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Who Is At Fault If You Are Rear Ended And Could You Claim?
By Stephen Hudson. Last Updated 5th September 2024. Welcome to our guide on who is at fault if you are rear-ended. Rear-end collisions are a type of road traffic accident where one vehicle hits the back of another vehicle. This guide will examine whether you can claim compensation if you’ve been injured in a rear-end collision.
If you have been injured in a rear-end accident with another vehicle, then the resulting injuries can have a severe impact on your quality of life. You may experience musculoskeletal injuries or experience whiplash. This may result in you being unable to live your life as you normally do.
Assessing who is at fault in a car crash rear-end collision or other road traffic accident can be complex. If you have been injured because your car was hit from behind, call Legal Expert today. We will be able to assess who was at fault if you are rear-ended and, if we can see that you are eligible to claim compensation for your injuries, a knowledgeable solicitor can start working on your claim and helping you collect evidence as soon as possible.
Call us today on 0800 073 8804 to begin your rear end car accident claim. Alternatively, use our online accident claims form to contact us in writing. We look forward to helping you claim.
Select A Section:
- Who Is At Fault If You Are Rear Ended And When Could You Claim?
- I Rear-Ended Someone Who Stopped Suddenly – Am I At Fault?
- I Was In An Accident Where I Was Rear-Ended – How Long Do I Have To Claim?
- How To Prove Who Is At Fault If You Are Rear Ended
- Compensation Payouts For Rear-Ending Accidents
- What Else Could I Claim After A Road Traffic Accident?
- Claiming For A Rear-End Collision With A No Win No Fee Solicitor
- Learn More About Rear-End Collisions
Who Is At Fault If You Are Rear Ended And When Could You Claim?
Fault in a rear-ended car accident will be placed on the party who breached their duty of care.
All road users owe each other a duty of care. This duty of care requires road users to follow the rules and regulations that are in the Road Traffic Act 1988 and The Highway Code at all times to help minimise the risks of accidents. For example, the Highway Code provides guidance on how much space you should leave between you and the vehicle in front of you to help avoid rear-end collisions in this resource.
As such, here is the eligibility criteria to make a compensation claim after a rear-end accident:
- Another road user owed you a duty of care.
- The road user breached their duty of care by using the roads negligently. For example, they were not paying due care and attention to the road.
- You suffered an injury as a result of this breach of duty, e.g. you were rear-ended by this distracted driver while waiting at a red light.
To find out who is at fault if you are rear-ended, and to confirm whether you’re eligible to claim personal injury compensation, please contact our advisors. After chatting with you, they may be able to connect you with a rear-end accident lawyer.
I Rear-Ended Someone Who Stopped Suddenly – Am I At Fault?
If I rear-ended someone who stopped suddenly, am I at fault? The answer to this question can vary. Under Rule 126 of the Highway Code, you need to:
- Drive at a speed that allows you to stop safely without hitting the car in front.
- Allow a two-second gap between you and the car in front on high-speed roads and when visibility is reduced.
- Allow a four-second gap for large vehicles and motorcyclists.
If you obeyed these rules and were still injured in a rear-end accident, then it may not be your fault.
If you can prove that the other person was driving in a way that breached their duty of care, and this caused your injuries, then you may be able to make a claim, even if you are partially liable for the accident.
Contact our team today to find out if a rear-end accident lawyer could help you.
I Was In An Accident Where I Was Rear-Ended – How Long Do I Have To Claim?
If you are eligible to make a personal injury claim following a rear end car accident, you must also be aware of the time limit in place for starting your claim. Under the Limitation Act 1980, you will generally have 3 years to start your claim from the date of the vehicle collision. However, there are some exceptions to this.
For example, if a child was injured in an accident by a rear end shunt, the time limit would pause until their 18th birthday. While the time limit is paused, a solicitor or parent, for example, could apply to be a litigation friend and claim on the child’s behalf. If no claim is made during the pause, the injured party will have 3 years to start their own claim from their 18th birthday.
To learn more about the other exceptions that apply to this 3-year time limit, you can contact our advisors. They could also help answer any questions you may have, such as ‘When is a rear end collision not your fault in the UK?’
How To Prove Who Is At Fault If You Are Rear Ended
When claiming for rear-end collisions, one of the most important steps in the claiming process is gathering evidence. Evidence can help you prove who is responsible for the car accident and your injuries, but it can also help you prove other losses and how your injuries have affected you.
Some examples of evidence you could collect to prove your rear end car accident claim include:
- Photographs: Taking photographs of the accident site or of your injuries can help prove the severity of both.
- CCTV: If your accident was caught on CCTV, then you may be able to ask for the footage and use it as evidence in your claim.
- Dashcam footage: Similar to the above, if your accident was caught on another driver’s dashcam, you may be able to use the footage as evidence.
- Witness statements: If you take the contact details of those who witnessed your accident, this means that a professional can take their statements later on during the claims process.
