According to the Insurance Institute for Highway Safety (IIHS), in 2023, 1,177 passengers in rear crashes died. These accidents can be terrifying, as things might be okay one second, and in the next, there’s a heavy impact coming from behind.
You might thank your lucky stars if you manage to survive such a crash, but the reality is that it’s very likely you’ll suffer from long-term issues. To ensure these consequences are minimized and that your financial burden isn’t unmanageable, you need to know what to do in the case of rear-end collision injuries.
Are you now curious about protecting your health post-collision and the injury claim process? Then keep reading. We’ll show you exactly what to do.
The Initial Steps After the Accident
You should call the police immediately, as there will be an official record. They’ll document the accident, who was involved, and any citations issued. While a rear-end accident puts the trailing driver at fault in most cases, an official report can solidify things.
Next, seek prompt medical attention. If there’s a gap in your treatment, then this can weaken your claim, as insurers and defense attorneys look for evidence that you’ve had consistent care; this validates your injuries. Make sure you save every:
- Bill
- Diagnostic result
- Doctor’s note
Keeping a journal of your symptoms, pain levels, and limitations can be helpful too.
Consult a Personal Injury Attorney Early
A personal injury attorney can assist with your legal rights after a collision, especially since insurance adjusters are trained to minimize payouts and shift blame. A legal professional can protect your rights, as well as calculate fair damages, and handle negotiations or litigation for you.
Here’s a quick list of what they can do for you:
- Collect evidence and build your case
- Communicate with insurers on your behalf
- Help you avoid statements that can be used against you
- Ensure your claim is filed within your state’s statute of limitations
Avoid Giving Recorded Statements Without Legal Advice
Anything that you say can easily be twisted or taken out of context by the at-fault driver’s insurance company. It’s very important that you don’t say things like “I feel fine” or “I don’t hurt too badly,” as these statements can be used to deny or reduce your claim.
You should politely decline to provide a recorded statement without legal counsel. Instead, let your attorney handle all direct communications.
Initiate a Personal Injury Claim
Navigating collision insurance claims can be challenging, so this is where your lawyer can be a major help. They’ll assist with a third-party claim with the at-fault driver’s insurer.
The claim will include:
- Medical expenses (past and future)
- Lost wages or loss of earning capacity
- Pain and suffering
- Property damage
- Out-of-pocket expenses (transportation, medical devices, etc.)
You should note that if the driver was uninsured or underinsured, your attorney might help you file a claim through your own UM/UIM policy. Whatever happens, you’ll have more peace of mind during your rear-end accident recovery process.
Gather Evidence to Strengthen the Legal Case
To build a solid case, your attorney or legal team will collect:
- The police report
- Medical records and bills
- Photos from the scene
- Dashcam footage (if available)
- Witness statements
- Employment records (to prove lost wages)
- Expert opinions (doctors, vocational specialists)
The stronger your evidence, the more negotiating power you’ll have.
Understand Comparative Negligence Laws
The laws regarding fault and compensation vary by state; both Florida and Wisconsin use comparative negligence rules. In Florida, if you’re over 50% responsible for the accident, then you can’t recover any compensation. It’s the same in Wisconsin, but if you’re under 51%, your damages are reduced proportionally.
Essentially, your compensation can be reduced or eliminated based on your percentage of fault. This is why it’s essential to have thorough documentation and legal representation.
Negotiate the Settlement Strategically
Most likely, the insurance company will start with a lowball offer. Don’t accept the first offer; your attorney can send them a demand letter that helps with negotiations.
If you can’t reach a fair settlement, then your attorney may file a personal injury lawsuit. The steps are:
- Complaint filed
- Discovery phase
- Depositions
- Motions
- Trial
- Judgment or settlement
You should know that most cases settle before reaching trial. However, you should be prepared to litigate to increase your leverage.
Monitor Deadlines for Statute of Limitations
Every state has its own strict statutes of limitations, which are how long you have to file a personal injury lawsuit after the collision. Florida’s statute of limitations is two years, and Wisconsin’s is three years.
If you don’t file promptly, then this can lead to denied insurance claims, and it can bar you from suing altogether.
Track and Calculate Damages Thoroughly
Don’t leave money on the table; if you do a full accounting, then you’ll be more financially secure. Of course, economic damages include medical bills, lost wages, and property damage. But there are also non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment in life
There may also be punitive damages in rare cases. For example, the at-fault driver’s behavior may have been grossly negligent.
Avoid Social Media Pitfalls
Modern society values sharing your daily life on social media, but it can be harmful to your case. Often, insurance companies monitor claimants’ accounts to look for evidence that can undermine your credibility. For instance, they’ll search for posts that:
- Show physical activity
- Contradict claimed injuries
- Reference the accident or case
It’s best to stay off social media or lock down your profiles during the claim process. And never discuss your case online, just to be safe.
Minimize Issues From Rear-End Collision Injuries
Rear-end collision injuries can be terrible to suffer through, and financial worries can make your burden all the worse.
The good news is that these collisions are often straightforward in a legal sense, as there’s almost no doubt who’s at fault. The harder part is securing full compensation, which requires strategic action. So, make sure you follow the steps in this article and secure a fair settlement or award.
Schedule a free video consultation with us now if you’ve recently had a rear-end collision. RHINO Lawyers offers FREE case reviews, backed by our attorneys’ combined experience of over 55 years.
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY
In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.
Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.
