Rear End Collision Settlements
What's In This Article
Were you in a rear end collision car accident and feel entitled to a rear end collision settlement? If so, it is common to wonder what you should do next. You may also be wondering who is responsible for your accident damages and what a typical rear end crash is worth. Determining the value of rear end collision settlements is not always cut and dry, so read on to see what might be in your future after a rear end accident.
Rear End Collision Settlement Stats
Rear end collisions are among the most common types of auto accidents. For instance, in 2019, about 1.7 million rear-end collisions took place in the United States. Of these nearly two million accidents, about 1,700 people died and another 500,000 suffered injuries. Consequently, this makes rear end car accidents a top contributor to all highway accidents, injuries, and fatalities nationwide. However, even though rear end collisions make up around one-third of all accidents in the US, the outcome of each case will be different due to the specific details of the crash. Ultimately, the basis for your rear end collision settlement relies on many factors, including speed, distracted driving, and road conditions. All of these factors will play a role in the final rear end collision settlement amount.
What Causes Most Rear End Collisions?
The most common explanation for a rear end crash is the driver in the rear is driving too closely to the vehicle in front. Distractions also can lead to these accidents – most often, using a cell phone, talking to passengers, or adjusting the radio. Driver inattention is generally at the heart of most rear end collisions. Speed can also play a role in these situations, as it takes longer to apply the brakes the faster you are going. Inability to brake in time can result in a rear end collision.
There can be other factors, though. Poor weather conditions lead to many rear end accidents. A road that is slick with rain or snow or obscured by fog can cause many serious accidents. However, it is the responsibility of all drivers to drive safely. If a driver hits you from behind, he or she may be liable for your accident injuries.
What To Do After a Rear End Crash
After the accident, there are several vital steps to take right away to ensure a fair rear end collision settlement:
- Check for injuries: Even a low-speed, rear end crash can cause many injuries, like broken bones, facial lacerations, soft-tissue damage or whiplash. You should go to the hospital for a check, even if you think you are unhurt. Minor soreness right after a crash could turn into a severe injury after a few days. For that reason it is always safer to opt for an examination from a medical professional after an accident. You are more likely to receive compensation for your injuries if documented right away by a medical professional.
- Document property damage: Take pictures of your vehicle and the one that hit you. Also take photos of the road conditions as soon as possible after the crash. Take wide angle photos of the cars’ positions on the road before they move. Also take up close pictures of vehicle damage. If in doubt, photograph it.
- Obtain police report: No matter if the accident is minor or severe, your claim or lawsuit benefits from having a copy of the police report. If the other driver was negligent, it is likely noted in the police report.
- Contact insurance company: In the event of a rear end collision, it is important to give your insurance company all the information it needs as soon as possible. If you were rear ended by a semi truck or another commercial vehicle, make sure to get their commercial insurance information.
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Who Is At Fault in a Rear End Collision Accident?
In establishing who is at fault, state and federal laws, as well as insurance companies, will strongly favor the driver hit from the rear. Therefore, most rear end crashes are eventually blamed upon the driver in the back. This is because driving rules dictate that it is the responsibility of all drivers to follow from a safe distance. By ‘safe distance,’ we mean that the driver should be able to slow and stop in time to avoid hitting another vehicle or object. This applies regardless of why the car in front slowed or stopped.
That said, there are several factors that can reduce the level of rear driver liability:
- Unfavorable road conditions (icy, uncleared snow, potholes)
- Poor visibility due to weather conditions
- Missing or broken stop signs and stop lights
- Unsafe or unmarked work areas
Another factor to determine fault for rear end collision injuries is identifying any broken laws. For example, if a car makes a left turn at a red light into traffic and is then struck from behind by a car with right of way, the car in the rear may not be completely at fault. The driver in front also may be negligent. Additionally, other factors that can influence fault are whether the car in front had working brake lights or if the driver suddenly went into reverse without warning.
What Factors Determine a Rear End Collision Settlement Amount?
The easiest aspect of your claim to calculate is the economic damages. As the name implies, these are the things that have a direct financial impact on you and your family. Common examples include the following:
- Deductibles and other health insurance payments
- Cost of damages to your vehicle or other personal property
- Loss of income from missed days of work
- Late penalties and fees for missed bills
- Funeral expenses
- Estimates of future expenses related to injuries
Your attorney can work with your doctor to ensure you get all the documentation you need. If you do not yet have a lawyer, then be sure to save and safely store all receipts, invoices, medical records and other documentation related to the crash and its aftereffects.
