Rear End Accident Liability Concerns


Our experience is that a large majority of car accidents are the result of a rear end accident. While many of these are minor “fender benders”, they can still lead to meaningful injuries for one or both drivers or passengers in the car accident.

Treating Injuries From A Rear End Car Accident

If your injuries are soft tissue injuries—no broken bones—then you may seek immediate emergency treatment from the scene of the car accident. Most likely, you’ll be referred to a chiropractor or physical therapist for a course of therapy designed to help you recover from the accident. If you are working with a personal injury lawyer, typically your medical provider will defer their bill until you reach a settlement with the other driver’s insurance company. Your personal injury lawyer can facilitate this relationship by communicating with the medial provider.

Your may also have Medical Payments coverage under your own insurance policy. This is an option when taking out your insurance policy. Your personal injury lawyer will reach out to your insurance company to determine if you have the coverage, and help facilitate a payment. There is no harm in you using this aspect of your own auto policy if you have already paid for the coverage.

Establishing Liability In A Rear End Accident

Liability in a rear end accident is typically clear. While there are some exceptions for sudden stopping done by the driver in front, in North Carolina it is almost always the responsibility of each driver to leave enough stopping distance between your vehicle and the next vehicle, to accommodate sudden stopping.

Because each personal injury claim has two key components (Liability and Damages), a rear end accident claim tends not to involve an argument over liability as much as a negotiation over your damages.

Damages In A Rear End Accident

First, you must establish that damages exist. This is one key component to a successful Negligence claim. At the scene of the car accident, you can do this by taking photos of the position of the vehicles, as well as the physical damage to your own car. It is not a bad idea to take photos of the other vehicle damage as well—it can establish the severity of the accident, and also help to establish how the vehicles made contact with one another.

Obtaining a police report is a key element in overcoming liability and also goes toward establishing damages. The police report may list witnesses, insurance companies, and also a narrative written by the officer, regarding the car accident. If you know a police report was generated for your car accident but you don’t have one, we can obtain one for you for FREE.

Using A Personal Injury Lawyer For Your Rear End Accident

While your claim may seem uncomplicated by the nature of being rear ended, if you proceed without a personal injury lawyer you’ll quickly find that there are hurdles to maximizing your damages recovery. Not only will insurance adjusters hurry you through the process of settling the claim, but they may pick up value at each turn by offering you less money for your property damage, minimizing your medical damages, and settling your claim prior to making sure you’ve received all the medical treatment you need.

Your personal injury lawyer will also negotiate your medical bills as part of your settlement. While you’ll get a full explanation of how this aspect of settling the claim works, essentially it means more money from the settlement goes into your pocket.

If you have been in a rear end accident and would like to speak with a personal injury lawyer, we’re here to help. Call us at 704.749.7747 or email us HERE to tell us when you’d like to speak. The consultation is free and it’s part of our job. We hope you’ll choose to Recover With Us.

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