Can I Claim For A Rear-End Collision?

This guide will explore when you could be eligible to begin a personal injury claim for harm you have sustained in a rear-end collision. Additionally, we will look at the evidence you could collect to support your case and the benefits of working with a No Win No Fee solicitor.

rear-end collision

Can I Claim For A Rear-End Collision?

This type of road traffic accident could cause you to sustain injuries that vary in nature, ranging from minor bruising and lacerations to severe amputations and head injuries. You could be awarded compensation for the way these injuries impact your life if you meet the eligibility criteria to claim. We will discuss these criteria in more detail throughout this guide as well as the settlement you could be awarded and how it might be calculated.

Please continue reading to learn more about the process of starting a claim for a road traffic accident. If you have any questions as you move through our guide, you can get in touch with an advisor for free advice. You can reach them by:

Browse Our Guide

  1. Are You Eligible To Claim For A Rear-End Collision?
  2. How Could A Rear-End Collision Happen?
  3. What Evidence Could Help You In The Road Traffic Accident Claims Process?
  4. What Compensation Could You Receive For Rear-End Collision Injuries?
  5. Use Our Panel Of No Win No Fee Car Accident Claim Solicitors
  6. Learn More About Claiming For Car Accident Compensation

Are You Eligible To Claim For A Rear-End Collision?

In order to begin a personal injury claim for a rear-end collision, you need to prove the following:

  • A road user owed you a duty of care
  • That duty of care was breached
  • You suffered physical or psychological injuries as a result of the breach.

Together, these three points define negligence, for which you could seek compensation.

Road users have a duty of care to navigate the roads in a way that avoids causing harm to themselves or others. This duty is outlined in the Road Traffic Act 1988. Additionally, there are rules that different road users must follow detailed in the Highway Code. There is also guidance on the responsibilities they have.

If there is a breach of duty on the part of another road user, and you are injured because of this, speak to us now by calling the number above to learn more about whether you could be eligible claim.

 How Could A Rear-End Collision Happen?

Rule 126 in the Highway Code provides information on safe stopping distances for various types of vehicles depending on the speed and road conditions. It states that drivers should:

  • Ensure there is enough distance to pull up safely if the vehicle in front needs to suddenly brake or stop
  • Leave at least a two-second gap between their vehicle and the one in front. This should be doubled when roads are wet and should be ten times more on icy roads.
  • Leave a wider gap when driving behind larger vehicles.

A failure to do so could result in a rear-end collision. For example:

  • A driver sustains a severe head injury and back injury after an incident of tailgating. This is where the gap between you and the vehicle in front is too small to allow for safe stopping if the vehicle in front suddenly brakes.
  • You experience a broken elbow and broken nose after a driver fails to pay attention to the roads and crashes into the back of you while you’re stopped at a set of traffic lights.

What Evidence Could Help You In The Road Traffic Accident Claims Process?

Evidence can be used to prove liability and help assess the value of your injuries. As such, you may wish to take the following steps to gather evidence to support your claim:

  • Request CCTV and dashcam footage of the car accident
  • Collect the contact information of any witnesses who could provide a statement
  • Request a copy of your medical records, such as X-rays and prescriptions
  • Keep a diary of the way your injuries have affected you, both physically and psychologically. This can also include details on any treatment you required.
  • Take photographs of any damage to your vehicle as well as your injuries.

If you need help with this aspect of the claims process, you can seek legal representation in the form of a personal injury solicitor from our panel. To find out more about the services they could offer, get in touch using the number above.

What Compensation Could You Receive For Rear-End Collision Injuries?

After making a successful rear-end collision claim, you could be awarded a payout that consists of up to two heads.

Special damages can compensate for the financial losses you have experienced due to your injuries. This can include loss of income, care costs and damage to your vehicle. Evidence, such as receipts and payslips, can help prove these costs.

General damages aim to compensate you for the pain and suffering caused by your physical and psychological injuries. In addition, consideration can be given to any long-term issues and the impact on the person’s overall quality of life.

Medical evidence can be used to assess the severity of your injuries. Alongside this, solicitors can refer to a document called the Judicial College Guidelines (JCG). This contains guideline compensation brackets, some of which we have included in the table below.

Please be aware that these amounts are not guaranteed as each claim is unique. As such, you should only use them as a guide.

However, it’s important to note that the last two entries in the table are from the tariff set out in the Whiplash Injury Regulations 2021. As such, they are fixed amounts.

Guideline Award Brackets

InjuryAward Bracket
Neck - (a) Severe (i)In the region of £148,330
Neck - (b) Moderate (i)£24,990 to £38,490
Arm - (c) Less Severe£19,200 to £39,170
Back - (a) Severe (i)£91,090 to £160,980
Back - (b) Moderate (i)£27,760 to £38,780
Wrist - (b) Significant Permanent Disability£24,500 to £39,170
Pelvis - (a) Severe (i)£78,400 to £130,930
Pelvis - (b) Moderate (i)£26,590 to £39,170
Leg - (c) Less Serious (i)£17,960 to £27,760
Whiplash - One or Multiple£3,100
Whiplash - One or Multiple with One or Multiple Minor Psychological Injury£4,345

Could The Whiplash Reforms Affect My Claim?

The introduction of the Whiplash Reform Programme means that adult passengers and drivers with whiplash or soft tissue injuries valued below £5,000 must claim in a different way. Additionally, any whiplash injuries will be valued using the tariff in the The Whiplash Injury Regulations 2021.

If any injuries have been sustained that take the total value of the claim over £5,000, the claim will be made the traditional way. Any injuries not included in the tariff will also be valued traditionally. However, any whiplash-related injuries will still be valued using the tariff.

To learn more about claiming for a whiplash injury and how the reforms could impact the way you seek compensation, get in touch using the number above.

Use Our Panel Of No Win No Fee Car Accident Claim Solicitors

The personal injury solicitors from our panel can offer to work your claim under a No Win No Fee agreement. There are many types, however, they could offer you a Conditional Fee Agreement (CFA) which usually means that there are no upfront or ongoing fees to pay for the solicitor’s services. Also, an unsuccessful claim outcome means that you will not have to pay for the work that was completed on your case.

However, claims that see a successful outcome require a legally restricted percentage to be deducted from your payout.

If you would like to learn more about how a No Win No Fee solicitor could help you seek compensation following a rear-end collision, please get in touch. Our team can provide a free assessment of eligibility and potentially connect you with a solicitor from our panel. To get in touch, you can:

Learn More About Claiming For Car Accident Compensation

Below, we have provided more guides relating to road traffic accidents:

Additionally, we have provided the following external resources:

Thank you for reading this guide on when you could be eligible to seek personal injury compensation following a rear-end collision. If you have any other questions, please get in touch using the number above.

Article by WAT

Edited by MIT