Also known as “pain and suffering,” non-economic damages are a lot more difficult to estimate. One of the most common ways to calculate this amount is to add up all the economic damages and multiply the amount by a number ranging from one to five. The more severe the damages caused by the crash, the higher the multiplier used. Here are a few other factors that may lead to increased non-economic payments:
- Gross negligence on the part of the driver, the company that hired them, the manufacturer or the insurance company
- Loss of a loved one
- Development of permanent, life-changing disabilities
- Development of PTSD or other psychological problems
- Presence of dependents who relied on the support of the injured or deceased person
- Dash cam footage or consistent witness statements that make determining fault easy
Typical Factors In Determining Fault in Rear End Collision Settlements
Rear end collision settlement damages can vary from minor bumper damage with no injuries to a totaled vehicle with serious personal injuries, such as whiplash, back and neck injuries, head injuries, brain injuries, lacerations and other injuries. There are many factors that determine how much a rear end collision settlement may be worth, such as:
- Type of injuries sustained
- Severity of injuries
- If injuries incurred affect your daily living or ability to work
- Long term effects of injuries
- Pain and suffering in addition to your physical injuries
- Damage that occurred to your personal property (ie your vehicle)
- Medical expenses incurred as a result of the rear end collision
- Who was at fault for the car accident
- Usage of seatbelts
There is no precise calculation that will determine how much you will get in a rear end collision. Your personal injury attorney can help you to understand the types of settlements and judgments decided in your area in similar circumstances. Generally, however, remember that the more extensive your injuries and property damage, the higher the possible settlement. Below is a closer look at the key aspects of a rear end accident case that ultimately determine the level of compensation.
Your Liability as a Factor in a Rear End Collision Settlement
- Brake checking the driver in the rear by slamming on the brakes for no reason
- Suddenly reversing
- Driving with a flat tire or a mechanical problem
- Driving distracted and then slamming on the brakes too late to avoid an object or pedestrian in the road
- Failing to repair a broken brake light
Unless the accident involves one of those scenarios, it is most likely the tailing driver will be liable.
What will be the cost to repair your vehicle? Some damage is obvious, such as a crushed bumper. But not visible to the naked eye could be substantial damage to the frame of the vehicle. Therefore, it is smart to have your vehicle completely checked over by a mechanic after the rear end crash. You may also need to consider damage to items inside the vehicle, such as the cost to replace children’s car seats that were present or possibly in use at the time of the crash.
Medical and Related Expenses
There are many potential medical costs incurred due to a car accident. The at-fault party and/or their insurance company may be responsible to cover the following expenses and more:
- Ambulance ride
- Prescription drugs
- Hospital stay
- Doctor visits
- Physical therapy
- Physical and mental pain/suffering
The amount you may receive in a rear end car accident will vary tremendously. The idea behind compensation for your accident injuries is to ‘make you whole again.’ This means that the compensation received should be enough to put you in a place where you would have been if you had never been rear ended. What that amount would be will hinge upon your property damage, medical bills, time missed from work, pain and suffering and other factors. Getting rear ended on a motorcycle, for example, will often result in much more serious injuries and will usually mean a larger settlement.
Compensation for Rear End Collision Injuries
Determining liability in a rear end collision settlement will consider all the previously mentioned scenarios and others. The ability of the driver in front to receive rear end collision injuries compensation will depend upon many factors. In addition to compensation for physical injuries, drivers may also receive payment to cover pain and suffering. Pain and suffering after a rear end collision can include both physical and mental trauma caused from the accident. If any of your injuries prevent you from working or affect your daily routines and habits, you may be additionally compensated for that. An accident attorney can assist in analyzing specific accident factors to determine liability and potential compensation in your case.
What Injuries Can Happen From a Rear End Collision?
- Whiplash – The most common injury from a rear end collision is whiplash. Whiplash occurs when the head is rapidly jerked forwards and backwards. It may result in neck pain and stiffness. Always consult your doctor after whiplash occurs to determine the severity and necessary treatment. Whiplash settlements can vary widely depending on the grade of whiplash and severity of the injury.
- Broken or fractured bones – It is not uncommon for a driver who is rear ended to suffer from breaks to their wrists and arms. This is typically because they are gripping the steering wheel at the time of the impact. In high impact crashes, it is also possible to break leg bones or ribs.
- Back, neck, and spinal cord damage – Even at lower speeds, an impact can have a serious effect on your spine. A herniated disk occurs when the connective tissue between your vertebrae becomes damaged and moves out of place.
- Head and brain injuries – Concussions or broken facial bones may occur if your head strikes a part of your car. Brain injuries can also occur from the sudden movement of your head. These injuries are often serious.
