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Rear-End Car Accident Settlements and Claims -Car insurance claim best guide

The term rear-end collision refers to a situation where a vehicle crashes into another car in front of it. The 3 most common types of car accidents are angle, side sweep, and rear-end collision accidents. According to Staver personal injury lawyers, rear-end car accidents account for the largest proportion of car accidents in the USA today. 

Rear-end car accident

If you are still interested in Data, my simple research revealed that each year, there are approximately more than 1.76 million rear-end vehicle accidents in the USA. According to National Highway Transportation Safety Administration, rear-end car collisions account for at least 30% of all reported car accidents.

In my other findings, the USA experiences more than 6 million car accidents each year. More to that, it is estimated that road car accidents account for the largest number of personal injury deaths, in fact, data shows that at least 38,000 people in the USA die each year from road traffic accidents.

Concerning average settlements, this differs from state to state, and the severity of the injuries and losses a person incurred. Some states offer very high settlement offers while others give relatively low car accident settlements.

Though rear-end accidents differ from case by case, the average settlement for rear-end car accident is between $20,000 to $50,000. However, I know a guy who recently received $170,000 as his rear-ended accident settlement.

If you are living in Florida, your average rear-end collision settlement is higher. Expect an average payout between $500,000 and $900,000 more especially if you had a severe accident.

To dig deeper and get more insights, go through the contents of this article to know what exactly you need to do following a rear-end car accident. When should you consider hiring a lawyer? How would you approach your insurance company? and your chances of settlement out of court.

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Rear-end collision settlement examples

What you will settle for following a rear-end collision will depend on many factors, for example:

  • The severity of the personal injuries you sustained.
  • How severely your car is damaged
  • Your car insurance limit for instance what is the limit of your collision or uninsured/underinsured motorist coverage?
  • Car insurance limits of the at-fault driver (assume you are not responsible for the accident)
  • Presence of a car accident attorney or not
  • Your state’s car insurance or traffic laws etc

Since what I just highlighted differs from state to state, or from country to country, the example of rear-end settlement I am about to highlight is just an example and may not reflect exactly what you will receive from your case. Be sure to contact a personal injury attorney for a free case evaluation.

Below are 4 examples of rear-end car accident settlements I was able to find.

1. $400,000 was awarded to a couple who were involved in a rear-end collision. The husband sustained herniated disc while the wife experienced a whiplash injury. Initially, the car insurance refused to compensate them but later gave in after a series of negotiations and mediations.

2. $90,000 settlement was awarded to a man who broke his rotator bone during a collision with a truck.

3.$25,000 rear-end settlement won for a lady who had been hit by another vehicle that over-ran a stop sign. The at-fault driver’s car insurance accepted to settle the claim with not much resistance. 

4. $50,000, rear-end collision settlement won for an uber driver who was injured in a T-bone car crash. The at-fault driver’s car insurance settled the case after a few rounds of negotiations with the claimant’s car accident attorney.

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How long does a rear-end collision settlement take?

The correct answer here is that it depends. Any car accident has different circumstances and is not handled the same way. Also just because there are variations in car accident laws and insurance coverages, expect some uniqueness as far as your case is concerned. 

In reality, you should expect a payout days or a few weeks after final rear-end collision negotiations with either the at-fault party or his/her car insurance representatives. It typically takes from one to 3 months to negotiate a car accident settlement, unless the claimant has not reached a minimum recovery from injuries.

If someone rear-ends you whose insurance do you call?

If someone rear-ends you, you should call both your insurance company and the car insurance company that covers the at-fault driver. This is because depending on the losses and expenses you will go through, there is a chance you will claim from both companies.

If you live in a pure contributory state and you think you are partly to blame for the accident, do not call any car insurance. You won’t get even $1 if your degree of fault in the accident is 1%. 

If you live in a comparative fault system state, call both insurance companies because you could be entitled to some damages but your final settlement payout will be affected by the degree of fault you contributed to the car crash.

It also does not matter if you live in fault-based states or no-fault states. You are still entitled to compensation from either your auto insurance or from the at-fault party’s insurance company. If you are confused about who to reach out to after the crash, just consult any experienced car accident attorney in your locality.

I was rear-ended and their insurance won’t pay

Dealing with any insurance company, be it yours or the at-fault’s party is not easy. Insurance companies care less for their clients and many of them will do what it takes to either pay you little money, or at any chance deny your claim.

Also, depending on car insurance laws in your area of jurisdiction, you may qualify for no, or reduced compensation depending on how much you contributed to the car accident. If you think you deserve any compensation for your losses and the company still ‘lowballs’ you, it’s high time you hired a personal injury lawyer.

Before losing any hopes of ever getting compensated talk to an experienced car accident attorney and see if there are any slightest chances. Good thing is that most law firms charge no fee for an initial non-obligatory consultation. Simply receive a free car accident case evaluation and let your claim be assessed.

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Does insurance go up if you get rear-ended?

For some car insurance, filing any claim could raise your premium at the next policy renewal, while other companies only give you a raise only if you are at fault for the car accident. I recommend you get first-hand information from your insurance broker.

In normal situations, your insurance rates should go up only when you are at fault for a rear-end car accident. Some insurance companies won’t give you a rise if it’s your first time causing an accident, and others may choose to erase the penalty after a certain period of time like 1-2 years.

Are you at fault if you get rear-ended?

You will be deemed at fault for the accident if you carelessly or recklessly cause an accident. There should be a degree of negligence before it’s decided you are to blame for the crash.

You will be negligently at fault for the rear-end car crash if the following holds true.

