Seeking Compensation in Case of a Rear-End Collision

Rear-end collision accidents account for about one-third of all injury-causing car crashes. In fact, in the USA alone, over 556,000 individuals are injured yearly in rear-end collisions. During one’s lifetime, an American is expected to be involved in at least four car accidents, and considering how frequent rear-end collisions are, it is just a matter of time!

With this in mind, you must know what to do if you are in a rear-end collision. This way, you are well prepared on how to conduct yourself, and understand the pitfalls you must avoid to help you complete a successful insurance claim.

So what should I do if I was in a rear-end collision? To answer this and much more, here is a detailed guide on the steps you should follow to ensure you ultimately get your deserved compensation.

• Check for Injuries and seek medical attention: Essentially, rear-end collisions can be quite damaging, particularly, if they happen at relatively high speeds. In the event the rear cat strikes the car ahead of it with enough force, it could result in significant injuries both to the driver as well as the passengers of both vehicles. Injuries can usually include whiplash, lumbar and cervical strains and sprains, traumatic brain injuries, concussions, contusions, and broken bones. As much as you feel that your injuries are somewhat minor, or you have no injuries whatsoever, you must seek medical assistance.

• Contact the Police: The next necessary action you should take is getting in touch with authorities; this notwithstanding how insignificant the damage seems. Having a police report is essential to validate your insurance claim. What’s more, with authorities at the accident scene, it is easy to maintain communication between the involved parties calmly and under control. Once you have assessed your health and informed the authorities, you should also get in touch with the insurance companies. However, if the other party asks to ‘settle the issue between both of you,’ you should proceed with caution and choose the proper way. Why? This is to avoid being at the mercy of another driver, and he or she may not even hold a valid insurance
• Gather relevant Information/Evidence: Another critical action you should take is to document every detail of the rear-end collision accident. If possible, you can take photos using your cell phone to file your injury claim. Ensure you acquire the full names of the other driver, his contact details, driver’s license details, as well as the license plate. Also, you need to record your injury details (if any) and document everything related to it, including every visit to the physician, bills, and prescriptions related to your injuries.
• Seek Legal Assistance: It is always best to get in touch with a car accident lawyer after a rear-collision accident to discuss all your legal options immediately. Taking legal action ensures that you hold the otherwise negligible drive accountable for the resulting damages. Usually, you should contact an attorney directly, as this makes it easier to get compensation. A rear-collision specialist attorney can quickly identify the negligible parties, collect evidence relevant to your case, and also effectively deal with your insurance claim while seeking to get you full compensation.

Who Is At Fault in A Rear-End Collision?

After an accident happens, you obviously expect to get compensated for your personal injuries and personal injuries. Often, the driver of the last vehicle in rear-end accidents bears the fault.

If you reside in no-fault insurance states like New York, you can usually file a claim with the driver at-fault’s insurance company for your car fixing. However, you might be limited to the personal injury protection (PIP) or med-pay coverage of your policy to settle your injuries. However, in case of the damages you incur stretch beyond the no-fault limit, you can pursue the at-fault driver even in no-fault zones-hence the importance of an experienced NY attorney.

As for other states, you can usually file a distinct liability claim with the insurance firm of the at-fault driver.

Note: No-fault states represent several states where victims can recover various medical expenses settled by their insurance companies for faster payouts.

Comparative Negligence

In most cases, the driver who rear-ends the other motorists is often fully liable; and therefore, the issue to be handled with the insurance of the at-fault driver is your injury claim value.

Nonetheless, in some cases, the insurance firm may claim that you are also partly to blame for the accident; despite being rear-ended. For instance, assuming you have faulty braking lights and therefore, the motorist behind your vehicle didn’t see the indicator. In such a situation, it is essential to consult a seasoned attorney.

Many states feature comparative negligence legislation. This means that you may pursue compensation form the other party despite being partly to blame for a collision. Consequently, compensation is minimized to your blame share.

However, there are several exceptions when it comes to rear-end collision liability, and this includes:

• where the vehicle in front was driving recklessly or erratically, rendering it impossible for the car behind to avoid colliding, albeit keeping a healthy follow distance;
• where the driver in front makes a sudden stop in the traffic lane and does not indicate or give any reasonable notice to the motorists behind;
• where the vehicle behind is maintaining a reasonable following distance and moving at a relatively safe speed. However, still, various external factors and weather conditions like rain, snow, and fog, among others, render it impossible for the driver to halt;
• if the motorist behind is moving at a reasonably safe speed and distance behind the front-placed vehicle, but a third car bumps the second driver from behind, pushing him or her into the car ahead of it.

Rear-End Accident Insurance Claims and Compensation

Unfortunately, recovering property damage and injuries compensation after a rear-end accident is never always easy. Usually, the injured individual has to successfully clearly demonstrate the damage extent and the cost of collision repair services, and then prove that the other party was at fault. I found a respected body shop near me in tempe. Having an expert lawyer can ensure this process unfolds smoothly. However, without legal assistance, insurance companies usually play hardball with you, providing them a relatively low settlement, often just a meagre fraction of the total amount needed for a full recovery.

As such, you need to prepare to prove your compensation claim successfully. When drivers violate their care duty, it is usually due to negligence. Rear-end accidents can often occur when an individual drives recklessly, stops being attentive or experiences brake failure for overlooking regular car checkups and repair.

When the cause of the rear-end collision is negligence, you are fully eligible for damage compensation. Nevertheless, it is your impetus to come up with the correct evidence demonstrating the negligence of the other driver as well as proving your injuries. You have to prove that besides having injuries, these injuries as a result of the accident while the losses are also due to the injuries.

Summary

If you are ever in a rear-end collision accident, you must act promptly and appropriately to defend your legal rights successfully. While these car accidents are quite common, this does not, however, render them any less destructive. It also doesn’t mean that you can’t get compensation for the damages incurred. Virtually any form of an accident can result in severe damage. If you incur any injuries/damages because of another individual’s mistake or negligence, you must know how to act. Additionally, make sure to bring your vehicle to an automotive repair company for professional repair services. With these few tips, you now know what to do in case of a rear-end collision.