- Soft tissue injury – Soft tissue injuries are damage of muscles, ligaments and tendons. This happens when your body is jolted by the force of the impact. The end result is sprains or contusions which can cause pain and swelling of the affected area.
- Airbag or seatbelt inflicted injury – Even though the purpose of airbags and seatbelts is to save lives, this doesn’t mean that these safety features won’t inflict damage. Seat belts can cause bruises and lacerations to the torso and neck. When an airbag deploys, it may cause burns, contusions, or breaks to your face.
- Death – Wrongful death of driver and/or passengers is an unfortunate reality of rear end collisions.
Rear End Collision Settlement Process
To receive compensation in a rear end collision settlement, the first step usually is to file a car accident claim with the at fault driver’s insurance company. It is possible that the claim will need to be litigated in court, but most rear end collision settlements end up settling out of court. Going to court is expensive and can take weeks to years to settle depending on the severity and complexity of the case. Filing auto accident lawsuits and taking cases to court is usually not necessary in a rear end collision settlement. Negligence in these accidents is generally clear.
Most rear end crashes are resolved and compensated without a lawsuit ever filed as part of a car accident settlement. This occurs during early settlement negotiations. If this happens, it generally means the following:
- Accident injuries are minor and probably will not get worse over time
- You did not have any pre-existing injuries that the accident made worse
- The driver who hit you was purely at fault
- The at fault driver had insurance at the time of the crash
In such cases, there is little to argue about in court. That will become clear in the first month or two, which is when a settlement is most likely. This means the insurance company who represents the liable driver will write a settlement check to you.
What To Expect From the Insurance Company
Typically, the insurance company for the at-fault driver make a rear end collision settlement offer to the party who has been injured. The initial offer from the insurance company may be inadequate, so be ready to negotiate by proving how much your damages are, including lost income. If the accident involves substantial medical bills and pain and suffering, it would be wise to enlist the help of an attorney at this point.
A car accident attorney will be invaluable in the investigation process, as the details of the accident are collected and reviewed. At this point, your lawyer may file a lawsuit on your behalf against the insurance company or the at-fault driver if they were uninsured at the time of the crash. If you yourself were not insured or did not have uninsured motorist coverage, it is a good idea to enlist the help of a car accident lawyer to get you compensation for the rear end collision.
When Will I Receive Compensation From a Rear End Collision Settlement Offer?
After reaching a settlement agreement, you might be wondering how long it will take until you receive your compensation. For cases with minor crashes and minor damages, cases typically take 30 to 90 days. If your case goes to court, it could take years for a settlement to be reached. After signing the release for a rear-end collision, your car accident attorney will return the signed copy to the insurance adjuster. It will be reviewed and a check will be sent back to your attorney within weeks. After your attorney has taken their portion of fees from the settlement check, you should receive it within 2 to 6 weeks.
What Determines the Final Compensation?
There are several different factors that contribute to the final settlement value you are awarded. This payout can range anywhere from just a few thousand to several million dollars. Here are some of the factors affecting compensation when looking at rear-end collision settlement examples:
- Vehicles: If the vehicle rear-ended is much smaller than the following vehicle, this can cause more severe damages. Semi-truck settlements where a trucker rear-ends a smaller car is an extreme example of high costs associated with this.
- Negligence: If the rear-end collision was a result of negligence and led to serious damages and injuries, courts tend to be more likely to award higher non-economic damages.
- Parties: When a company is liable, judges often tend to mete out harsher punishments. These cases most often involve gross negligence.
- Speed: Even small vehicles can cause serious damages to larger ones if the driver is speeding. Speeding is also often tied to negligence, which may increase payouts.
- Injuries: The more severe a person’s injuries, the higher the likelihood of obtaining bigger payouts. This is true even when the result is death.
What’s the Average Rear End Collision Settlement Amount?
Because of the multitude of factors that go into a rear end collision settlement, and the different ways injuries can happen and fault can be allocated, there is a very wide range of settlement amounts for rear end car accidents. Below are some actual settlement examples, which will illustrate an important point… the average settlement for a rear end car accident is going to be the result of a bunch of smaller settlements and a few huge settlement amounts added together. As a result, it’ll look like the average settlement for a rear end car accident is in the range of $20,000 to $30,000, when in reality it’s probably closer to $10,000 or $15,000 but is being skewed by a few 6 and 7 figure rear end collision settlements.
Simply put, there is no average rear end settlement amount that can be provided in the case of a rear end collision. There are many factors involved, but it is also important to consider the insurance companies and policies that come into play. The best way to get a general idea of how much you may be able to expect from a payout would be to speak with an accident attorney who can go over the specifics of your case with you.
