Explore awards and settlements paid to real side-impact accident victims in New York. Look for cases similar to yours.

Nationwide, more than half of all two-vehicle traffic accidents are some kind of side-impact collision.¹

The average settlement for a moderate side-impact collision in New York is $40,000. The payouts in our cases range from $2,100 for minor soft tissue injuries to $1,015,000 for a drunk-driver crash that left the victim with numerous fractures and a lacerated liver.

Average Payouts for New York Side-Impact Collisions

These averages are drawn from real personal injury lawsuits filed in New York courts by victims of side-impact collisions.

Average Payout by Severity of Injury
Minor Injury	$9,155
Moderate Injury	$40,000
Severe Injury	$482,214
Payout Range by Type of Injury
Neck and Back Injuries	$2,100 - $1,015,000

Factors Affecting New York Side-Impact Settlements

Because New York is a no-fault state, most driver and passenger injuries will be covered by the driver’s Personal Injury Protection (PIP) coverage. PIP covers reasonable medical costs and 80 percent of your lost wages, up to $2,000 per month. It does not pay for vehicle repairs or pain and suffering.

Injuries serious enough to exceed the no-fault threshold, such as fractures, disfigurement, or disability, are best handled by an experienced personal injury attorney.

Other factors that influence injury payouts in New York:

• Shared Fault – New York is a pure comparative fault state. When you have injuries outside the no-fault threshold, you can seek compensation from the other driver even when you share fault for the accident. Your payout will be reduced according to your portion of fault.
• Auto Policy Limits – New York requires all drivers to carry no less than $50,000 in Personal Injury Protection (PIP), at least $25,000 per person/$50,000 per accident for bodily injuries, and $10,000 for property damage.
• Uninsured/Underinsured – New York requires drivers to have uninsured motorist (UM) coverage equal to the liability limits of the policy. UM coverage will help with serious injuries caused by a hit-and-run or uninsured driver.
• No-Fault Threshold – When you have serious injuries that exceed the no-fault threshold, you can sue the at-fault driver for all your damages, including pain and suffering.
• Punitive Damages – Punitive damages are only awarded when a New York judge or jury finds the defendant guilty of “willful and wanton disregard” for the safety of others. There or no caps on punitive damages in New York State.
• Commercial Policies – When the at-fault driver owned or was driving a commercial vehicle, like a tractor-trailer or work truck, higher liability insurance is often available for serious injuries.

Minor Injury Case Examples

Minor injuries from a side-impact collision often include soft-tissue bumps, scrapes, strains or sprains. Minor injuries should heal completely within a few weeks, and the victim may only miss a few days of work.

Small Award for Sideswipe Accident Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $2,100
Case Summary: Plaintiff was traveling south on a road consisting of two lanes in each direction. Plaintiff was in the right southbound lane. Defendant was traveling on the same road and in the same direction as the plaintiff. A car ahead of the plaintiff was double parked in the roadway so plaintiff pulled into the left lane to pass the parked vehicle. Defendant crossed over the double yellow center line and attempted to pass plaintiff as she was traveling in the left lane. Defendant then crossed back over into the left southbound lane to avoid oncoming traffic, but sideswiped plaintiff’s car. Plaintiff sustained soft tissue neck and back injuries. Defendant contended that he had no choice but to pull into the oncoming lanes of traffic because plaintiff cut him off when she pulled into the left lane. Jury returned a plaintiff verdict for $2,100.
Location: Bronx County, New York
Case Name and Docket Number: Dominguez v. Mendez, 28874/2015E

Passenger Injured in Side-Impact Collision

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was a front seat passenger in an automobile operated by her daughter traveling on Route A. Defendant was driving on a side road. Defendant pulled onto Route A, was unable to stop and entered plaintiff’s lane of travel. Plaintiff’s daughter broadsided defendant’s vehicle. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that she suffered a neck injury in the collision, resulting in 5-7% permanent partial disability of the cervical spine. Defendant contended that plaintiff was exaggerating the extent of her damages. Jury awarded $5,000 to plaintiff.
Location: Bronx County, New York
Case Name and Docket Number: Olonko v. Otero, 508163/2015

