Last Updated 23rd August 2024 by Jade. Did you suffer harm in a rear shunt accident? If so, and the accident was caused by someone else’s negligent actions, you could make a claim to seek compensation.
Road traffic accidents can have severe consequences for everyone involved. More often than not, the accident may have been someone else’s fault. However, it can be especially frustrating when the accident could have been avoided, had someone else acted with the expected standard of competency while driving.
The Highway Code and the Road Traffic Act 1988, sets out rules and regulations for drivers and other road users to follow. Despite this, the rules aren’t always followed and mistakes are still made.
If these mistakes result in harm, a personal injury claim could be made to seek compensation for the suffering endured. This guide aims to help you understand whether someone was liable for your car accident and how you could make a successful claim against them.
However, if you have any questions whilst reading this guide, you can speak to our team. They are available to help 24/7 and can provide you with free legal advice on any queries you may have. So why not get in touch on the details below:
- Call us on 0800 073 8804
- Send us your enquiry and an advisor will get back to you at your chosen time
- Speak with an advisor using the live chat feature below
Select A Section
- What Is A Rear-End Shunt Accident?
- When Could You Make A Claim Following A Rear End Shunt?
- Can I Claim Compensation If I Was At Fault?
- Do I Need Evidence To Claim For Injuries From A Rear End Shunt?
- Calculate Payments For Rear End Shunt Accidents
- How Do No Win No Fee Rear Shunt Accident Claims Work?
- Useful Resources
What Is A Rear-End Shunt Accident?
So, what is a rear-end shunt? A shunt is an accident that occurs when the front of one car collides with the back of the car in front of it.
For example, if you are stopped at a traffic light, and another driver collides with the back of your car, this is an example of a rear-end shunt.
How Do Rear-End Shunt Accidents Happen?
There are many ways that a rear-end shunt could happen. However, not all accidents will result in a successful claim. This is because you need to be able to prove that negligence occurred. In the next section, we explain what constitutes as negligence.
Some examples of how negligence could contribute to a rear-end shunt include:
- You are waiting at a red light. A drunk driver behind you misjudges the stopping distance between your cars and collides with the back of your vehicle.
- You are driving at a responsible speed, and keeping a reasonable stopping distance between yourself and the car in front of you. However, the driver in front slams on their brakes for no apparent reason, causing you to collide with the back of their car.
- The driver behind you is tailgating you and collides with the back of your car when you stop at a traffic light. Tailgating occurs when the driver behind you drives almost bumper-to-bumper with your car.
If you’d like to find out if you are eligible to claim for a rear-end collision, get in touch with our team of advisors today. They can evaluate your claim for free, and could potentially connect you with a solicitor.
When Could You Make A Claim Following A Rear End Shunt?
All road users must navigate the roads in a way that prevents damage and injuries to themselves and to others. This is their duty of care. Road users also need to adhere to the Road Traffic Act 1988 and the Highway Code.
In order to make a car accident claim, you will need to satisfy the eligibility criteria. This means that in order to make a personal injury claim, you must be able to prove that:
- You were owed a duty of care.
- Another driver breached this duty.
- You suffered injuries because of this breach.
Together this forms the basis of negligence.
In some cases, the driver that hit you from behind in a rear end car accident may not be identified or may be uninsured. These claims can be made through the Motor Insurers’ Bureau (MIB). As part of their role, the MIB can award compensation in hit and run cases as well as claims where the liable driver did not have insurance. However, the same eligibility criteria as above must be met in order to have a valid claim.
If you have any questions about your eligibility to claim compensation for a rear end shunt, one of our team members could help. They can assess whether you meet the claiming criteria, and if you do, they could pass you on to one of our solicitors.
Time Limits For Rear Shunt Accident Claims
It’s important to make sure that your rear shunt car accident claim is started within the relevant time limit. The time limit for road traffic accident claims is three years, as dictated by the Limitation Act 1980, and begins on the date of your accident.
There are some exceptions to this time limit. For example, the time limit is temporarily frozen for those who are injured while under the age of eighteen. It then begins on their eighteenth birthday and lasts until they turn twenty-one. A litigation friend can make a claim on their behalf at any time while the time limit is frozen.
The time limit is frozen for those who do not have the required mental capacity to make their own claim. Again, during this time, a litigation friend could present a claim on their behalf. If they regain the mental capacity to claim for themselves, and one has not already been made, they will have three years to do so from the date of recovery.
To learn more about making a rear end shunt accident claim, contact our team of friendly advisors today.
Can I Claim Compensation If I Was At Fault?
We understand that some road accidents are complex and it may have been the fault of both parties. In these instances, you could still seek compensation whereby liability is split between drivers.
For that reason, even if you were partially at fault for your accident alongside another driver, you could still seek compensation in a personal injury claim. However, compensation will be reduced proportionally.
For example, if your claim is worth £10,000 and both parties agree to split liability 50/50, you’ll receive 50% of the claim value.
Claims such as these, may not be straightforward so it is advisable to seek legal advice to help your claim go as smoothly as possible. For more information, you can speak to our team by calling on the number above.
Do I Need Evidence To Claim For Injuries From A Rear End Shunt?