Rear End Collision Settlement Amount Examples
Below are a few real life rear end collision settlement examples. These can give you an idea of what your car accident settlement might look like. Keep in mind, all car accidents are different, every state has different laws and insurance requirements, and as a result, only an auto accident attorney in your state can give you a true accurate idea of what your rear end collision settlement may be. Most offer free consultations and will give you a case evaluation to see how much your settlement might be.
- $400,000 Rear End Collision Settlement: Husband and wife were in a rear end collision. The husband had a herniated disk while the wife suffered whiplash. But the at-fault driver’s insurance company initially refused to compensate the medical expenses. Following a demand letter and extensive mediation, a settlement was awarded to the couple to cover medical expenses, property damage, lost wages, and pain and suffering.
- $120,000 Rear End Collision Settlement: Client was involved in a multi-car accident where she was hit from the rear by a drunk driver. The client suffered from a serious lower back injury that required surgery, therapy and caused long term pain and suffering.
- $90,000 Rear End Collision Settlement: Client was rear ended by a pickup truck. This broke her driver’s seat and led to a rotator cuff injury. She was compensated for property damage, medical expenses, lost wages, and pain and suffering.
- $25,000 Rear End Collision Settlement: Client was rear ended at a stop sign. While damage at the scene was minor, he awoke the next day with serious neck and low back pain. He suffered from multiple herniated disks. His medical bills, including extensive physical therapy, was paid for by the at-fault driver’s insurance company.
- $75,000 Rear End Collision Settlement: A vehicle failed to stop at the intersection of a major highway and rear-ended a woman at the stoplight. The woman suffered neck and back pain and went to the emergency room. She underwent surgery to fix herniated disks. The woman sued the driver, but he did not respond to the lawsuit. She then sued her insurance company based on uninsured motorist coverage.
Actual Rear End Collision Settlement Story: Stacy, Los Angeles, California
Facts- How The Rear End Collision Happened
On November 4th 2019 I was stopped at a red light on Lincoln Boulevard & Olympic in Santa Monica California when suddenly I was rear ended by a large Range Rover causing my injuries and damages. I called 911, and officers arrived on scene shortly after. They took my statement and also spoke with the driver that hit me. The force of the rear end collision caused my vehicle to be a total loss. I had it towed home later that evening. The police officers provided me with the others drivers insurance information and gave me a report number so I could order the police report myself. Officers on scene told me they gave the other driver a ticket for speeding, so I knew that I would not be placed at fault.
Injuries Sustained in the Rear End Collision
Immediately after the rear end collision, I was shocked, scared, and nervous. I returned home later that evening and began experiencing the onset of pain and discomfort throughout my body. I felt burning pain in my neck and low back. The pain was radiating to my right leg, and I had never experienced leg pain like this before in my life. I attempted to relieve my ailments via the use of home remedies such as hot/cold packed, rest, and over-the-counter-medications such as Advil and Tylenol. Unfortunately, these methods failed to relieve my pain and symptoms and at this time I decided to seek professional medical attention for my injuries.
On November 9th, 2019 I presented to Better Health Chiropractic in Santa Monica California for treatment of my injuries. I had neck, low back, mid back and right shoulder pain and discomfort after the car crash. I began experiencing headaches, along with anxiety and insomnia. I started treating with the Chiropractor 2-3 times a week for 6 weeks. My pain and symptoms failed to subside, so my Chiropractor prescribed me an MRI of my cervical and lumbar spine.
I presented to Expert MRI in Los Angeles California for a lumbar and cervical MRI. The MRI’s revealed the following:
- L1-2: 1 mm disc protrusion indenting thecae sac.
- L3-3: 2.5 mm protrusion with annular tear
- L4-5: Mild disc desiccation with 1.5 mm disc bulge
- L5-S1: 4 mm disc herniation associated with nerve root impingement and annular tear
- C2-3: 2 mm protrusion
- C3-4: 1 mm protrusion. Disc material indents thecal sac. Annular tear seen at this level
- C4-5: 3-4 mm protrusion with abutment on bilateral exiting nerve roots and mild to moderate bilateral neural foraminal stenosis
- C6-7: 3 mm disc protrusion indenting the thecal sac. Annular tear seen at this level with bilateral neural foraminal nerve root impingement.
- C7-T1: 5 mm protrusion abutting the bilateral exiting nerve root with mild to moderate neural foraminal stenosis.
Two days later, my Chiropractor received the results of my MRI’s. As a result of the positive findings on my MRI, the chiropractor referred me to a pain management physician to go over the results with me.
