# Broken bones after a car accident: how a fracture claim works

> How a broken bone from a car crash fits into an injury claim: surgery and hardware, lost wages, future care, records and impairment ratings.

Canonical page: https://accidentclaimfacts.com/injuries/broken-bones/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

Car accidents are one of the common causes of broken bones, and an X-ray or other imaging test usually shows the break. A fracture claim can include medical bills (sometimes surgery with plates, pins, or screws), lost pay while you cannot work, expected future care, and pain and suffering. In some no-fault states a fracture also decides whether you can sue the other driver for pain and suffering: New York and Utah both name it. Your state's filing deadline still applies, such as 2 years in Texas.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Common causes of fractures | car accidents, falls, or sports injuries | MedlinePlus |
| Surgical hardware that may hold a bone in place | plates, pins, or screws | Used in some cases; a cast or splint is more common |
| People injured in US crashes, 2024 | 2,422,195 | NHTSA estimate, all injuries |
| New York no-fault lost-pay benefit | 80% of lost earnings, up to $2,000 a month | For up to 3 years |
| Florida PIP disability benefit | 60% of lost gross income | Within the PIP limit |
| States relying on the AMA impairment guides | more than 40 | Widely used for work injuries |
| Time a provider has to answer a records request | 30 days | Under HIPAA |

## How fractures happen and how they are described

MedlinePlus, the National Library of Medicine's health site, defines a fracture as a break in a bone and names car accidents, falls, or sports injuries as common causes. One crash can break more than one bone, and each break is documented and treated on its own.

Doctors describe a fracture in ways that later appear in your records and in the insurer's file. MedlinePlus lists several:

- **Partial or complete:** whether the bone is partly or fully broken.
- **Open or closed:** an open (or compound) fracture breaks through the skin; a closed fracture does not.
- **Pattern:** the direction or shape of the break, such as a line straight across the bone.
- **Location:** which bone is broken. Facial fractures, for example, include breaks of the nose and jaw.

To confirm a fracture, a provider does a physical exam, asks how the injury happened and will likely order an X-ray or other imaging test. For a claim, that imaging report matters: it records the break on a specific date, close to the crash. Breaks involving the spine, skull or nerves raise other issues, covered in the [injuries guide](https://accidentclaimfacts.com/injuries/).

## Surgery, hardware and the medical bills

MedlinePlus says the most common treatment for a fracture is a cast or a splint, and that some fractures need surgery to put in plates, pins, or screws. Each stage creates records and bills: the ambulance, the emergency room, imaging, the surgeon and anesthesia, a hospital stay, follow-up visits, physical therapy and equipment such as crutches or a brace.

These costs are economic damages: losses with a price tag. Who pays them first depends on your coverage. Personal injury protection, medical payments coverage or health insurance often pays while the claim is open, and those payers may be repaid from a settlement. Our guides to [who pays medical bills](https://accidentclaimfacts.com/money/who-pays-medical-bills/) and the [types of damages](https://accidentclaimfacts.com/money/types-of-damages/) explain how this works.

> **Example:** A driver breaks a wrist when another car runs a red light. The emergency room bill, the X-rays, the surgeon's fee for placing a plate, the therapy visits, a wrist brace and the mileage to appointments all go into the claim as medical expenses.

## Time off work and lost wages

A fracture can keep you from working, especially if your job is physical or you cannot drive. Lost pay is part of most injury claims, and so is a lasting drop in what you can earn, called loss of earning capacity. Texas law, for example, says future loss of earnings includes loss of income, wages, or earning capacity.

In no-fault states, your own policy pays part of your lost income first, whoever caused the crash:

| State | No-fault lost-income benefit |
|---|---|
| New York | 80% of lost earnings, up to $2,000 a month for up to 3 years |
| Florida | 60% of lost gross income and earning capacity, within the PIP limit |

To prove lost pay, people usually gather pay stubs, a letter from the employer listing missed days and pay rate, tax returns if self-employed, and the doctor's notes on work restrictions. Our [lost wages guide](https://accidentclaimfacts.com/money/lost-wages/) covers this in detail.

## Future care and when a claim is valued

Some fractures need care long after the first months, such as more therapy or another procedure. Because a settlement is final once you sign a release, many people wait to settle until they reach maximum medical improvement, the point at which doctors expect no further recovery. At that point the doctors can describe what care, if any, is still ahead, and its expected cost can be included in the claim.

> **Warning:** Waiting to heal does not pause the filing deadline. It is 2 years in Texas, 3 years in New York and 1 year in Tennessee. If treatment runs long, a lawsuit may need to be filed to protect the claim. Check your state on the [state deadlines page](https://accidentclaimfacts.com/location/).

## Records that support a fracture claim

A fracture claim rests on paper. These records are the ones insurers usually ask for:

- ambulance and emergency room records;
- imaging reports, including the radiologist's reading of each X-ray, CT or MRI;
- the operative report, if you had surgery, which names the hardware used;
- follow-up notes from the orthopedic doctor and the physical therapist;
- work notes and written restrictions, such as no lifting or no driving;
- itemized bills, receipts and a mileage log;
- photos of the injury, the cast and any scars, and a short journal of pain, sleep and missed activities.

Under HIPAA, a provider must act on your written request for records within 30 days. Our guide to [medical records](https://accidentclaimfacts.com/claim-process/medical-records/) explains how to request them.

