one.