I got an appointment with Dr. Abi, M.D., a pain management specialist in Santa Monica California. At this time, my neck and low back pain had progressively worsened. My pain levels were at 7/10. Dr. Abi went over the results of my MRI’s with me. I was shocked to discover that I sustained significant disc protrusions (known as disc herniations) in both my neck and low back. Prior to the accident, I never had neck or low back pain. Due to my ongoing pain, Dr. Abi recommended that I undergo a lumbar epidural injection. At first, I was apprehensive to move forward with the recommended injections, but I knew that the other drivers insurance company had accepted liability and was legally required to pay for any damages and medical expenses that I incurred. With this in mind, and after discussing the procedure with my family, I elected to proceed with the recommended injections.
In January 2020, I presented to Dr. Abi’s outpatient surgery center fort the epidural injection. I was scared to get an injection, however my neck pain became unbearable and interventional treatment seemed to be the only answer. The procedure went well and provided me with some much needed pain relief. I returned home later that evening and rested. The next 2-3 weeks I continued seeking treatment with my chiropractor.
Two weeks later, I returned for a follow up visit with Dr. Abi. My pain levels came down to 4-5/10 which was a relief. Dr. Abi recommended that I begin physical therapy 2-3 times a week for 4-6 weeks. Dr. Abi provided me with a prescription for physical therapy, so it was easy to get an appointment.
I started treatment with On Star Physical therapy in Santa Monica California per Dr. Abi’s recommendation The goal of physical therapy was to decrease pain, and improve my active range of motion. My neck and low back pain was still present, and would occasionally keep me up at night. I continued treatment with On Star Physical Therapy for 5 weeks prior to being discharged with instructions to continue with a home exercise program for 4 weeks.
At this point, I was feeling a lot better and my pain and symptoms had significantly decreased. I knew that it was time to gather all of my medical records and send a settlement demand to the other drivers insurance company to receive a settlement for my injuries and damages, along with pain and suffering and any out of pocket expenses.
Negotiations & Final Rear End Collision Settlement
The other driver was insured with USAA Insurance Company. On February 1, 2020 I sent a rear end settlement demand letter to his insurance company. I made sure to include a copy of the police report, and all of my medical records and bills from the treatment received.
At this point, my medical bills were about $17,500. I gave the insurance company two weeks to respond to the rear end collision settlement demand. On February 13, 2020 the insurance adjuster called me and tendered the other drivers policy limits of $25,000 to settle my case.
I Was Rear Ended, Should I Get a Lawyer?
This article should give you a good overview of what to do in the case of rear end collision injuries. If you have any further questions, it is recommended to speak with a car accident lawyer. They will be able to review your case – including your medical records and police report – to determine if there is the possibility of making a personal injury claim. Lawsuit Info Center can help you receive the rear end collision injury compensation you deserve.
More than 550,000 Americans are hurt every year when hit from behind in their car, accounting for one third of all car crashes with injuries. That means rear end accidents account for more car crash injuries than any t-bone, head on, and other types of car accidents.
The most common causes of rear-end accidents are:
Tailgating: Most states have laws that require drivers to follow behind you at a safe distance. Safe drivers should allow at least three seconds for stopping if the car in front of them stops suddenly.
Distracted driving: Eating, drinking, cell phone usage, listening to loud music, putting on makeup, talking to passengers, etc are frequent causes of rear-end crashes.
DUI: Drugs and alcohol damage our ability to drive safely, greatly affecting reflexes and reaction time.
Sudden stops: A sudden stop can cause a rear-end crash, but it is not usually a reason to blame the driver in front for the accident. Drivers can have to stop suddenly for many reasons, such as a child running into the street.
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If you are hit from behind in your car, you should first check that you are ok. Get immediate medical attention if you have any injuries. Next, call the police and make sure an accident report is written. Also, call your insurance company and notify them that you were hit from the rear.
Most of the time, the car that hit you from behind is liable for the accident. If you live in a no-fault insurance state, you can file a claim with the other driver’s insurance policy. But you could be limited to your auto insurance policy’s med-pay or personal injury protection to cover your injuries.
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While the driver in the rear is usually at fault for a rear-end accident, there are situations where the insurance company may say that you were partially at fault for the crash. For instance, if one of your brake lights is out, the driver may not have seen that you stopped. If you are in a situation where fault is being contested, talk to a personal injury attorney immediately.
Most states have comparative negligence rules. This means you can get compensation from the other driver if you were partially at fault for the accident. Compensation will be reduced in proportion to your blame for the accident. Most states do not allow you to collect damages if you are more than 50% to blame for the accident.