Award for Broadside Collision Injuries

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was traveling down a hill and had the right-of-way when the defendant vehicle, coming from a side street, struck the plaintiff broadside. Plaintiff alleged the defendant failed to yield the right-of-way to through traffic as the defendant had a stop sign and failed to stop. Plaintiff sustained strain and sprain of neck and back without any permanency. Defendant contended he stopped and looked for oncoming traffic at the stop sign but did not see any as he entered the intersection. Defendant further argues that plaintiff was speeding through the intersection. Jury returned a plaintiff verdict for $8,000. Per Plaintiff’s counsel, plaintiff had a second accident, two months after this accident and the overlapping injuries were confusing to the jury.
Location: Kings County, New York
Case Name and Docket Number: Delahoz v. Decola, 0150224/2018

Bus Driver At Fault for T-Bone Collision

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was a passenger in a vehicle being operated by Defendant. Defendant driver ran a red light at an intersection, resulting in a T-bone collision with another vehicle. The impact occurred on the passenger side of plaintiff’s vehicle. Plaintiff claimed that she suffered soft tissue injuries to her neck as a direct result of this accident. Defendant admitted liability for the accident, but disputed causation and damages. Jury awarded $8,000 to plaintiff.
Location: Richmond County, New York
Case Name and Docket Number: Yan-Eng v. All Star Bus Service Co., 509234/2015

Victim Claims Injuries From Broadside Crash

Type of Injury: Soft tissue neck injuries
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and defendant were traveling on intersecting streets. Defendant failed to stop at the intersection of the two streets and broadsided plaintiff’s automobile in a moderate-impact collision. Plaintiff alleged that defendant was negligent in failing to pay full time and attention to the operation of his vehicle and in failing to stop at the intersection. Plaintiff suffered soft tissue neck injuries in the collision. Plaintiff further alleged that she had worked double shifts at her place of employment prior to the accident and that she could work only 40 hours a week due to her injuries. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff was exaggerating the extent of her damages. Jury awarded $10,000 to plaintiff.
Location: Ontario County, New York
Case Name and Docket Number: Lago v. Mizrachi, 0016478/2012; 16478/12

Red-Light Runner Injures Passenger in Side-Impact Collision

Type of Injury: Soft tissue neck and back injuries; and myofascial pain syndrome
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was a passenger in an automobile being operated by defendant. Defendant ran a red light at an intersection and broadsided another vehicle. Plaintiff claimed he suffered soft tissue neck and back injuries. Plaintiff alleged that defendant was negligent in running a red light. Defendant contended that he did not run a red light, and also disputed the nature and extent of plaintiff’s alleged injuries. Jury returned a plaintiff verdict for $10,000.
Location: Bronx County, New York
Case Name and Docket Number: Sandoval v. Maiga, 0022104/2016

Driver Admits Running Red Light, Broadsiding Plaintiff

Type of Injury: Back injury-herniated disc at L4-L5
Award/Settlement Amount: $11,711
Case Summary: Plaintiff was driving his vehicle on Route A. Defendant was operating her own vehicle on the intersecting road of Street B. At the intersection, defendant failed to stop for a red light and collided with plaintiff’s vehicle broadside. Plaintiff alleged defendant was negligent in running the red light and failing to yield the right-of-way. Plaintiff claimed he suffered injuries a herniated disc at L4-L5 as a direct result of the collision. Defendant admitted liability. However, she disputed the nature and extent of plaintiff’s injuries, as well as proximate cause. Jury determined that plaintiff’s damages totaled $ 11,711.
Location: Bronx County, New York
Case Name and Docket Number: Bassi v. Lou, 0028273/2013

Partial Disability from Broadside Crash Injuries

Type of Injury: Soft tissue injury to lower back
Award/Settlement Amount: $11,914
Case Summary: Defendant failed to observe a stop sign at an intersection and broadsided plaintiff’s vehicle. Plaintiff was treated at a local hospital for soft tissue injury to lower back and referred to an orthopedic surgeon by his family physician. He returned to work after six weeks of physical therapy. Plaintiff alleged that he suffered a 5% permanent partial disability to his back as a direct result of the injuries he sustained in the collision. Defendant contended that plaintiff’s injuries had fully resolved when he was discharged from physical therapy ten weeks after the accident. Jury awarded $11,914 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Pettis v. Calandruccio, 22204/2013E

