Only a small fraction of car accident cases ever reach a courtroom. The Bureau of Justice Statistics found that bench and jury trials accounted for an estimated 4 percent of all tort dispositions in state courts, which means roughly 96 percent of injury cases, including car accident cases, end in a settlement or another resolution before a verdict. New York car accident cases follow the same pattern. The small group that does go to trial usually involves a genuine dispute over who caused the crash, a fight over the serious injury threshold, or an insurance company offer that stays far below what the claim is worth. This article explains why most cases settle, what pushes a case into a courtroom, and how the New York lawsuit process works from the first filing to a verdict.
At William Mattar, P.C. our team has focused on motor vehicle accidents for more than 30 years, with 24 attorneys and offices and intake locations in Buffalo, Rochester, Syracuse, Albany, and on Long Island.
Key facts about New York car accident trials
- The Bureau of Justice Statistics reports that bench and jury trials accounted for an estimated 4 percent of all tort dispositions in state courts, so the large majority of injury cases resolve without a trial.
- A New York car accident lawsuit must generally be filed within three years of the crash under CPLR 214.
- To recover pain and suffering damages after a New York crash, an injured person must show a serious injury as defined by Insurance Law Section 5102(d).
- A case joins the trial calendar when a party files a note of issue under CPLR 3402, which happens only after discovery is complete.
- Under CPLR 1411, a plaintiff who is partly at fault can still recover, with damages reduced by their share of fault, and that allocation is often the fact the two sides fight about.
Why most car accident cases settle
Trials are expensive, slow, and uncertain for both sides. An insurance company that takes a case to verdict pays defense lawyers and expert witnesses for months and still risks a jury award far above its last offer. An injured person who insists on trial waits longer for compensation, spends more on case costs, and accepts the chance that a jury awards less than the settlement that was on the table. A settlement removes that risk for everyone, which is why most cases resolve once the evidence on fault and damages becomes clear.
Settlement is not a single event on a fixed schedule. Some claims resolve before any lawsuit is filed, once medical treatment ends and the insurer reviews the records. Others settle during discovery, at a court ordered settlement conference, or in the hallway on the first morning of trial. The car accident attorneys at William Mattar are prepared to help after a car crash causes injury.
What pushes a case to trial
Disputed liability is the most common reason. When each driver blames the other and there is no independent witness or camera footage, the insurer may decide a jury should sort it out. Under CPLR 1411 a percentage of fault assigned to the injured person reduces the recovery by that percentage, so even a partial liability dispute changes the value of the case enough to block agreement. There was just a significant change in the law which “modified” what had previously been a pure comparative fault regime.
Serious injury threshold disputes are a close second. New York's no fault system bars a pain and suffering claim unless the injury fits a category listed in Insurance Law Section 5102(d), such as a fracture, significant disfigurement, or a permanent consequential limitation of use. Insurers regularly argue that soft tissue injuries fall short of the threshold, and that argument can carry a case through motions and into trial.
The third driver is valuation. When the insurer's best offer stays far below the documented medical costs, lost earnings, and pain and suffering, trial becomes the only remaining path to full value. No lawyer can promise what a jury will do, but a claim supported by strong medical proof gives the injured person a real choice instead of success at trial.
The stages of a New York car accident lawsuit
A case that does not settle early moves through a defined sequence in the court progress. Each stage narrows the dispute, and gets closer to trial.
| Stage | What happens |
| Summons and complaint | The lawsuit begins when the plaintiff files these papers and serves the defendant, who then files an answer |
| Discovery | Both sides exchange medical records, crash reports, photographs, and written answers about the crash and the injuries |
| Depositions | Each party testifies under oath before trial. The firm's guide to what happens after a deposition explains some steps that might follow |
| Note of issue | A filing that certifies the case is ready and places it on the trial calendar |
| Mediation or settlement conference | A neutral or the court works to close the gap between the demand and the offer |
| Trial | A jury or judge decides fault and damages, and either side may appeal the result |
The three year deadline to file
None of these stages can happen if the lawsuit starts too late. CPLR 214 gives most New York car accident victims three years from the date of the crash to file a personal injury action. Shorter deadlines apply in some situations, including claims against municipalities, which generally require a notice of claim within 90 days. The firm's guide to New York's car accident statute of limitations covers the exceptions in detail. Missing the deadline usually ends the claim no matter how strong the evidence is. It is usually a good idea to consult an attorney as soon as possible to ensure you do not miss any time deadlines.
What a trial means for your timeline and recovery
Taking a case to verdict adds time. Discovery, motions, and calendar delays mean a tried case often concludes years after the crash, and an appeal can extend that further. Trial also adds cost. Expert witnesses, exhibits, and transcripts are typically advanced by the law firm and repaid from the recovery, so a verdict must exceed the last settlement offer by enough to justify those expenses. A jury can award more than the insurer ever offered, and it can also award less or find the injured person partly at fault, which reduces the award under CPLR 1411. Prior results never guarantee what a particular jury will decide. That being said, sometimes the offer on the table is unfair and going to trial is necessary.
Frequently asked questions
How long does a car accident lawsuit take in New York?
It varies with the court calendar, the injuries, and the disputes in the case. Claims that settle before filing can resolve within months of finishing treatment. A filed lawsuit that settles during discovery often takes a year or two. A case tried to verdict can take several years, and an appeal adds more time.
Is it better to settle or go to trial after a car accident?
It depends on the offer, the evidence, and the risk you are willing to accept. A fair settlement delivers certain compensation sooner and at lower cost. A trial makes sense when liability or valuation is genuinely disputed and the offer stays well below the documented damages. No attorney can promise a particular result either way.
Can a car accident case settle after the trial starts?
Yes. Settlement can happen at any point before the jury returns a verdict, and some cases resolve during jury selection or mid trial once each side has seen how the evidence is landing.
Why would an insurance company refuse to settle a car accident case?
The usual reasons are a dispute over who caused the crash, an argument that the injuries do not meet New York's serious injury threshold under Insurance Law Section 5102(d), or a valuation of the claim far below the demand. Each of those disputes is also what a trial exists to resolve.
Are you weighing a settlement offer after a New York car accident? The attorneys at William Mattar, P.C. are available 24/7 with no fee unless your case recovers money. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that only handles motor vehicle accident cases and has represented injured people for over 30 years. The firm’s principal office is in Williamsville, with offices and intake locations throughout New York State. Free case reviews available 24/7 at (844) 444-4444.
Related reading from William Mattar
- Your First Priority. A Guide to No-Fault Benefits for Injured Pedestrians in New York
- What Types of Compensation Am I Entitled to After a New York Car Crash
- Your Rights in a Crosswalk (and Out of One). A Guide to NY’s Pedestrian Laws
- How to Sue the City or MTA After Being Hit by a Bus or Government Vehicle
- How Surveillance Footage and Witness Statements Help Prove Liability in a Long Island Pedestrian Accident Case
Each of the above is part of William Mattar’s New York State accident resource library.
Sources
- Bureau of Justice Statistics, Tort Bench and Jury Trials in State Courts, 2005, bjs.ojp.gov, reviewed July 2026
- New York Civil Practice Law and Rules 214, 1411, and 3402, via nysenate.gov Open Legislation
- New York Insurance Law 5102, via nysenate.gov Open Legislation
- William Mattar, P.C., car accident practice and blog pages, williammattar.com, reviewed July 2026
Attorney Advertising. This article provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated July 2026