If you are reading this a few days or weeks after a crash and the words on the screen feel slower than they should, take your time. This guide is written in short pieces on purpose. It explains what a concussion is, why it can be missed, how New York law treats it, and what tends to shape a concussion car accident settlement, without myths and without numbers that nobody could responsibly promise you.
Can you get a concussion in a crash if your head never hit anything?
Yes. This is one of the most common misunderstandings we hear.
A concussion is a mild traumatic brain injury. It happens when the brain moves suddenly inside the skull. A direct blow can cause that, but so can a hard jolt on its own. In a rear-end or side impact, the head can whip forward and back in a fraction of a second, and that rapid acceleration and deceleration is enough.
So “I didn’t hit my head” does not rule anything out. Neither does “I never blacked out.” Many people with a concussion never lose consciousness at all.
The word “mild” also confuses people. In medicine it describes the initial presentation, not how the injury feels to live with. Some people recover within days. Others carry symptoms for months.
What symptoms should you watch for?
The CDC’s traumatic brain injury and concussion pages list the signs most people notice. In car crash cases, the ones that come up again and again include:
- Headaches that linger or keep returning
- Feeling foggy, slowed down or “not quite here”
- Trouble remembering things, including parts of the crash itself
- Difficulty concentrating, reading or following a conversation
- Sensitivity to light and noise
- Sleeping much more or much less than usual
- Irritability, mood changes or a shorter temper
- Dizziness or problems with balance
Symptoms do not always show up at the scene. Adrenaline can mask them, and some only become obvious once you try to go back to work or school.
The CDC’s HEADS UP program has plain-language material that is worth reading, and worth sharing with a family member who can help you notice changes you might miss.
If any symptom is new, getting worse or worrying you, see a doctor and tell them about the crash. That is the medical advice. Everything else here is about the claim.
Why did my CT scan come back normal?
Because that is usually what happens with a concussion.
CT and standard MRI are very good at finding bleeding, swelling and fractures. A concussion is mostly a problem of how the brain is functioning, and that often does not appear on routine imaging. A normal scan rules out certain emergencies. It does not prove you are fine.
This matters for a claim, because insurers sometimes point to a clean scan as if it settles the question. It does not. Concussion is documented in other ways:
- Clinical evaluation. A doctor’s exam, your reported symptoms and how they change over time.
- Neurology follow-up. A neurologist can assess balance, eye movement, cognition and headache patterns, and track them across visits.
- Neuropsychological testing. Structured tests of memory, attention and processing speed can measure deficits that a scan cannot see.
Consistent records from these sources, created close to the crash and continued over time, are often what carries a concussion case.
What is post-concussion syndrome, and why does it matter?
For many people, concussion symptoms fade within a few weeks. For some, they do not. When headaches, fogginess, sleep problems or mood changes persist well beyond that, doctors may describe it as post-concussion syndrome or persistent post-concussive symptoms.
From a claims standpoint, persistence changes the picture. A short, fully resolved concussion is treated very differently from one that still affects how you think, work and rest months later.
That is also why the timing of any settlement matters so much. We come back to that below.
What if I can’t focus at work or school yet?
Returning too fast is common, and it often backfires. Screens, bright offices, noisy classrooms and long reading tasks can all make symptoms flare.
Follow your doctor’s guidance on returning. Ask for a written note if you need reduced hours, breaks, or time away. Those notes protect your health, and they also become part of the record showing how the injury affected your day.
If you are missing work, no-fault insurance generally pays part of your lost wages and your medical bills regardless of who caused the crash. The application is generally due within 30 days, so it is worth starting even while you are still unsure how you feel. Our walkthrough of New York no-fault claims explains the forms. If you were a passenger in a rideshare, our page on Uber and Lyft accident claims covers which policies may apply.
For a longer absence, our article on proving you could not work after an injury describes the kind of documentation that helps.
Does a concussion meet New York’s “serious injury” threshold?
It can, but not automatically. This is the legal question at the heart of most concussion claims.
In New York, to recover for pain and suffering against the at-fault driver, you generally must show a “serious injury” as defined in Insurance Law § 5102(d). A concussion is not a fracture, so it usually has to fit one of the other categories. The ones that most often apply are:
- Significant limitation of use of a body function or system, such as cognitive or neurological function
- Permanent consequential limitation of use of a body organ or member
- The 90/180-day category: a medically determined injury that kept you from performing substantially all of your usual daily activities for at least 90 of the first 180 days after the crash
Courts generally look for objective evidence, not only a description of how you feel. That is where neurology findings, neuropsychological test results and a treating doctor’s explanation of how they connect to the crash become important.
