Rear-end accidents are the most common type of car accident. In 2020, there were nearly 1.5 million rear-end collisions in the United States. Rear-end accidents can range from minor, low-speed collisions to forceful crashes causing serious injuries and extensive property damage.
In this article, we’ll walk you through a rear-end collision claim, from what to do right after the accident to how to prove fault and get compensation for your injuries.
What Is a Rear-End Accident?
A rear-end collision is what it sounds like—a type of accident that happens when one vehicle crashes into the back of another.
Common reasons for rear-end collisions include:
- speeding
- tailgating
- distracted driving
- driver fatigue
- driving under the influence
- hazardous weather conditions, and
- equipment failure.
Rear-end collisions often happen at low speeds, but they can still cause injuries. When drivers and passengers get hit forcefully from behind, they often suffer:
- concussions
- “whiplash”-type neck injuries
- spinal cord injuries
- back injuries, and
- airbag injuries.
Steps to Take After a Rear-End Collision
Getting in a rear-end collision is stressful, no matter if you’re the lead car or the tailing car. Taking these steps will ensure you follow the law and help you prepare for a potential car insurance claim or car accident lawsuit.
- Get help. If you or anyone else involved in the accident is injured, call 911. If no one is injured, call the police if property damage exceeds a certain amount set by state law (typically $1,000, but less in some states). A car accident police report can make or break a rear-end accident claim.
- Exchange insurance and contact Information. Give your name, address, driver’s license number, and insurance information to the other drivers involved in the crash, and be sure to get their information too.
- Find witnesses. Find anyone who may have seen the crash, including passengers and bystanders, and get their names and contact information.
- Gather potential evidence. Take photos of the accident scene and car damage. If the other car’s front end and your car’s rear end are both damaged, there’s no doubt you were struck from the rear and the other driver is likely at fault. Look around to see if there are any cameras in the area that might have captured the crash, like surveillance or doorbell cameras.
- Call your insurance company. Nearly all car insurance policies require policyholders to promptly report all accidents.
- Get medical treatment. If you experience pain or discomfort after the accident, don’t ignore it. Go see a doctor or other medical professional. The value of your personal injury claim is linked to your medical treatment and costs.
Proving Fault for Rear-End Collisions
Proving fault for a rear-end collision is often pretty straightforward. All drivers have a duty to stop safely if the vehicle in front of them stops. If you’re hit from behind, the person who hit you is almost certainly at fault for the accident.
But even if you’ve been rear-ended, your own negligence (carelessness) may affect your claim. For example, you might share liability (legal responsibility) for a rear-end accident if you:
- drove with one or both brake lights or taillights out
- reversed suddenly
- “brake checked” a tailing driver, or
- drove with a mechanical problem or flat tire without hazard lights on.
In most states, if you share blame for an accident, the value of your claim is reduced by your share of fault. For example, let’s say your claim is worth $10,000. If the tailing driver is 100% at fault, the value of your claim is $10,000. But if you’re 30% at fault, the value of your claim is $7,000 ($10,000 - $3,000). Learn more about contributory negligence.
How to Get Compensation for Rear-End Accident Injuries
If you’ve been injured in a rear-end accident, your ability to get compensation for your injuries will depend on who was at fault for the accident and the available car insurance coverage.
Filing an Insurance Claim Against Someone Else
If you’re the lead driver and the tailing driver is obviously at fault, you’ll file a claim with that driver’s liability policy. Liability insurance coverage provides compensation to people who are harmed by the insurance holder. You won’t have to pay a deductible when you file a liability claim and you typically don’t have to worry about your insurance rates going up. But liability claims typically take longer and the other driver’s insurance company is more likely to delay, deny, or lowball you than your own insurance company.
Using Your Own Insurance
If you are at fault for the rear-end collision or if you’re hit by an uninsured driver, you’ll likely have to rely on your own insurance to pay your damages. For example, your health insurance may cover your injuries and your collision policy may cover damage to your car when you caused a crash.
No-Fault Insurance
If you live in one of the dozen or so states that follow a no-fault insurance system, you’ll turn to your own personal injury protection for compensation first, regardless of who caused the accident. If your injuries are serious, or your accident-related losses exceed a certain threshold set by state law, you can step outside the no-fault system and file a liability claim or personal injury lawsuit against the at-fault driver.
How Much is Your Rear-End Accident Case Worth?
As with any car accident case, the value of your rear-end accident claim depends in large part on the nature and severity of your injuries and damages. "Damages" is another way of saying "losses," monetary and otherwise.
There are many ways to calculate the settlement value of an injury case. But in practice, most insurance companies calculate the value of car accident settlements based on two factors.
Economic Damages
First, add up all of your economic damages. Economic damages, also referred to as "special" damages, include things like your medical bills, lost income, rehabilitation costs, and other out-of-pocket losses you suffer because of the accident.
Non-Economic Damages
Next, compute the value of your non-economic damages. Also called "general" damages, non-economic damages compensate you for injuries like pain and suffering, emotional distress, and disfigurement, among others. They're usually calculated by multiplying the total cost of your medical treatment by a multiplier between 1.5 and 5.
In a case involving only minor injuries, a multiplier of 2 might be fair. A multiplier closer to 5 (and maybe even higher) will be used for more serious injuries and permanent disability.
How Long Will My Rear-End Car Accident Claim Take?
The answer, in most cases, depends on a couple of factors: How badly you were hurt and whether your case settles.
If Your Case Settles
If your injuries are minor and you settle with the insurance company, you can expect things to be wrapped up in a few weeks to a few months. If your injuries are severe, the settlement process will take longer. You don't want to settle until your doctor tells you that you've recovered as much as possible and your treatment is complete.
If You Have to File a Car Accident Lawsuit
If your claim doesn’t settle, you can file a car accident lawsuit against the at-fault driver in court. Don’t delay. Each state has its own filing deadline, called a statute of limitations, for car accident lawsuits.
At this point, you might want to consider hiring a lawyer. Filing a lawsuit isn’t easy. You’ll have to follow complex rules of procedure and evidence. A lawyer can help you get the best possible outcome in your case.
Many claims settle after a lawsuit is filed but before the case goes to trial. Should that happen in your case, you can expect the process to take between six and nine months, perhaps a bit longer.
Trial
Only a small percentage of car accident cases go to trial. Trials are expensive, time-consuming, and unpredictable. It likely will take between nine months and a year for your case to get to trial. If there are complex issues or other problems with the case, or if the court's docket is crowded, it might take longer. Some cases settle during or after trial. After the trial is complete, if the case doesn't settle, an appeal can delay the process even longer.
Do I Need a Lawyer After a Rear-End Crash?
Rear-end collisions are common. Fortunately, most of them are pretty minor. If your claim is straightforward, you might be able to handle it yourself if you’re organized and willing to learn how the car accident claims process works.
But having a knowledgeable lawyer on your side is worth it if your injuries are serious or your case involves complex legal rules, like contributory negligence. A lawyer can help you figure out how much your claim is worth and advocate for you in settlement negotiations and court.
Next Steps
To get your rear-end crash claim started:
- Learn more about types of car insurance coverage.
- Understand the basics of a personal injury lawsuit.
- Assess whether you need a car accident lawyer.
When you're ready, you can connect with a lawyer directly from this page for free.