Claiming For Injuries Caused By A Rear-End Collision
In this article, we examine when you could make a personal injury claim if you suffered an injury following a rear-end collision. At the start of the guide, you’ll read about the eligibility criteria that must be met in all road traffic accident claims.
After that, we explain why it’s important to prove with evidence that another driver caused your accident and subsequent injuries because they breached their duty of care. To help you further, we review how compensation is calculated and how payouts awarded in successful claims address the ways your injuries have affected you.
In the later sections of this guide, we show how you could benefit from the support of one of our personal injury solicitors if your claim is valid. Additionally, we explain how they could offer their services on a No Win No Fee basis.
To help you get started, we offer a free initial consultation to review your claim. If this is something you’d like us to do, you can:
- Call 0151 375 9916 and speak with a specialist.
- Use our free 24/7 live chat service.
- Contact us online so we can call you back.
Jump To A Section
- Eligibility Criteria When Claiming For A Rear-End Collision
- How Does A Rear-End Collision Happen?
- Potential Evidence For A Rear-End Collision Accident Claim
- How Much Compensation Could You Receive From Rear-End Collision Damage?
- Claim For A Rear-End Collision Injury On A No Win No Fee Basis
- Read More About Claiming For A Rear-End Collision
Road users, including motorists, have a duty of care to try and prevent others from sustaining harm or damage while using the roads. This duty can be upheld by following the Highway Code and the Road Traffic Act 1988.
Failure to do so can lead to rear-end collisions that could cause a range of different injuries. If you wish to make a personal injury claim following a rear-end collision accident, you’ll need to prove that:
- Another motorist owed you a duty of care.
- The duty was breached.
- You sustained an injury in an accident because of the breach.
If you’ve been injured after your vehicle was hit from behind, why not call our team to discuss your options?
Motorists should follow the rules and guidance in the Highway Code. Specifically, Rule 126 of the Highway Code states that drivers should leave enough space between themselves and the vehicle in front in case it suddenly slows down or stops. The rule also explains that safe stopping distances can vary for different types of vehicles and during adverse weather conditions. Furthermore, the rule says that tailgating is where you fail to leave enough space between the vehicle in front to allow you to stop safely if required and it is dangerous.
Here are a few examples of how a rear-end collision could occur:
- The driver of another vehicle sustained a neck injury after a rear-end collision occurred because the other driver was using their mobile phone and failed to notice the car in front had slowed down to stop.
- Another driver fails to leave enough space between themselves and the vehicle in front. As a result, they crash into the back of the vehicle after it stops suddenly because of a hazard in front of them. The driver of the other vehicle sustains a severe brain injury as a result.
Importantly, passenger injury claims might also be possible following a rear-end collision. Please feel free to call if you’ve been injured following this type of accident and would like us to assess your eligibility to claim for free.
Evidence will be needed to support any type of road traffic accident claim. This can help to demonstrate how the accident occurred, who was to blame, and any injuries you’ve suffered as a result.
This could include:
- Photographs of any vehicle damage and injuries from a rear-end collision.
- Details of any medical treatment that was required following the collision.
- Contact details for any potential witnesses.
- Dashcam footage where available.
One of our car accident solicitors may offer to represent you if you have a valid claim. As part of the services they could offer, they can assist you in collecting evidence and building your case.
To see if you have a valid rear-end collision claim and could benefit from our solicitor’s services, please call the number above today.
If you make a successful car accident claim, your payout will include a head of loss called general damages. This aims to cover the pain and suffering caused by your injuries. A second head called special damages could also be awarded as part of your settlement to cover any costs linked to your injuries. This could include lost income, medical expenses, and care costs amongst other things.
As part of the claims process, an independent medical assessment may be arranged for you. The report that follows will help them value your injuries. This can be used alongside the Judicial College Guidelines (JCG) which lists compensation brackets for a range of injuries.
The following table lists some compensation amounts from the JCG. However, each claim is unique so please bear in mind that the figures are guidelines only.
The last two rows are fixed tariff figures used to value whiplash injuries from the Whiplash Injury Regulations 2021.
|Type of Injury||Severity Level||Compensation Bracket Guidelines||Additional Notes|
|Back||Severe (i)||£91,090 to £160,980||These severe back injuries will usually involve damage to the spinal cord and nerve roots. As a result, the claimant will suffer severe pain along with a combination of impaired bowel, bladder function or sexual function; or incomplete paralysis.|
|Moderate (i)||£27,760 to £38,780||An example in this bracket could include a crush fracture of the lumbar vertebrae causing constant discomfort and pain with a substantial risk of osteoarthritis.|
|Neck||Severe (i)||Around £148,330||This type of neck injury can cause incomplete paraplegia.|
|Severe (ii)||£65,740 to £130,930||Considerably severe disabilities that usually happen as a result of disc damage in the cervical spine or serious fractures.|
|Pelvis||Severe (i)||£78,400 to £130,930||An example in this bracket could include a fractured pelvis involving a ruptured bladder and dislocated back joint.|
|Moderate (i)||£26,590 to £39,170||While any disability will not be major, this type of pelvis or hip injury will be significant.|
|Shoulder||Serious||£12,770 to £19,200||Where a dislocated shoulder as well as a damaged brachial plexus causes pain in the neck, shoulder and elbow along with weakened grip.|
|Whiplash||One or multiple whiplash injuries.||£4,215||Where symptoms lasts for between 18 and 24 months.|
|One or multiple whiplash injuries plus one or more minor psychological injuries||£4,345||Where symptoms lasts for between 18 and 24 months.|
Claiming For Whiplash After Rear-End Collisions
After the Whiplash Reform Programme was implemented, the way in which certain road accident claims are processed has changed.
As such, claims for injuries that are valued at less than £5,000 for adult drivers and passengers follow a different avenue. Also, compensation for whiplash injuries is determined by the fixed tariff in the Whiplash Injury Regulations 2021.
If your claim is for injuries with a value that exceeds £5,000 the normal claims process will be used. The fixed tariff will still apply to any whiplash injuries but your other injuries, not included in the tariff, will be valued in the normal manner.
If you’ve suffered whiplash following a rear-end collision, please feel free to speak to one of our specialists. They will value your claim for free and discuss which avenue it should follow.
If your claim is valid, one of our solicitors could offer to represent you. If your case is taken on, some of the ways they could help include:
- Ensuring the claim is filed correctly and on time.
- Collecting evidence to try and strengthen your case.
- Dealing with important correspondence on your behalf.
- Sending you updates about the progress of your claim regularly.
Importantly, your solicitor’s services will be offered on a No Win No Fee basis under a Conditional Fee Agreement (CFA). This generally means:
- No upfront legal fees to cover your solicitor’s work or fees for their continued services during the claims process.
- You don’t pay your solicitor for their work if the claim is lost.
- If your claim is won, you’ll pay a success fee. The success fee percentage is legally capped so you can be sure you’ll receive the majority of any compensation payout.
To see if one of our solicitors could help you claim for injuries sustained in a rear-end collision, you can:
- Phone us on 0151 375 9916.
- Ask for advice in our 24/7 live chat service.
- Contact us online to discuss your claim.
Here are a few more of our personal injury guides:
- Advice on when car accident claims are possible.
- Information on claiming for a cycle accident that left you injured.
- Details on when public transport accidents can lead to compensation claims.
Also, here are a few external links that could be helpful too:
- Road safety advice for drivers from Think!
- NHS information about when to go to A&E when injured.
- Government statistics on reported road casualties in 2022.
Our team is on hand to answer any further questions about claiming for a rear-end collision. Therefore, please feel free to call at any time.