- Medical records: Your medical records can provide more insight into your injuries and the treatment you have received and will need in the future.
One of the benefits of working with a No Win No Fee solicitor on your claim is that they can help you collect evidence. To find out if one of our No Win No Fee solicitors could help you, get in touch with our friendly team today.
Compensation Payouts For Rear-Ending Accidents
If you’ve been hit from behind as a result of another road user’s negligence, then you could be owed compensation. However, you may be wondering how much your settlement could be worth. It can be difficult to say without knowing more about your specific circumstances.
However, in this section, we have included a table made up of entries for different injuries corresponding to bracket compensation amounts from the 16th edition of the Judicial College Guidelines (JCG), published in 2022. We have also included the tariff amounts from the The Whiplash Injury Regulations 2021, which we will look at more closely in the next section. Please note that the first entry in this table is not taken from the JCG.
| Nature Of Your Injury | Possible Settlement |
|---|---|
| Multiple Serious Injuries And Special Damages | Up to £250,000+ |
| Facial Scar - Very Severe (a) | £36,340 to £118,790 |
| Facial Scar - Less Severe (b) | £21,190 to £59,090 |
| Back Injuries - Severe (a)(ii) | £90,510 to £107,910 |
| Foot - Severe (d) | £51,220 to £85,460 |
| Neck Injuries - Severe (a)(iii) | £55,500 to £68,330 |
| Fractures Of Cheekbones (d) (i) | £12,45 to £19,260 |
| Whiplash and Psychiatric Impact | £4,345 |
| Whiplash | £4,215 |
Whiplash Injury Regulations
The Whiplash Injury Regulations 2021 and the Whiplash Reform Programme have changed how whiplash is claimed for in the UK. Injuries sustained by passengers or drivers over the age of 18 on or after 31st May 2021 that are worth less than £5,000 will need to be claimed for through an online portal. If your vehicle has been rear ended but you’ve only suffered a minor whiplash injury, you may need to use this portal to claim.
However, we always encourage calling to speak to us before launching a claim in this manner. Your injuries may be worth more than you think. If you’ve been involved in a rear end collision, we can provide you with a compensation estimate over the phone. This can give you a better indication of what you could receive.
What Else Could I Claim After A Road Traffic Accident?
If you are hit from the back by a car, your injuries may cause certain financial losses and expenditures. If so, it’s possible that you could have an amount awarded known as a special damages payment.
We have included some examples below of the kinds of losses that an injury may cause and that you could be reimbursed for. However, you will also need to provide evidence of their financial impact on you. Receipts and payslips are good examples of how you can achieve this.
- Loss of earnings – If you’ve been hit from the back in a car accident, the injuries you sustain may cause you to miss time at work. If so, your income could suffer as a result. It’s not only your salary for which you could be reimbursed but also any bonuses and pension contributions.
- Medical expenses – This could include costs such as prescription medication or even certain private healthcare treatment.
- Damage to property – Whilst damage to your vehicle can often be covered by insurance, other items in your car at the time may have been damaged or destroyed. The cost of these items may be included in your special damages payment.
There are other examples too. Get in touch with our advisors for more information. We can also assist with queries such as who’s at fault in a rear end collision.
Claiming For A Rear-End Collision With A No Win No Fee Solicitor
If you have valid grounds to claim for injuries caused by a rear-end collision, then you could choose to seek help from a solicitor. You can discuss your case with our advisors, and they may then connect you with one of our No Win No Fee solicitors.
If one of our No Win No Fee solicitors agrees to support your claim, then they can offer you what’s called a Conditional Fee Agreement (CFA). Under this type of agreement, you won’t have to pay any upfront or ongoing fees to your solicitor for their work. You also won’t need to pay your solicitor for their work if your claim proves to be unsuccessful.
If your claim is a success, then your solicitor can take what’s called a success fee. This is typically a legally capped percentage from the compensation awarded to you.
Contact Our Team For More Information
For more advice on claiming for injuries caused by getting hit by a car from behind, contact our advisors for free today. To do so, you can:
- Call us on 0800 073 8804
- Write to us using our contact page
- Message us using our 24/7 live chat service
Learn More About Rear-End Collisions
We hope you have found this guide about who is at fault when you get rear-ended helpful. If you wish to claim compensation for injuries caused by a road traffic accident, you may also find these guides helpful.
More Helpful Guides
- Foreign Vehicle Accident Claims– A useful guide on accidents involving foreign vehicles and the process you can go through to seek compensation.
- Whiplash Compensation Calculator – 2021 Update
- How Much Compensation For Car Accident Claims?
- Hit And Run Accident Claims
- Think.gov.uk
- Road Traffic Act 1988
- When to report an accident to the police
- Uninsured Drivers, Can I Still Claim Compensation For My Accident Or Injury?
- Car Accident Injury Payouts – How Much Could You Be Awarded?
Thank you for reading our guide on who is at fault if you are rear-ended. For more information on rear-end collision accident claims, call our team on the number above.
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