Being rear-ended while stopped can lead to some serious physical injuries, emotional distress, and financial burdens in the form of car repairs and medical bills. Rear-end collisions are among the most common types of accidents on the road, and many people don’t realize that they have specific rights when they are the victim of such an incident.
That’s why it’s important to understand your legal rights in order to ensure that you receive proper medical care, fair compensation, and protection from liability. In this blog, we’ll guide you through the important steps you should take and your rights following a rear-end collision.
- The Right to Immediate Medical Attention
As mentioned above, a rear end collision can result in serious injuries and trauma. Even if you feel all fine initially, there are some injuries that may not be visible right away. In these cases, delaying medical treatment can worsen your injuries and make it harder to prove the extent of your damages later on.
Legally, you have the right to seek medical treatment, and this is often covered by the at-fault driver’s insurance. Make sure you follow your doctor’s recommendations and keep detailed medical records, as these will play a crucial role in any personal injury claim you file.
Even if the other driver’s insurance company tries to downplay your injuries or suggests that medical care is unnecessary, do not ignore your health.
- The Right to Hold the Other Driver Accountable
In a rear-end collision, liability is generally clear-cut. The driver who rear-ends another vehicle is almost always considered to be at fault because drivers are required by law to maintain a safe distance from the vehicle in front of them. This rule is meant to account for any sudden stops or traffic changes.
You have the right to hold the other driver accountable for their negligence. This means that if the accident was caused by the other driver’s distraction, speeding, or failure to brake in time, you have a solid case for compensation.
In most cases, the at-fault driver’s insurance company will handle the costs of your medical bills, car repairs, and other related expenses.
- The Right to File a Police Report
After the accident, you have the right to contact the authorities and file a police report. The police report is an official document that provides an objective account of the accident, detailing the circumstances surrounding the crash, the damage to the vehicles, and any witness statements.
The police report will play an essential role in your insurance claim or any potential legal action. Insurance companies and courts often rely on this report to determine who was at fault and the severity of the crash.
Without this official documentation, it may become more difficult to prove your case, so it’s critical to make sure a report is filed, even if the other driver tries to talk you out of it.
- The Right to File an Insurance Claim
As a victim of a rear-end collision, you have the right to file a claim with the at-fault driver’s insurance company. Depending on your policy, you may also file a claim with your own insurer. Either way, your goal is to receive compensation for medical expenses, vehicle damage, lost wages, and any other financial losses incurred due to the accident.
The insurance claims process can be complex, and insurance companies may try to minimize your compensation. However, you have the right to negotiate a fair settlement that reflects the full extent of your damages.
If the insurance company offers an unfair settlement, you can challenge the offer, and if necessary, take legal action with the help of an attorney.
- The Right to Compensation for Damages
After being rear-ended, you are entitled to seek compensation for various types of damages. This can include:
- Medical expenses
- Vehicle repair or replacement
- Lost wages
- Pain and suffering
The amount of compensation you are eligible for will depend on the severity of the accident, the extent of your injuries, and the insurance policies involved. Keep detailed records of your medical bills, vehicle repair costs, and any other expenses related to the accident.
- The Right to Legal Representation
In many cases, it’s advisable to hire a personal injury attorney after being rear-ended, especially if the accident has caused significant injuries or financial losses. An attorney can help you navigate the complex legal and insurance processes and ensure that your rights are protected and that you receive fair compensation.
Insurance companies often try to offer low settlements, hoping that you’ll accept the first offer without realizing the full value of your claim. A skilled attorney handling rear end accident cases can evaluate your case, gather evidence, negotiate with the insurance company, and even take your case to court if necessary.
- The Right to Appeal a Denied Insurance Claim
If your insurance claim is denied, you have the right to appeal the decision. Insurance companies are required to provide a reason for denying a claim, and you can challenge this decision if you believe it was made in bad faith or without sufficient cause.
To appeal a denied claim, you’ll need to gather additional evidence, such as medical records, repair estimates, or witness statements, that support your personal injury case. You may also need to work with a personal injury attorney who can guide you through the appeals process and negotiate with the insurance company on your behalf.
- The Right to Protect Your Privacy
After a rear-end collision, you may be contacted by the at-fault driver’s insurance company or legal representatives. While you are required to cooperate with your own insurance provider, you are not obligated to give a recorded statement or share personal information with the other driver’s insurer without legal representation.
Insurance adjusters may try to get you to say things that could hurt your case, such as admitting fault or downplaying your injuries. You have the right to refuse to answer their questions until you have spoken with your attorney.