Plaintiff Denied Bigger Award for T-Bone Crash

Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $12,000
Case Summary: Plaintiff was driving in the left lane of a two-lane roadway when he came upon a stopped vehicle traveling in the same direction in the right lane. The stopped vehicle waived defendant into the roadway from a private driveway. Defendant proceeded into the roadway and t-boned plaintiff as plaintiff was traveling past the stopped vehicle. Plaintiff claimed to have suffered a permanent soft tissue neck injury as a result of the collision. Defendant contended that her vehicle was struck by the plaintiff and that plaintiff was the cause of the accident. Defendant disputed the nature and extent of plaintiff’s injury. Jury returned a plaintiff verdict for $12,000. Plaintiff’s Motion for Additur was denied.
Location: Nassau County, New York
Case Name and Docket Number: Serrano v. Fredericks, 0005960/2014

Coffee Drinking Driver Liable for Broadside Collision

Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $12,824
Case Summary: Defendant made a left turn in front of plaintiff’s oncoming vehicle, resulting in a broadside collision. Plaintiff alleged that defendant failed to keep a proper lookout, noting that defendant told the police officer at the scene that he was drinking coffee and did not see plaintiff. Plaintiff suffered soft tissue lower back and cervical neck injuries. Defendant contended that plaintiff was comparatively negligent in that plaintiff was speeding and not paying attention. Jury returned a plaintiff verdict in the amount of $12,824.
Location: Bronx County, New York
Case Name and Docket Number: Pimiento v. Felder, 704423/2013

Moderate Injury Case Examples

Moderate car accident injuries can include concussions, extensive soft-tissue injuries, simple fractures, herniated or bulging discs, and other neck and back injuries that may have residual effects. Victims may be left with some permanent effects, and take months to reach maximum medical improvement.

Defendant Disputes Fault for Broadside Collision

Type of Injury: Soft tissue lumbar (back) injuries
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was stopped, with his left turn signal activated, intending to make a left turn into his driveway. Defendant 1, operating a vehicle owned by Defendant 2, was traveling in the same direction. Defendant 1 crossed a double yellow line to pass on the left and broadsided plaintiff’s vehicle. Defendant was cited for improperly passing. Plaintiff suffered soft tissue lumbar back injuries. Defendants contended that plaintiff stopped suddenly without activating his turn signal, creating an emergency situation. Defendant further contended that plaintiff was exaggerating the extent of his injuries and damages. Jury returned a plaintiff verdict in the amount of $25,000.
Location: Nassau County, New York
Case Name and Docket Number: Melendez v. Gamory, 2924710

Verdict for Broadside Accident Victim with Pre-Existing Injuries

Type of Injury: Neck injury-aggravation of a pre existing neck condition
Award/Settlement Amount: $35,000
Case Summary: Plaintiff was driving through traffic. As he proceeded with the right-of-way, he broadsided a vehicle driven by Defendant. Defendant was waived through traffic by a vehicle in another lane and did not see plaintiff in the through lane. Plaintiff alleged he had the right-of-way and defendant should not have proceeded into traffic when he could not see. Plaintiff further claimed aggravation of a pre existing neck condition as a direct result of this accident. Defendant contended she was waived through traffic by another driver and it was reasonable to rely on the other driver for help as she could not see what traffic was in the adjacent lane. Defendant argued that plaintiff’s neck condition was preexisting and any complaints, past or future, were not related to this impact. Jury awarded $35,000 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Abdelhadi v. Breyer, 0508215/2013; 508215/13

Both Drivers Share Blame for Broadside Crash

Type of Injury: Knee injury-a torn lateral and medial menisci in her left knee
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was waiting to make a left turn into a parking lot. She had to go across three lanes of oncoming traffic. She crossed the left and middle lanes without incident, but as she was starting up the parking lot’s apron, defendant 1, driving a vehicle owned by the defendant 2, struck her vehicle broadside. Plaintiff suffered a torn lateral and medial menisci in her left knee. She underwent arthroscopic surgery. Plaintiff claimed that traffic that was stopped in the left and middle lanes waved her on, and that defendant was speeding. Defendants argued that plaintiff failed to maintain a lookout and failed to yield the right-of-way to oncoming traffic. Jury returned a liability verdict finding negligence was a 50-50 split between the plaintiff and defendants. The case subsequently settled for $50,000.
Location: Ontario County, New York
Case Name and Docket Number: Anastasio v. Bekteshi, 10988/02

