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A Guide to Car Rear End Accident Compensation

It is accepted that civil action for rear end accident compensation following a car crash is the leading cause for UK personal injury claims. However, as there have previously been a number of false claims involving whiplash injuries, it is becoming increasingly common for insurance companies to investigate any claim against their policyholders involving rear end car accidents.

While compensation claims for rear end car accident claims are frequent, no two cases are identical – even when victims suffer the same degree of injury – and, if you believe somebody else was responsible for causing your accident and injury, you are advised to discuss the matter with a personal injury solicitor.

Rear End Car Accident Definition

A rear end car accident occurs in any vehicle collision in which the injured party has been hit by another vehicle from behind. Whether you are qualified to receive compensation will be determined on the reason for the accident happening as well as the characteristics of the injuries you suffer.

Most rear end collisions are preventable and are usually because of driver errors. This can involve a failure to keep a safe distance, driving too fast or if the negligent driver is unobservant.

Rear end collisions can also be caused by drunk drivers, inattentive drivers and defective braking mechanisms. While negligence in these claims will still need to be ascertained, it is most commonly assumed by the law and insurance companies that the rear-ending driver is to blame.

Actions to Undertake Following Rear End Collisions

The actions to undertake following an accident are important, as they could affect the compensation value for a rear end vehicle collision. Many of the procedures are the same as any other road traffic accident and, as long as you are not in danger of injuring yourself further, you should exchange your insurance details with the driver of the other vehicle involved in the accident. The contact details of any witnesses present at the scene of the accident should also be obtained.

In a scenario where you or another passenger in your car has sustained an injury, the police and an ambulance should be summoned. If the police decide not to visit the scene of the accident, remember that your call will be recorded and can be used to support your compensation for a rear end car crash claim.

If your injury was not serious to the extent that you required an ambulance, you should immediately attend the Accident and Emergency department of the nearest hospital. If there were no immediate signs of an injury, but whiplash symptoms become evident soon after, you should make an emergency appointment to visit your family GP.

Should there be an extended time period between the accident occurring and being examined by a medical professional, the negligent party´s insurance company may state that your injuries were suitably inconsequential as to not be worthy of medical attention at the time of the accident, or that by failing to seek medical attention you worsened your injuries due to your own carelessness.

How to Make a Claim for Rear End Accident Compensation

If a vehicle collision has resulted in you receiving an injury, and you wish to make a claim regarding rear end accident compensation, the accident should be reported to the police if they did not attend the scene of the accident – particularly if the driver responsible fled the scene without providing insurance and contact details.

If the police believe a criminal act has occurred they will be eager to seek the driver of the vehicle which struck yours. The police report will be particularly beneficial for any claims regarding compensation for a rear end car crash you should make. This is particularly relevant in the scenario that the negligent driver is uninsured, or indeed if the driver cannot be found.

A “Letter of Claim” will then be sent by your solicitor to the negligent driver who has twenty-one days to respond to it, and a further ninety days for their insurance company to confirm or deny their policyholder’s negligence. In the case that liability is accepted, negotiations will begin between your solicitor and the insurance company in order to ensure the best possible outcome is achieved on your account.

If the insurance company rejects liability, you will need to consult with your solicitor whether a claim for rear end car accident compensation is worth pursuing through the courts. This will possibly depend on the strength of the claim, the evidence which has been gathered already and the amount of compensation you are likely to recover.

What is the Likely Compensation Value for a Rear End Vehicle Collision?

The compensation value for a rear end vehicle collision will depend on a number of factors. This includes the characteristic and magnitude of your injuries, whether you have suffered a decrease in your quality of life as a result and costs to cover expenses or lost income because of the accident.

The general damages you may be entitled to for physical and psychological injury following your accident are assessed against the Judicial College Guidelines for the Assessment of General Damages. You may also be eligible for loss of amenity damages in your rear end accident compensation if you are unable to perform everyday tasks or partake in leisure and social activities that would form part of your regular routine owing to your injury.

Higher compensation settlements are often made to passengers who make claims for compensation for a rear end car crash. This is due to the fact that these victims tend to be women and children, who are more likely to sustain a more severe injury due to weaker body strength. Injuries may also be worsened as, unlike the driver who is focussed on the road, passengers often do not have a split second in order to brace themselves against the impact of an accident.

Unsolicited Settlement Offers of Compensation for a Rear End Car Crash

When seeking rear end accident compensation, it is important to be wary of any unsolicited offers you may receive from insurance companies following an accident. In some scenarios your compensation value for a rear end vehicle collision can be affected. While rear end car accidents are often analysed thoroughly by insurance companies – and sometimes challenged – the insurance companies may make you an unsolicited offer of compensation for a rear end car crash in cases where the negligence of their policyholder is beyond doubt.

Before accepting such offers you should first consult your solicitor. While the opportunity to receive a quick resolution for your claim can be appealing, such offers seldom provide you with the full amount of compensation to which you may be entitled. These offers are made in order to save the insurance company money, and not to compensate for your injuries and any decrease in your quality of life.

It is important to remember that rear end car accident injuries are not always minor whiplash cases, and more serious injuries can occur. In such cases you may be without income for a period and, should you accept an offer of under-compensation from an insurance company, you will be unable to return later and ask for more money.

Further Information for Rear End Accident Compensation

In the situation where you qualify to make a claim of rear end accident compensation, legal advice should be sought from a solicitor instead of addressing the issue yourself or accepting unsolicited offers of compensation from an insurance company.

If you want to confirm that your claim for compensation for a rear end car crash is feasible – or would like to know the possible compensation value for a rear end vehicle collision – free initial consultations are offered by many solicitors in the UK. You may be offered “No Win, No Fee” legal representation if your claim for rear end accident compensation is considered likely to be successful and, although this will not be a guarantee of success, it will indicate how strong your claim is.

Building a claim to compensation for a rear end car crash is best done soon after an accident, and you are advised to consult with a solicitor as early as possible.