No online calculator knows what your claim is worth, but you can follow the math an adjuster or jury uses: add economic losses and a value for pain and suffering, cut it by your share of fault, then compare it with the available insurance. You generally must sue within two years in California (CCP 335.1) and Texas (CPRC 16.003), and three years in Washington (RCW 4.16.080).
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How is a car accident settlement calculated?
Every serious offer starts from the same two piles of damages.
Economic damages are losses you can add up with receipts:
- Medical bills, past and future. In California, the jury instructions ask for the reasonable cost of reasonably necessary care, and the cases they cite generally limit past bills to what was paid or is still owed, not the full sticker price (CACI 3903A). Texas says the same thing by statute: recovery of medical expenses is limited to the amount actually paid or incurred (Civil Practice and Remedies Code 41.0105).
- Lost earnings, past and those you are reasonably certain to lose in the future (CACI 3903C).
- Property: repair or replacement of your car and anything damaged inside it.
Non-economic damages cover pain, emotional distress, loss of enjoyment of life and physical impairment. California jurors are told to pick a reasonable amount from the evidence and their common sense (CACI 3905A). There is no table to look it up in, which is why this part of the number moves the most in negotiation.
One California rule can erase this second pile: under Proposition 213, a driver who was uninsured at the time of the crash generally cannot recover non-economic losses, though economic losses stay recoverable, as the Legislative Analyst explained.
How does my share of fault change the number?
After the total is set, it is reduced by the percentage of fault assigned to you. Each state does this differently.
- California uses pure comparative fault. The jury first decides your total damages, then reduces them by your percentage of responsibility (CACI 405 and 3960). You can be 70 percent at fault and still recover 30 percent.
- Texas reduces your damages by your percentage of responsibility, stated in whole numbers, and bars recovery entirely if that percentage is greater than 50 (Civil Practice and Remedies Code 33.001, 33.003 and 33.012). This is why a “car accident settlement calculator Texas” search needs a different answer: at 51 percent the number is zero.
- Washington reduces the award in proportion to your fault and never bars it (RCW 4.22.005). Fault there also includes an unreasonable failure to avoid an injury or to limit your damages (RCW 4.22.015), so skipped treatment can be argued as fault.
What does the math look like in a real claim?
Example only. The table below uses invented figures to show the order of the steps. The facts of each case decide every number, including the fault percentage, and nothing here predicts what your claim will bring.
| Step | California example | Texas example | Washington example |
|---|---|---|---|
| Medical bills paid or owed | $16,000 | $16,000 | $40,000 |
| Lost earnings | $5,000 | $5,000 | $12,000 |
| Car repair | $4,000 | $4,000 | $8,000 |
| Economic total | $25,000 | $25,000 | $60,000 |
| Non-economic value used | $20,000 | $20,000 | $40,000 |
| Total damages | $45,000 | $45,000 | $100,000 |
| Your fault | 40% | 55% | 10% |
| Reduction | minus $18,000 | barred, over 50% | minus $10,000 |
| Damages after fault | $27,000 | $0 | $90,000 |
Notice the Texas column. With the same losses as the California driver and 15 more points of fault, the claim drops from $27,000 to nothing. Had the Texas driver been found exactly 50 percent responsible, the math would give $22,500.
How do policy limits and my own UM/UIM coverage cap the number?
Damages are what the law says you lost. A settlement is what someone can pay. The at-fault driver’s bodily injury limit is often the ceiling.
| State | Minimum injury coverage per person | Source |
|---|---|---|
| California | $30,000 | California DMV |
| Texas | $30,000 | Texas Department of Insurance |
| Washington | $25,000 | RCW 46.29.090 |
In the Washington example, a $25,000 policy leaves $65,000 unpaid. Your own underinsured motorist coverage may pay the gap up to your limits. Washington policies must include it unless you rejected it in writing (RCW 48.22.030). Texas has the same written-rejection rule (Insurance Code 1952.101), and in California the insurer must offer the coverage and you must sign a waiver to decline it (Department of Insurance). Check your declarations page before you accept any number.
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What comes out of the settlement before I get paid?
