This guide will discuss the process involved in beginning a personal injury claim following a rear-end collision. It will discuss the eligibility requirements that must be met in order to seek compensation and the evidence you can gather to support your claim.
Additionally, we will look at the duty of care road users owe one another to prevent accidents and injuries from occurring on the roads and how a breach of this could cause a road traffic accident, such as being hit by another car from behind.
Furthermore, this guide will explore the compensation you could be owed should you make a successful claim.
For more information regarding your potential personal injury claim, get in touch with an advisor. They can discuss the validity of your case as well as connect you with a No Win No Fee solicitor from our panel. To get in touch, you can:
Jump To A Section
- When Are You Able To Claim For A Rear-End Collision?
- How Could A Rear-End Collision Occur?
- Car Accident Compensation Examples – What Could You Receive?
- What You Need To Claim For A Rear-End Collision
- Seek Car Accident Compensation On A No Win No Fee Basis
- Learn More About Claiming For Rear-End Collision Injuries
You may be eligible to start a personal injury claim following a rear-end collision if you can demonstrate the following:
- You were owed a duty of care.
- This duty was breached.
- The breach led to you becoming physically or psychologically injured.
These three points constitute negligence, for which you could be eligible to seek personal injury compensation.
The Road Traffic Act 1988 sets out the duty of care road users owe one another. The legislation requires road users to navigate the roads and operate their vehicles in a way that ensures that harm is prevented to themselves and others. Furthermore, the Highway Code provides guidance on the responsibilities different road users have, including drivers, riders, and pedestrians.
A failure to uphold this duty could lead to an accident on the road, such as a rear-end collision. If you experience harm as a result, you may be eligible to seek compensation. For more information on eligibility, please get in touch with an advisor on the number above.
A rear-end collision can occur in a number of ways, such as:
- The driver behind may collide with you while you’re stopped at a set of traffic lights because they weren’t paying due care and attention.
- A driver may not leave an adequate distance between themselves and your vehicle. Rule 126 in the Highway Code explains that drivers should leave enough space between themselves and the vehicle in front so that they can pull up safely if the vehicle in front suddenly slows down or stops.
- The driver behind you may be distracted while using their mobile phone causing them to crash into the back of your vehicle.
The injuries that could be sustained in this type of accident can include:
- Head injuries, such as brain damage or concussion
- Back injuries, such as spinal cord damage
- Neck injuries, such as whiplash
- Broken and fractured bones
- Sprains and strains
- Psychological harm, such as anxiety or distress
You may be able to seek compensation for the way you have been affected by your injuries, provided you have a valid claim that proves negligence occurred.
Following a successful personal injury claim for a road traffic accident, you could be awarded compensation to address the different ways your injuries impacted you. Firstly, compensation for the financial losses incurred due to your injuries is awarded under special damages. Costs such as loss of earnings, medical expenses, and care expenses can be reimbursed.
Secondly, compensation for the pain and suffering caused by your injuries is awarded under general damages.
To value this head of claim, legal professionals can refer to a publication called the Judicial College Guidelines. This document contains guideline compensation brackets, some of which you can see in the table below. These figures are only a guide.
The last two entries in the table are taken from the tariff outlined in the Whiplash Injury Regulations 2021. These are fixed amounts.
|Injury||Severity and Guideline Award Brackets||Notes|
|Neck||(a) Severe (i) - In the region of|
|Injuries associated with incomplete paraplegia or causing spastic quadriparesis of a permanent nature.|
|Back||(a) Severe (i) - £78,400 to £130,930||Damage to the spinal cord and nerve roots causing a combination of serious consequences, such as severe pain and disability.|
|Hand||(c) Total Or Effective Loss Of One Hand - £96,160 to £109,650||The hand is crushed leading to surgical amputation.|
|Head||(c) Moderate (iii) - £43,060 to £90,720||Cases which impact concentration and memory and where the chance of returning to work is limited.|
|Pelvis And Hip||(a) Severe (iii) - £39,170 to £52,500||A fracture that requires a hip replacement which is partially successful. There is a risk of future surgery.|
|Arm||(c) Less Severe - £19,200 to £39,170||Significant disabilities but with a substantial degree of recovery. This has either already happened or will be expected.|
|Elbow||(b) Less Severe - £15,650 to £32,010||Impairment of function but there is no major surgery or significant disability.|
|Shoulder||(b) Serious - £12,770 to £19,200||Shoulder dislocation and lower brachial plexus damage that results in neck and shoulder pain.|
|Whiplash||One or More Whiplash Injuries With One Or More Minor Psychological Injury - £4,345||Symptoms are ongoing for more than 18 months but less than 24 months.|
|Whiplash||One or More Whiplash Injuries With One Or More Minor Psychological Injury - £3,100||Symptoms are ongoing for more than 15 months but less than 18 months.|
Claiming For Whiplash And Other Injuries That Are Considered Minor
Changes to the way certain road traffic accident claims have been brought in by the Whiplash Reform Programme. They state that adult passengers or drivers who have sustained injuries valued at £5,000 or less, need to make their claim in a different way. Additionally, any whiplash injuries will be valued using the tariff mentioned above.
However, if you sustain injuries that bring the overall value of your claim over £10,000, you will claim in the traditional way. Also, any injuries not included in the whiplash tariff will be valued traditionally. However, even if you claim the traditional way, any whiplash injuries will still be valued using the tariff. This is because they apply to all occupants inside a vehicle.
For more information on the avenue you need to take to claim for a rear-end collision, please get in touch on the number above. An advisor can also provide an estimate of how much compensation you could be awarded should your claim succeed.
Evidence can support and strengthen a claim for injuries sustained in a read-end collision. For example:
- CCTV and dash cam footage of the accident
- Copies of your medical records
- Photos of your injuries or the scene of the accident
- The contact details of any witnesses who could give a statement at a later date
- Receipts, payslips and invoices that can highlight any financial losses
A road traffic accident solicitor from our panel could help you gather the evidence needed for a personal injury claim. They have experience handling claims similar to your own and could ensure your case is presented in full within the relevant limitation period.
- No expectation to pay fees for their services upfront or for the duration of your claim.
- No payment is required for the work they have done if your claim fails.
- You will pay a success fee to your solicitor from your compensation, should your claim succeed. This is subject to a cap as set by the law.
To find out more about how a solicitor could help and whether you’re eligible to have them represent your claim for a rear-end collision, get in touch with an advisor. You can reach them by:
Below, we have provided more of our guides relating to road traffic accident claims:
- How long do car accident claims take to complete?
- How to find quality personal injury solicitors
- A guide to car injury claim payouts
Additionally, we have provided external resources that you may find beneficial:
- Read more about the Highway Code’s recent changes
- Information about road safety from the charity Think!
- Find out how to get access to your medical records from the NHS.
Thank you for reading this guide on whether you could be eligible to begin a personal injury claim for a rear-end collision. If you have any other questions, please get in touch using the details provided above.
Writer Jeff Wallow
Editor Meg McConnell