Rear-Ended in a Car Accident

Here’s When You Can File a Personal Injury Claim

Rear-end collisions are among the most frequent types of road traffic accidents, so it’s not surprising if you’ve been rear-ended in a car accident, you may want to claim compensation. Being rear-ended not only causes physical injuries, but also poses financial implications if your car is damaged, such as no transport to work.

Whether it happens on the motorway or at a red light, being rear-ended may cause serious injuries. You may be entitled to make a personal injury claim for compensation if you can show that the accident was not your fault which resulted in direct harm to you.

The amount of compensation varies based on the severity of your injuries, your medical expenses due to the accident, if you lost earnings and any long-term impact. Being injured in a traffic collision is a traumatic event, even if your injuries appear to be minor.

It is important to consult with a personal injury lawyer who can advise you if you have a valid case and Jefferies Claims can help. Furthermore, we work with ‘No Win, No Fee’ lawyers.

When Can I File a Personal Injury Claim After Being Rear-Ended?

You are legally entitled to file a personal injury claim if you’ve suffered an injury due to someone else’s negligence. A rear-end collision typically falls under this category, as the driver behind is usually considered responsible for keeping a safe distance.

However, it is important to note that there are possible exceptions where the fault may be shared or even be placed on the front driver. This may occur if there was:

• Sudden and unnecessary braking
• Reversing unexpectedly
• Driving with faulty brake lights
• Pulling out in front of another car without adequate space

Here are the key factors that determine your eligibility to file a personal injury claim:

 

 

1. You Were Not at Fault

If another driver crashed into the back of your vehicle, you are likely not at fault. The Highway Code Rule 126 clearly states that drivers should drive at a distance from the vehicle in front that allows them to stop safely if it suddenly slows down or stops.

2. You Suffered Harm As A Direct Result

To pursue a personal injury claim, you must be able to show  that the collision caused your injury. Common symptoms include neck and back pain, headaches, anxiety, and more severe injuries.

3. You Are Within the Limitation Period

You typically have from three years the date of the accident, or the date you became aware of the injury, to begin a personal injury claim.

4. Medical Evidence Supports Your Claim

You will need medical evidence to strengthen your case. This can include hospital or GP records, medical assessments, and reports from independent medical professionals which will be arranged during the claims process.

 

Proving Fault in Rear-End Accidents

To prove the other driver was responsible, you’ll need evidence to show the other driver’s actions, which may include:

• Dashcam footage
• Eyewitness statements
• Police accident reports
• Photographs of the scene and vehicle damage

Common Injuries from Rear-End Collisions

Rear-end car accidents can cause a range of injuries. Even at low speeds, the sudden jolt can lead to lasting trauma. Understanding these injuries can help you recognise symptoms and support your claim.

Whiplash:  is the most common injury from a rear-end collision. It occurs when the neck snaps back and forth violently, damaging soft tissues. Symptoms may include a stiff neck, headaches or shoulder pain.

Back and Spinal Injuries: rear-end impacts may compress the spine, resulting iin a slipped disc, chronic back pain, sciatica or spine misalignment.

Concussions and Head Trauma: even if your head doesn’t strike anything, the force of the impact can cause your brain to shake within your skull. This may possibly lead to concussions or traumatic brain injuries (TBIs).

Soft Tissue and Muscular Injuries

Damage to ligaments, tendons, and muscles is common in this type of accident. This may be felt in the arms, shoulders, and upper back.

How to File Your Claim

To file a personal injury claim, follow these essential steps:

Step 1: Seek Immediate Medical Attention

Prompt medical treatment not only supports your recovery, but also details your injuries, which is vital for your claim.

Step 2: Report the Incident

Always report the accident to the police and your insurance company. If there were injuries or damage, police attendance and a written report can strengthen your case.

Step 3: Collect Evidence

Gather as much evidence as possible, for example:

• Dashcam footage
• Photos of the accident scene
• Witness contact information
• Vehicle damage reports

What Compensation Can You Claim?

If your personal injury claim is successful, you may be entitled to general damages and special damages. Your personal injury solicitor will assess your case and advise on potential compensation amount. This will depend on the severity of your injuries and their impact.

General Damages

This covers the pain, suffering, and loss of amenity caused by your injuries.

Special Damages

This includes financial losses such as:

• Medical expenses
• Lost earnings
• Travel costs
• Rehabilitation
• Vehicle repair or replacement

Hiring a Car After a No-Fault Accident

If your car is undrivable or needs repairs, here’s how to get a hire car quickly through a credit hire arrangement:

Report the Accident

Make sure to notify your insurer about the accident, even if you are not at fault. You’ll also need to exchange details with the other party involved and collect any supporting evidence like photos or witness details.

Getting Back On The Road

We partner with an accident management company which specialises in helping no-fault drivers hire a car so that they can get back on the road without delay.

Eligibility Check

The accident management company will confirm that the accident wasn’t your fault and verify that the other driver’s insurer is liable. If accepted, they’ll move forward with arranging a hire vehicle for you.

 

 Get In Touch With Us Today

It is essential to consult with a personal injury lawyer who is experienced in dealing with road traffic accident cases. At Jefferies Claims, we will support you and your family through this process with care and understanding. We work with lawyers who will assess all aspects of your case and who operate on a ‘No Win, No Fee’ basis.

Contact Jefferies Claims today at 0333 358 3034. Alternatively,  complete our online contact form to arrange an initial no-obligation telephone consultation with a member of our friendly team.