A calculator that stops at the settlement amount leaves out the subtraction that matters most to you. In order:
- Attorney’s fee, at the percentage written in your agreement. In California the agreement must state the percentage and that the fee is not set by law and is negotiable (State Bar instructions on section 6147). Texas requires a signed written contract (Government Code 82.065), and Washington requires the agreement to say how the fee is figured (RPC 1.5(c)).
- Case costs, handled as your agreement says, before or after the fee.
- Liens. Medicare must be repaid from a settlement, and its recovery takes attorney fees and costs the beneficiary paid into account (CMS). A Texas hospital has a lien if you were admitted within 72 hours of the crash (Property Code 55.002). Washington hospitals and treating providers can hold liens for the value of their care (RCW 60.44.010).
What remains is your net. Our page on your settlement check walks through how it is paid out.
Are online settlement calculators and multipliers accurate?
Many online calculators ask for your bills and multiply them by a set number. That multiplier is a rule of thumb, and no statute or jury instruction in California, Texas or Washington adopts it. California’s instruction says plainly that no fixed standard exists for pain and suffering (CACI 3905A).
Calculators also miss what moves real claims: whether bills count at the billed or paid amount, your fault percentage, the Texas 51 percent bar, Proposition 213, the policy limit and the liens. Use one only to see how the pieces fit, never to decide whether an offer is fair.
What to do now
- Write down your deadline to sue: generally two years in California (Courts Self-Help Guide) and Texas (CPRC 16.003), three years in Washington (RCW 4.16.080).
- Gather itemized bills and the explanation of benefits showing what was actually paid.
- Get a letter from your employer showing missed days and pay rate.
- Ask the other driver’s insurer for the policy limit in writing, and pull your own declarations page.
- List everyone who paid for your care: Medicare, Medi-Cal, a health plan or a hospital.
- Keep notes on pain and daily limits. If an adjuster asks for a recorded statement, the California Department of Insurance explains what the claim process involves.
Have your numbers checked before you accept
Send us your bills, the offer and the policy information, and we will show you how the math looks on your facts. Call Beverly Law at (310) 552-6959. We handle car accident cases in California, Texas and Washington. You owe no fees or costs unless we win.
Common questions
Is there a car accident settlement calculator Texas courts use?
No. Texas courts apply the statutes: medical expenses limited to what was paid or incurred, damages cut by your percentage of fault, and no recovery at all above 50 percent. A jury decides the rest from the evidence.
Why did the adjuster’s number come in lower than my bills?
Usually one of three reasons: the adjuster counted paid amounts instead of billed amounts, assigned you a share of fault, or questioned whether some treatment was needed. Ask which one in writing.
Can I get more than the other driver’s policy limit?
Sometimes, from your own UM/UIM coverage, another responsible driver or an employer whose worker caused the crash. Collecting above the limit from the driver personally is often difficult.
Who handles Texas cases at Beverly Law?
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
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Related pages
Car Accident Settlements · Car accident settlements · Texas car accident settlement amounts · Your settlement check: who gets paid · How to get more money from a settlement · Law Blog
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Sources
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition (CACI 405, 3903A, 3903C, 3905A, 3960)
- California Courts Self-Help Guide: statute of limitations
- California DMV: insurance requirements
- California Department of Insurance: automobile insurance guide
- California Department of Insurance: so you've had an accident
- California Secretary of State, 1996 voter guide: Proposition 213 analysis
- State Bar of California: Sample Written Fee Agreement Instructions (Business and Professions Code 6147)
- Texas Civil Practice and Remedies Code chapter 16 (section 16.003)
- Texas Civil Practice and Remedies Code chapter 33 (sections 33.001, 33.003, 33.012)
- Texas Civil Practice and Remedies Code chapter 41 (section 41.0105)
- Texas Department of Insurance: auto insurance guide
- Texas Insurance Code chapter 1952 (section 1952.101)
- Texas Property Code chapter 55 (hospital liens)
- Texas Government Code chapter 82 (section 82.065)
- Revised Code of Washington 4.16.080
- Revised Code of Washington 4.22.005
- Revised Code of Washington 4.22.015
- Revised Code of Washington 46.29.090
- Revised Code of Washington 48.22.030
- Revised Code of Washington 60.44.010
- Washington Rules of Professional Conduct 1.5
- Centers for Medicare and Medicaid Services: Medicare's recovery process
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.