Both Side-Impact Drivers Liable for Passenger Injuries

Type of Injury: Neck injury-herniated cervical discs at C4-5, C5-6, C6-7; Back injury- bulging lumbar disc at L4-5; and full thickness rotator cuff tear of the left shoulder
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was a passenger in a vehicle driven by defendant 1. Defendant1 and defendant 2’s vehicles were traveling on intersecting streets. Defendant2 had a stop sign at the intersection. Plaintiff claimed that defendant2 failed to yield the right-of-way, resulting in a collision. The impact caused defendant1’s vehicle to strike a pole. The police officer’s testimony was consistent with plaintiff’s and defendant1’s testimony that defendant 2’s vehicle hit defendant1’s vehicle broadside in the left front fender and front left door jamb on the driver’s side. Plaintiff suffered herniated cervical discs at C4-5, C5-6, C6-7; bulging lumbar disc at L4-5; and full thickness rotator cuff tear of the left shoulder. Jury determined that defendant2 was 51% negligent; and defendant1 49% negligent. Plaintiff subsequently settled for $50,000 ($25,000 policy from each defendant.)
Location: Kings County, New York
Case Name and Docket Number: Galleggiante v. Maniglia , 49308/96

Severe Injury Case Examples

Severe side-impact injuries can include disabling brain and spinal cord injuries, multiple fractures, internal injuries, and disfigurement. Many victims will never be able to return to their pre-accident occupations or activities of daily living.

Permanent Hand Injuries From Broadside Collision

Type of Injury: Injuries to both hands-a bilateral carpal tunnel syndrome; permanent neuritis in his right dominant hand and occasional neuritis in his left hand
Award/Settlement Amount: $98,000
Case Summary: Plaintiff was driving when defendant went through a flashing red light at an intersection and struck plaintiff’s vehicle broadside. Liability was conceded. Plaintiff claimed he suffered a bilateral carpal tunnel syndrome, requiring three separate surgeries and extended physical therapy. Plaintiff claimed permanent neuritis in his right dominant hand and occasional neuritis in his left hand. This case settled before depositions for $98,000.
Location: Schoharie County, New York
Case Name and Docket Number: Pellett v. Alapeck, 2849/00

Head Injury Victim Settles Side-Impact Crash Case

Type of Injury: Head injury-loss of consciousness and subdural hematoma
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was riding in the rear seat of a vehicle driven by defendant 1. As defendant’s vehicle proceeded through an intersection, it was broadsided by a vehicle driven by defendant 2. Plaintiff claimed that defendant 1 stopped his vehicle prior to entering the intersection, and that traffic was crossing in front of their vehicle. Defendant1 claimed that he entered the intersection under a green traffic signal. Plaintiff was rendered unconscious after striking his head on a door of defendant1’s vehicle. Three months later, plaintiff fell in the street and was taken to an emergency room, where a CT scan revealed a large subdural hematoma. He underwent a craniotomy and was hospitalized for 26 days. Defendants claimed that the instant accident did not cause plaintiff’s hematoma. Jury rendered a plaintiff’s verdict on liability. Parties subsequently reached a $100,000 settlement.
Location: Kings County, New York
Case Name and Docket Number: Ikhamkim v. Twin-D Transportation Inc., 4193/00

Passenger Side Collision Injury Case Settled

Type of Injury: Shoulder injury-a rotator-cuff injury with subacromial impingement, a right-shoulder fracture, impingement of the supraspinatus muscle and tendinopathy; Others- a fractured rib, cervical and lumbar radiculopathy, and a wrist injury
Award/Settlement Amount: $125,000
Case Summary: Plaintiff was a passenger in her daughter’s vehicle. On reaching a T-intersection, plaintiff’s vehicle was struck on its passenger side by an SUV driven by defendant. The impact pushed plaintiff’s vehicle into the guardrail. Plaintiff claimed that defendant was driving at an excessive rate of speed, and that she had ignored a stop sign governing her entry to the intersection. Plaintiff sustained a rotator-cuff injury with subacromial impingement, a right-shoulder fracture, impingement of the supraspinatus muscle and tendinopathy. She also claimed to have sustained a fractured rib, cervical and lumbar radiculopathy, and a wrist injury. Defendant contended that she did not see the plaintiff’s vehicle prior to the collision. Jury found that defendant was 60% liable for the accident, and that plaintiff’s daughter was 40% liable. Parties subsequently reached a $125,000 settlement.
Location: Westchester County, New York
Case Name and Docket Number: Mitchell v. Altman, 17857/01