1. You violated any traffic or car accident laws. For instance, overrunning a stop sign or failing to yield. 

2. Distracted driving. For instance texting or attending to your phone while driving. Eating or drinking or attending to the kids is also considered a form of carelessness. Of the car accidents caused by mothers, more than 30% are due to attend to the kids while driving.

3. Overspeeding. According to way.com,  the safest speed is  55 mph on a rural highway where traffic is relatively average. You are required to taper down your car speeds to between 10 to 25 MPH if you are driving in residential areas. 

4. Poor driving practices like tailgating, failure to concentrate, fatigue, and poor timing for changing lanes, and others.

5. Driving under influence (DUI) or driving with the influence (DWI). It is estimated that 32 people die every day in the USA due to cases related to driving under influence (DUI). According to a recent study, at least 23% of drivers aged 21 admitted to driving under the influence at least once in 12 months.

If you at least got involved in a car accident or if you ever witnessed one, most likely determining who caused the accident was not easy. In 20% of the cases, both drivers could share the blame. The most painful thing is when a person has wrongly been deemed the at-fault driver. 

There are many ways you could prove you are innocent in a car accident and save yourself hundreds of thousands of dollars and an exorbitant hike in insurance premiums. The issue of who caused the accident will be over once you install a Dashcam or any other car camera.

 Below are the Dash cams I installed in my car. I have used them in 2 of my family cars to sort out issues of car accident liabilities. Probably you should try one or 2.

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Click on each picture
Dash cam 1
dash cam

I was rear-ended should I get a lawyer

Hiring a lawyer remains a decision in the hands of the car accident victim. If you think your case is worth a hundred thousand or more, then hiring a lawyer makes sense. Also, consider getting a personal injury lawyer if your insurance company offered you an unfair settlement.

If you were rear-ended but sustained minor damages or injuries, I do not recommend hiring a lawyer. Probably what you will receive as a settlement for a minor rear-ended car accident won’t be enough to cover your losses and at the same time pay lawyer fees and other costs.

If you do not intend to hire a lawyer, please read the following 2 books below. You should be more comfortable negotiating a settlement on your own, or representing yourself in courts of law. Just read them from page to page.

personal injury book
personal injury book

If I get rear-ended do I report it to my insurance?

Car accident regulations differ from state to state. In some states, it is required by law to report any car accident irrespective of being minor or severe. In other states, the driver needs only to report car accidents whose losses are estimated to go over $1,000.

You should report a rear-end car accident to your car insurance only if you think you or the other driver is likely to file a compensation claim. Calling and informing your car insurance company is the first stage of bringing a settlement claim. 

If you delayed informing your insurance company, there could be issues settling your claim because probably your pieces of evidence no longer hold significant value. You could be accused of fraud or anything of the sort. Calling and informing the insurance company should be the next thing on agenda after calling the police.

The average settlement for car accident back and neck injury

Just like rear-end collisions, the average settlement for back and neck injuries depends on many circumstances just as I already explained earlier in this article. 

Your settlement for back and neck injuries will largely depend on how severe the injuries are, car accident laws, insurance policy limits, and if you hired a personal injury or not. 

Though I know and heard of people who received more than $1 million as a settlement, the average settlement for a car accident back and neck injury is between $10,000 and $60,000. life-threatening and other devastating accidents could fetch 10 or 20X more.

Getting rear-ended while stopped settlement

If you had a rear-end car crash while your car parked, there is a higher likelihood you are not the at-fault driver. If the other driver fled the scene without offering help or sharing personal information with you, then the driver will have committed a hit and run which is heavily punished by law.

If the offending driver left a note stating his bio-data or insurance policy number, getting a settlement should be straightforward. Probably the driver already called to inform his/her insurance company. Just call to kick-start your claim settlement process.

If the driver that crashed your packed car fled the scene without leaving a note, then report to the nearest police and let the police go hunt for him/her. Call and inform your car insurance company. Should the authorities fail to trace the offending driver, you will have to claim through your own insurance coverage. 

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Photo by Karolina Grabowska on Pexels.com

Average settlement for rear-end chiropractic

Chiropractic deals with physical manipulations of your skeletal system like the spine, to improve body functioning, improve posture, and body motion, and also reduce pain and suffering. 

Chiropractic sometimes is combined with other medical interventions after the accident to quicken your recovery process and bring you back to a normal body functioning state. It could also form part of your ongoing physiotherapy after severe bodily injuries.

Chiropractic therapy is usually included in the compensation you received for either current or future medical expenses or settlement for pain and suffering. The average settlement for chiropractic and other injuries due to a car accident is around $25,000 to $40,000.

Minor rear-end collision settlement

Just like any minor car accident, a minor rear-end collision settlement is usually between $3,000 to $10,000. You actually do not need the services of a car accident attorney because getting a payout from your insurance for such an amount is hassle-free.

What is the average payout for a rear-end collision in Florida?

In Florida, the average payout for rear-end collisions is slightly lower than in many other states. You should expect an average payout of around $16,000 for your rear-end collision in Florida. 

What is the average settlement for a car accident in Florida?

Florida is one of the no-fault states in the USA. Every driver is required to carry personal injury protection (PIP) coverage from which he/she gets compensated. You have no right to go after another driver or his/her insurance company unless your medical bills exceeded your PIP policy limits.

According to injury lawyers,  the average settlement for a car accident in Florida is somewhere between $300,000 and $6,200,00. This gives you a rough estimate and therefore your case could fetch figures lower or higher depending on the car accident circumstances.

Conclusion. 

Determining how much your rear-end car accident will settle for is not straightforward because I have heard and seen some cases settle for as low as $3,000 and other severe cases settled for millions of Dollars.