## Permanent impairment ratings

Some fractures leave a lasting loss of function. Once recovery has leveled off, a doctor may give an impairment rating: a measure, usually a percentage, of that lasting loss. Many doctors use the American Medical Association's *Guides to the Evaluation of Permanent Impairment*, and the AMA says more than 40 states rely on them as the accepted authority to rate permanent loss of function.

Ratings are built into workers' compensation laws. Texas workers' compensation law, for example, defines an impairment rating as the percentage of permanent impairment of the whole body, and it requires the AMA Guides to set it.

In a car accident claim, a rating works differently. It is evidence that an injury is lasting, not a formula that sets an amount. Even in work-injury systems, the AMA notes, a doctor's rating is often only one input into a complex disability and compensation calculation. The insurer may ask for its own independent medical exam, and two doctors can reach different ratings for the same injury.

## Broken bones in no-fault states

In most states, you can claim pain and suffering from the at-fault driver. A few no-fault states first require a serious injury threshold, and several name a fracture or permanent injury:

| State | Injuries that open a pain-and-suffering claim |
|---|---|
| New York | A serious injury, such as death, dismemberment, significant disfigurement, a fracture, or a permanent or significant limitation of use of a body organ, member, function or system |
| Utah | Medical expenses above $3,000, or death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, or a bone fracture |
| Florida | significant and permanent loss of an important bodily function, a permanent injury (other than scarring or disfigurement), significant and permanent scarring or disfigurement, or death |
| Michigan | death, serious impairment of body function, or permanent serious disfigurement |

> **Rule:** New York Insurance Law § 5104 allows no recovery for non-economic loss between covered drivers except in the case of a serious injury. A fracture is on the list, so it can open that door.

In Florida and Michigan a fracture is not named on its own; the question is whether the injury fits one of the listed categories. A licensed attorney in your state can explain how courts there apply the threshold.

## FAQ

### Can I make a claim for a broken bone from a car accident?

Yes, if someone else caused the crash. A fracture claim can include medical bills, lost pay, future care and pain and suffering. In no-fault states your own PIP coverage pays some costs first, and a pain-and-suffering claim may depend on meeting the state's threshold.

### Is a broken bone a serious injury under no-fault law?

In New York, yes: a fracture is one of the injuries the Insurance Law lists as a serious injury. Utah also names a bone fracture. Florida and Michigan use broader tests, such as a permanent injury or serious impairment of body function.

### How is lost pay handled when a fracture keeps me off work?

Lost pay is part of the injury claim against the at-fault driver. In no-fault states, PIP pays part of it first, such as 80% of lost earnings up to $2,000 a month in New York. Pay stubs, an employer letter and the doctor's work notes are the usual proof.

### Does an impairment rating decide how much a claim is worth?

No. A rating describes lasting loss of function. In workers' compensation it can feed into benefit calculations, but in a car accident claim it is one piece of evidence, and the insurer may dispute it with its own exam.

### Should I wait until my fracture heals before settling?

Many people wait until they reach maximum medical improvement, because a signed release usually ends the claim for good, even if more treatment is needed later. The filing deadline keeps running while you heal, so keep it in view.

### What records prove a broken bone claim?

The imaging reports, emergency and surgical records, follow-up and therapy notes, work restrictions, itemized bills and receipts. Photos and a pain journal help show how the injury affected daily life.

## Sources

- [New York State Senate, Insurance Law § 5104](https://www.nysenate.gov/legislation/laws/ISC/5104) — no recovery for non-economic loss except in the case of a serious injury
- [Texas Legislature, Labor Code chapter 408](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm) — workers' compensation impairment ratings use the AMA Guides
- [MedlinePlus (National Library of Medicine), Fractures](https://medlineplus.gov/fractures.html), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026
- [New York State Department of Financial Services, Auto Insurance Information for Consumers](https://www.dfs.ny.gov/consumers/auto_insurance), checked October 29, 2026
- [New York State Senate, Insurance Law § 5102(a)(2)](https://www.nysenate.gov/legislation/laws/ISC/5102), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 627.736(1)(b)](https://www.flsenate.gov/Laws/Statutes/2026/627.736), checked October 29, 2026
- [American Medical Association, AMA Guides to the Evaluation of Permanent Impairment: an overview](https://www.ama-assn.org/practice-management/ama-guides/ama-guides-evaluation-permanent-impairment-overview), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 41.001(10)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm), checked October 29, 2026
- [New York State Senate, CPLR 214](https://www.nysenate.gov/legislation/laws/CVP/214), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-3-104](https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/), checked October 29, 2026
- [Texas Legislature, Labor Code § 401.011(24)](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.401.htm), checked October 29, 2026
- [Utah Legislature, Utah Code § 31A-22-309(1)(a)](https://le.utah.gov/xcode/Title31A/Chapter22/C31A-22-S309_2026050620260506.html), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 627.737(2)](https://www.flsenate.gov/Laws/Statutes/2026/627.737), checked October 29, 2026
- [Michigan Legislature, MCL 500.3135(1)](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3135), checked October 29, 2026
- [NHTSA, Overview of Motor Vehicle Traffic Crashes in 2024 (DOT HS 813 791)](https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813791), checked April 1, 2026
- [HHS, HIPAA FAQ: How timely must a covered entity be in responding to individuals' requests for access to their PHI?](https://www.hhs.gov/hipaa/for-professionals/faq/how-timely-must-a-covered-entity-be/index.html), checked June 24, 2016