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There are some exceptions to rear-end liability:
If you were driving in front erratically or recklessly, it could have been impossible for the rear driver to avoid an accident.
If the driver in front stops in a lane of traffic suddenly and does not put out flares, a rear-end accident is likely to occur.
If the driver at the rear is driving slowly and at a safe distance in poor weather, it may be impossible for him to stop.
If the driver at the rear is driving at a safe distance and speed behind the front vehicle, and a third vehicle hits that vehicle from behind, which pushes the second car into the first.
Generally, if you are hit from behind and fault is uncontested, you may be able to handle the claim without an attorney. But if fault is being contested, and/or there are serious injuries, speak to a personal injury attorney right away.
Rear end collisions are the most common type of accidents we see on the road. They happen often in major cities, where there is frequently stop-and-go traffic and distracted drivers aren’t quick enough to respond and brake. Other causes of rear end accidents include speeding, bad weather and tailgating. After being involved in a rear impact collision, you must first ask yourself, who was at fault? Generally, in a rear end collision, the driver coming up from behind and failed to stop is found to be at fault for the accident. So if you have been rear ended, it is most likely not going to be your fault.
Now, you need to ask yourself if you have any pain after the accident. Some injuries such as whiplash are not always apparent right away. Do not hesitate to be seen by a doctor, even if you feel your injury is minor. They might find other serious injuries such as head trauma that you aren’t aware of. The most common injuries sustained in a rear end collision include whiplash, seat belt/shoulder injuries, back/neck/spine injuries and face/head injuries. Because of the various types of injuries a victim can suffer from a rear end collision, it is impossible to pinpoint an exact payout in which you may receive as compensation.
Some examples of settlements received by rear end accident victims include:
- $300,000 received for a broken hand and bulging disc
- $50,000 received for a broken wrist and whiplash
- $126,000 received for a head injury and compensation to cover therapy bills
The first settlement offer you get for a rear end car accident is rarely the best offer the insurance company is willing to make – especially to a claimant not represented by a car accident lawyer. While there are always exceptions, and if you think you got a fair rear end car accident settlement offer, there’s something to be said for getting compensated, getting closure, and moving on with your life.
That said, typically the first offer given is a very small amount. This is especially true of whiplash settlements, a very common injury in rear end car accidents, and one where the injury doesn’t show up on x-rays. If you are unsure about the offer given, contact an attorney and ask for a free consultation. Generally they will be happy to review your incident and can give you a ballpark of what compensation you may be able to get out of the collision. Before you make a final decision about whether to accept or reject a rear end collision settlement offer, you need to review the decisions you have and consider the factors that can impact the estimation of your case.
Every auto accident is different and there are many unique factors that go into determining how much your rear end collision settlement will be, since the range of injuries one can sustain from being involved in a rear-end collision is wide. Depending on the severity of your injuries and property damage will determine if you receive more or less compensation. The factors that will go into your car accident settlement are:
- Medical bills
- Estimated ongoing medical treatment for your injuries
- Lost income
- Property damage
- Pain & suffering multiplier
The pain & suffering multiplier will range from 1-5 depending on how severe your injuries were. Minor whiplash injuries may have a multiple of 1-2, whereas broken bones and traumatic brain injuries (both of which are unfortunately very common in rear end car accidents) can result in larger pain & suffering multipliers.
The amount of your rear end collision settlement may also be affected by the type of insurance policy you have, and the state laws concerning auto insurance requirements and fault in the state where the rear end crash occurred. If you were found at fault, you may not be able to receive any compensation.
In order to maximize the amount of compensation you receive will also depend on how you document what happens following the accident. In addition to taking pictures of all vehicles and road conditions, you should rapidly seek medical treatment at the earliest opportunity. Be sure to adhere to your specialist’s instructions and continue seeking treatment without long periods of time to pass between treatments.
Be sure to file a police report and once the mishap is reported, it’s usually a good idea to contact a personal injury attorney – most will offer a free initial consultation and case evaluation.
After reaching a settlement agreement, you might be wondering how long it will take until you receive your compensation. After signing the release for a rear-end collision, your attorney will return the signed copy to the insurance adjuster. It will be reviewed and a check will be sent back to your attorney within weeks. After your attorney has taken their portion of fees from the settlement check, you should receive it within 2 to 6 weeks depending on how expeditious your attorney is. If you have not received your settlement check within 6 weeks, there may be an issue and you will need to address that with your attorney.