Broadside Collision of Two Commercial Trucks

Type of Injury: Neck injury-herniated discs at C3-4, C5-6 and C6-7
Award/Settlement Amount: $501,500
Case Summary: Plaintiff, a commercial truck driver, was operating a truck on a southbound Route. He was making a right turn when his 53,000-pound truck was broadsided by a truck driven by defendant’s employee. The force of the collision knocked plaintiff’s truck onto its passenger’s side. Liability was conceded, and the trial addressed damages. Plaintiff claimed to have sustained herniated discs at C3-4, C5-6 and C6-7. He underwent regular neurological and orthopedic treatment since the accident. The defendants contended that plaintiff’s injuries pre-existed and were unrelated to the accident, and that they were degenerative in nature. The jury rendered a plaintiff’s verdict. It awarded plaintiff $501,500.
Location: Suffolk County, New York
Case Name and Docket Number: Corazzini v. Ultimate Food Service, Inc., 26986/01

Passenger Seated at Point of Side-Impact Collision

Type of Injury: Neck injury-herniated cervical disc at C5-6
Award/Settlement Amount: $550,000
Case Summary: Plaintiff was a passenger in a vehicle being driven by defendant 1. Defendant 2, driving a vehicle registered to defendant 3 and leased from defendant4 was coming out of a driveway and making a left turn. The vehicles collided with the impact taking place on the front passenger’s door of the plaintiff’s vehicle. Defendant1 claimed that both defendant2 and defendant3 were negligent. Defendant2 and defendant3 contended that defendant1 could have avoided the accident. Plaintiff sustained a herniated cervical disc at C5-6. She underwent an anterior discectomy and fusion. She also received three cervical epidurals. She underwent physical therapy and chiropractic treatment for 18 months. The defendants contended plaintiff had made a good recovery and that she could return to work. This case settled prior to opening statements for $550,000.
Location: Suffolk County, New York
Case Name and Docket Number: Bonelli v. Cadigan, 30141/00

High-Speed T-Bone Crash Case Settles During Trial

Type of Injury: Neck injury-herniated disc at C6-7
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff was driving a pickup truck that was equipped with a horse trailer. He was traveling east on Road A, near its T-intersection with Road B. As plaintiff’s truck entered the intersection, its passenger side was struck by a minivan that was being driven by defendant. Defendants claimed that plaintiff was exceeding the speed limit, and that he did not attempt to avoid the collision. Plaintiff claimed that he sustained a herniated disc at C6-7. He underwent two surgical procedures and extensive physical therapy. His treating surgeon testified that plaintiff experiences residual pain, with a permanent 30% disability. Defendants’ expert orthopedist testified that plaintiff’s injuries were causally related to a motor vehicle accident that occurred approximately 15 years prior to the instant accident. During the trial, parties agreed to a $1 million settlement.
Location: Wyoming County, New York
Case Name and Docket Number: Copeland v. Atwood, 33973/03

Drunk Driver Liable for Side-Impact Collision Injuries

Type of Injury: Shoulder injury-displaced fractures of his right scapula and clavicle; Others-fractured 11 ribs on his right side (1-8 and 10-12), and suffered a laceration of his liver
Award/Settlement Amount: $1,015,000
Case Summary: Plaintiff was driving his vehicle near an intersection. As he proceeded through the intersection with the traffic light in his favor, his vehicle was struck broadside on the passenger side by an SUV being operated by defendant and owned by co-defendant. Defendant, by all accounts, was intoxicated, was speeding and disregarded the intersection traffic light. Investigation revealed that defendant had a BAC of 0.19, and there were empty bottles of beer in his vehicle. Plaintiff incurred displaced fractures of his right scapula and clavicle, fractured 11 ribs on his right side (1-8 and 10-12), and suffered a laceration of his liver. He underwent arthroscopic labral debridement and acromioclavicular joint resection of the right shoulder. The parties agreed to a $1,015,000 settlement, which was reached several weeks prior to trial.
Location: Nassau County, New York
Case Name and Docket Number: Hadoulis v. Viva La Vida Corp., 19751/05

Methodology

Average settlement amounts are from actual New York side-impact cases that we compiled and analyzed. The case group does not include wrongful deaths or cases that failed to result in a payout to the injured party.

Average settlements are calculated by adding the total payout in a group, then dividing by the number of cases in the group.