Consistent treatment matters too. Long, unexplained gaps between visits are something insurers often seize on. If you stopped treatment because coverage ran out or you simply could not get to appointments, make sure that reason is written down somewhere.
What should I expect at an IME?
At some point the insurer will likely send you to an independent medical examination. The doctor is chosen and paid by the insurance company. The exam may be brief, and the report may conclude that your concussion has resolved.
That does not end your claim. It means your own doctors’ records need to be thorough. Our guide to what happens at an IME in New York explains how to prepare and what to note afterward.
A simple daily record also helps. Memory problems are part of concussion, so writing things down is useful for both you and your doctor. Our article on keeping an injury and symptom diary offers a format that takes a few minutes a day.
What actually moves a concussion car accident settlement?
You will not find an average figure here, because there is no reliable one. Every concussion car accident settlement depends on its own facts. What we can describe are the factors that tend to make a difference:
- How long symptoms last, and whether they are documented at each stage
- How the injury affects work and daily life: missed time, reduced duties, school accommodations, things you have stopped doing
- Objective testing, especially neurological findings and neuropsychological results
- Support from your treating doctors, including a clear opinion connecting the symptoms to the crash
- Liability: how clear it is that the other driver caused the collision
- Available coverage: the at-fault driver’s policy limits, and whether your own supplementary uninsured/underinsured motorist (SUM) coverage can apply if those limits are low
If the driver who hit you was working at the time, or driving someone else’s car with permission, an employer or owner may also be responsible. Our car accident practice page explains how those claims are built.
Why shouldn’t I settle early?
Because with a concussion, the early weeks often do not tell you how the injury will go.
An adjuster may call soon after the crash with an offer. It can feel like relief. But if symptoms are still changing, nobody yet knows whether you will recover in a month or still be struggling in a year.
Settling usually means signing a release, and a release generally ends your right to seek more later, even if things get worse. Before signing anything, read our explanation of settlement release forms.
The better moment to evaluate a concussion car accident settlement is when your doctors can describe where you are likely to land.
What if the insurer says I was partly to blame?
New York uses pure comparative fault under CPLR § 1411. If you share some of the fault, your recovery is reduced by your share. It is not wiped out. Our guide to shared fault in New York walks through how that works.
Seat belts come up here as well. Under New York law, not wearing one is generally not admissible on who caused the crash, but it may be raised to argue for reduced damages.
How long do I have to act?
Concussion symptoms can make deadlines easy to lose track of, so here they are in one place:
- No-fault application: generally within 30 days of the crash
- Police accident report (MV-104): each driver must file within 10 days if anyone was injured or damage exceeds $1,000
- Lawsuit against a private driver: generally three years under CPLR § 214
- Claim involving a city or other municipal vehicle: a notice of claim generally within 90 days under General Municipal Law § 50-e, and suit generally within one year and 90 days
Those dates run whether or not your head has cleared. Asking a family member to help keep track is a sensible step.
Who can help me sort this out?
Yakov Mushiyev & Associates is a Queens personal injury practice with offices on the Queens and Nassau line at 1 Cross Island Plaza. Clients come to us from across New York City and Nassau County, and the firm has brought in more than $80 million for people hurt in accidents.
The first conversation costs nothing, and we are paid only if we win. Because a concussion can make travel and long meetings hard, we can come to your home, to the hospital, or meet over video, in English, Russian or Spanish. If you are ready to talk, reach us here or call 718.775.3110.
If the brain injury is more severe, with bleeding, surgery or lasting deficits, our article on serious traumatic brain injury claims in NYC goes into those cases. Head injuries are also common in violent impacts like the ones described in our post on head-on and wrong-way crashes.
Frequently Asked Questions
Can a concussion count as a serious injury if my scans were normal?
It can. Normal CT or MRI results are typical with concussion. The serious injury question generally turns on objective clinical findings, such as neurological exams and neuropsychological testing, plus how long and how much the injury limited you.
How soon after the crash should I see a doctor?
As soon as you can, and again if symptoms change. Early records tie the injury to the crash, and follow-up visits show how it developed. Gaps in care are harder to explain later.
My symptoms started a few days after the accident. Is that a problem?
Delayed symptoms are common with concussion. Tell your doctor exactly when each one began and mention the crash. A clear timeline usually helps more than it hurts.
Do I need a neuropsychologist?
Not always. When fogginess, memory trouble or concentration problems last, though, formal testing is often the clearest way to measure them. Your treating doctor can tell you whether a referral makes sense.
Should I talk to the other driver’s insurance adjuster?
You are not required to give them a recorded statement. With memory and concentration affected, it is reasonable to speak with a lawyer first and let them handle communications.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a Queens car accident and concussion lawyer today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
This article is general information, not legal advice. Every case is different. Attorney Advertising.