After being involved in a rear-end collision and sustaining injuries, you might be curious as to how much compensation you will be owed. The best way to figure out an estimated settlement value is to use our rear-end collision settlement calculator. Our calculator follows a general formula by adding the following expenses together:
- Income lost during recovery time from your injuries
- Medical bills (past and estimated future bills)
- Damage to property
Once you have totaled the sum of those expenses, a multiplier will be applied to that sum and the number is usually 1-5 that will represent pain and suffering. If the injures sustained are severe and everyday altering that cause continuous pain, the number will generally be on the higher scale, either a 4 or 5. If the pain is less severe and doesn’t require a lengthy recovery, the number will be lower.
Every rear end collision is different with unique factors making it difficult to determine exactly who might be at fault. Generally, the driver of the vehicle who hits the car in front of them is deemed to be at fault. However, as stated above, every situation is unique and it is not always the case. If the person in front of you is driving negligently and slams on their brakes causing you to rear end them, it’s possible you may not be cited as the faulted party. Unfortunately, in most cases the driver who strikes the vehicle from behind is found at fault. Driving 101: maintain a safe distance from the vehicle in front of you. By doing so this allows you have enough time to react and brake safely without causing a collision. Drivers are unpredictable and it’s difficult to determine their next move. To avoid these types of accidents:
- Keep your distance from the vehicle in front of you
- Be aware of hazardous surroundings (animal crossings, construction zones weather etc.)
- Maintain a safe speed
When it comes to being involved in a chain reaction collision, it can be difficult to determine who the at-fault party is. In the scenario you become rear ended and forced to hit the car in front of you, you must consider many unique factors that will help determine the fault. If you were stopped or following too closely behind the car in front of you, it is possible that you may be deemed partially at fault. Also in such a situation, the center vehicle is often found at fault and sued by the lawyer who represents the vehicle that was hit by you. However, generally the person who caused the chain reaction collision is typically the party found at fault.
Car accidents can leave you frazzled and confused as to what steps to take next. If you and the other party involved are not experiencing any injuries and neither party has any vehicle damage, it may not be necessary to contact an attorney. However, it can be frustrating dealing with other drivers insurance companies and although neither party is experiencing any injuries directly after the accident, it’s possible for injuries to develop over the next few days after following a collision. There is no harm in contacting an attorney in this situation and in the end, might actually benefit you by covering all your bases and leaving no room for error. In the scenario where neither party is injured and neither party has property damage, it’s best to thoroughly document everything by exchanging all the necessary information including insurance info, taking pictures of the accident and documenting any previous damage to the vehicles. The following steps to take would be to get examined by a medical professional to see if any injuries are actually present as well as contacting an attorney to find out what your options are. Since legal counselors are so educated about their subject matters, they can give important advice about what to do in your specific situation.
Unfortunately, when you become involved in an accident even if the accident was not your fault, it may affect your insurance premium. This will vary from each insurance company as well as what state you are in. It’s hard to wrap your head around why insurance rates would go up due to the negligence of others but insurance rates will go up depending on how risky of a driver you are. The more accidents you are involved in whether or not it was your fault, the higher your rates will increase. You can think of it like health insurance. If you are a healthy, young adult with little history of illness it is most likely your health insurance won’t cost very much. However, an older adult with health complications is considered high risk and will typically result in higher insurance rates. Since car insurance is about risk, the more mishaps you have, the higher likelihood that you will be associated with more accidents, resulting in higher premium rates regardless if you were at fault or not.
To be involved in a rear-end collision involves another car crashing into the vehicles in front of them from the rear. Oftentimes these types of collisions are minor known as fender benders, however, they can also be extreme causing severe injuries. Even though it may appear there are no major damages to either parties vehicle, you still have a checklist of things to do after the accident. Steps to follow include:
- Making sure everyone involved is okay
- Contact law enforcement to file a police report
- Contact your insurance company
- Exchange insurance information and contact information with all parties involved
- Photograph all vehicles involved
- Seek a medical professional as soon as possible as a precaution
- Contact a personal injury attorney
Often, victims of rear-end collisions do not seek medical treatment due to the idea of a fender bender being minor. Although, the accident may seem minor, never fail to seek medical attention after a collision.
Every insurance company is different with different policies. So to get a straight yes or no answer it would need to come from your insurance provider. However, if you got rear-ended, your claim would be filed against the other drivers insurance due to the other driver being the at-fault party. This should not affect your insurance nor would you be liable since you were not found at-fault. This answer will also depend on how many accidents you have been involved in within a 3-5 year period.