If you are eligible to claim compensation for injuries sustained in a vehicle collision, you will need evidence to support your claim.
The evidence you can gather will depend on the circumstances of your case. Generally speaking, the below types of evidence could be useful in supporting car shunt accident claims:
- Medical evidence detailing your injuries and any treatment that you have received.
- Evidence of the accident, such as CCTV footage or photographs of the scene and your injuries.
- Witness statements. These can be requested at a later date. This is why it is a good idea to take down witness details at the scene of the accident.
- Documentation showing any costs and losses that have resulted from the injuries you’ve sustained in the rear end shunt.
If you would like to learn more about the types of evidence that could be useful to your claim, you can contact our advisors. They could check your eligibility to claim and also connect you with one of our solicitors.
Calculate Payments For Rear End Shunt Accidents
If your rear shunt accident claim succeeds, your compensation can consist of up to two heads: general damages, and special damages.
All successful claimants receive general damages. General damages are the head of your claim that covers the physical and psychological effects of the accident. Some factors that are looked at for this head of claim include:
- Loss of amenity.
- Pain severity.
- Length of recovery.
When legal professionals calculate this head of your claim, they may use the Judicial College Guidelines (JCG) and reports from your independent medical assessment to help.
The JCG is a document that contains guideline compensation brackets for different types of injuries and illnesses.
Compensation Table
You can find some examples below of types of injuries that could be sustained following a rear end shunt. You can also find their accompanying guideline compensation brackets.
But, please note that these amounts are not guaranteed. Please also note that the top entry has not been taken from the JCG. Additionally, the bottom two figures are from the Whiplash Injury Regulations (we explain this shortly).
| Injury sustained | Severity | Example compensation figure |
|---|---|---|
| Multiple Serious Injuries and Expenses | Serious | Up to £1,000,000 |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Less Severe (d) | £18,700 to £52,550 | |
| Facial Scarring | Very Severe (a) | £36,340 to £118,790 |
| Less Severe (b) | £21,920 to £59,090 | |
| Knee Injury | Severe (a) (ii) | £63,610 to £85,100 |
| Skeletal Injury: Jaw Fracture | Very Serious (e) (i) | £37,210 to £55,570 |
| Whiplash Tariff | With psychological damage | £4,345 |
| Whiplash Tariff | Without psychological damage | £4,215 |
Special Damages
The second head of claim, special damages, addresses the financial losses you have endured as a result of your car shunt injuries. Under special damages, you could potentially recoup the cost of:
- Loss of earnings.
- Childcare costs.
- Home adjustments.
- Mobility aid.
- Prescriptions and other medical bills.
However, because not all successful claimants receive special damages, you must be able to provide evidence of these losses in order to claim them back. Such evidence includes receipts, invoices, payslips, and bank statements.
For more information on claiming for a rear shunt accident, contact our team of friendly advisors today.
The Whiplash Reform Programme
The Whiplash Reform Programme brought about changes to the way certain claims are made in Wales and England for those injured as a passenger or driver of a vehicle aged 18+. If your injuries are valued at £5,000 or less and you meet the aforementioned criteria, your claim will need to be made via a different avenue.
Additionally, your injuries, such as whiplash and soft tissue injuries, will now be valued in line with the Whiplash Injury Regulations 2021 tariff. We have included some of these amounts in the table above, and they are fixed amounts.
Contact our advisors to discuss your claim. They can assess your claim and provide an idea of how much your claim may be worth which can inform you of the process you need to take.
How Do No Win No Fee Rear Shunt Accident Claims Work?
If you wish to have legal representation when seeking compensation, you might find it helpful to enter into a No Win No Fee agreement. This means you will not have any upfront or ongoing costs to pay to your solicitor for their services.
Additionally, if your solicitor is unsuccessful, you won’t be asked to pay your solicitor which may ease any concern you have of paying costs if the claim fails.
If your claim is successful you’ll be required to pay a small success fee. Although this is deducted from your compensation, the percentage that’s taken is legally capped and you can agree on the fee with your solicitor before starting your claim.
Start Your Rear Shunt Accident Claim
All of our solicitors work on a No Win No Fee basis. So if you want to put forward your claim for a rear shunt accident, call our team. They can assess your case and determine whether the claim you hold is valid.
Additionally, they can appoint one of our solicitors to handle your case. Alternatively, they can answer any queries you may have even if you aren’t ready to make your claim.
Get in touch on the following details:
- Call us on 0800 073 8804
- Send us your enquiry and an advisor will get back to you at your chosen time
- Speak with an advisor using the live chat feature below
Useful Resources
- Think has some useful information on road safety laws.
- The government guide on claiming compensation could help.
- Brake has some useful statistics relating to UK road deaths.
- Our guide on car accident claims could help.
- For more information on personal injury compensation, see our guide.
- See our case study guide for more information on the process of claiming for a whiplash injury.
- Advice on what a bus crash injury compensation claim could be worth. Learn more about claiming for a bus crash.
- Get help with e-scooter injury claims and learn how a No Win No Fee solicitor could help you.
- Find out if you can claim if you were hit by an uninsured driver with our guide, and get more insight on the personal injury claims process.
We hope you found our guide on making a rear shunt accident claim helpful. Thank you for taking the time to read.