Typically in rear-end accidents, it is the rear driver who tends to be found at fault. But this is not always the case! Liability is not automatically placed on the rear driver for many reasons and may find fault on the lead driver. Determining who is at fault is crucial because that will decide which driver will be liable for damages sustained from the collision. While trying to prove whom the negligent driver was and determine fault, you must understand how these types of accidents can happen. Reasons for being found at fault in a rear-end collision include:
- Tailgating too closely
- Stopping abruptly
- Distracted driving (cell phones)
- Failing to yield to the right of way vehicle
- Driving while intoxicated
- Brake light failures
- Road rage/purposely trying to get hit
- Failing to use turn signals.
Rear-end collision settlements are the most common types of accident claims. The amount of money and types of damages that occur during a rear-end collision can differ immensely. An average settlement for a rear-end collision is hard to place an exact number due to the various factors that go in to determining how much compensation should be owed. A settlement is hard to configure due to both palpable and impalpable expenses. Costs such as medical expenses and wages lost are easily calculated, however, determining how much pain and suffering is worth is a little more challenging. Other expenses to incorporate into a settlement, which may affect how much money you will get if you’re ever rear ended include:
- Insurance costs
- Medical expenses
- Loss of income
- Legal fees
- Property damage
- Quality of life
There is no exact number to be given because each rear end collision is different. Totaling up these damages and configuring how much money a victim may get will increase due to the severity of the accident. But generally an easy way to get some idea of estimating how much money you will get is to multiply direct expenses by 1.5 – 4. If your direct property damages were $1,000 your settlement estimation would be some area between $2,500 and $5,000.
Some example of rear end collision settlements include:
- Rear-end victim suffered from neck injuries later requiring surgery. Settlement amount was $537,500 and $58,158 in Workers Compensation benefits.
- A couple was rear-ended and pushed into oncoming traffic suffering abdominal and spinal injuries. Their settlement amount was $2,331,075.
- Woman rear-ended by a sanitation truck suffering multiple injuries and a total of six surgeries. Settlement amount was $4 million.
Most of the time rear-end collisions are minor accidents leaving the drivers or passengers with little to no injuries and trivial property damage to the vehicles. Although, injuries and damage may be minor, they are still present and still require a course of action. First things first, you must always exchange insurance as well as contact information with the party involved. It’s not always necessary to contact the police if injures are unapparent and damage is minor however, if the other party is uncooperative in exchanging information it’s best to include law enforcement to enable you to acquire this data. In some cases, the accident may be minor however the victim may suffer from emotional stress and request compensation from the liable driver. This is another favorable reason why one would want to involve the police in a minor rear-end collision.
Before a settlement can be fully resolved, there’s a process to prove you are the party who is owed compensation resulting in a lengthy time frame. Each case is different but basically follow the same guidelines. Phases include Pleading, Discovery phase, Trail and possibly an Appeal. There is the choice to settle the case through insurance before achieving preliminary.
Small Claims: Small claims in which the accident was minor and damages were minimal usually become settled with insurance and can take up to 30-90 days to resolve. Now that the claimant has settled with insurance they can no longer sue the liable party.
Discovery Phase: In this phase, each party gathers statements, documents, witnesses, specific timelines and any important facts that will benefit them to win the case. This phase typically takes up to 6 months to a year following the claim’s recording.
Mediation or Trial: After the Discovery phase the court will allow the parties to have and elective gathering and urge them to achieve resolution with the assistance of a neutral mediator. Thus, allowing them to skip the whole trial process. However, if both parties refuse to come to an agreement the case will go to trial and can take up to 2 years before even seeing the inside of a court room.
There are many different variables that influence the estimation of a rear-end collision settlement. Factors that will likely affect the settlement amount include:
- Injuries sustained
- Property damage
- Personal interference (wages lost, medical expenses, future medical expenses, immobility)
- Driving history
- Pain and suffering
- How many parties shared fault in the accident
- Location (settlement laws differ from state to state)
Rear-end car accidents are frequent and the most common form of accident that occurs on the road jolting victims while commonly at a complete stop. Rear-end accidents may also be referred to as “fender benders” meaning, the front bumper of one vehicle (the vehicle at-fault) hits the back of the car in front of it. Typically these accidents are minor, occurring is slow traffic usually by distracted or tired drivers. However, rear-end accidents can happen anytime and anywhere. Common injuries sustained from rear-end collisions include:
- Broken bones
- Brain trauma
- Spinal trauma
- Broken ribcage
- Herniated disks
It’s advised for any individual who is involved in a rear-end collision to seek immediate medical attention and contact a personal injury attorney as soon as possible. To learn more, contact Lawsuit Info Center for information about rear end collision settlement.
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