Individuals involved in a collision on rear ends auto accident often wonder about the average settlement offer. It is also common to think about what they should do next as they feel entitled to the rear end vehicle collision settlement.
With the rear end auto accident settlement, there is an effective way to alleviate the car accident’s financial impacts. The settlement for rear end accidents also acts as a fair resolution for at fault and rear ended accident victims with expensive medical expenses, lost income, or worse, a wrongful death.
Working with an experienced attorney in handling read end car crash cases is advantageous if someone seeks legal advice concerning the rear end accident average settlement. Keep reading and get more familiar with the average read end collision fair settlement.
About Personal Injury Settlement
When someone aims for a rear end accident claim settlement, he accepts the lump-sum payment. However, it also means he gives up his right to file a rear end auto accident lawsuit.
Once that person wins the rear end accident settlement, he cannot demand more compensation from the insurance companies or at-fault driver whose car in front caused the accident. Most insurance companies try to settle the rear end collision accident cases as little as money as possible. That is why people should not assume that the insurance companies offer fair or much money is involved. Instead, people must refrain from following too closely on the road. In case of a claim, they must be cautious and seek legal advice from a trusted personal injury lawyer before taking a rear end collision average settlement. Attorney client relationship is a must.
How to Calculate the Value of Rear End Collision Settlement
Money from rear end collision accident settlement is meant to cover the income and medical care during the recovery. The money also covers the psychological impacts of the injury, trauma, or even loss of a loved one.
In some instances, personal injury lawyers refer to those losses as rear end collision damages. Those damages are divided into three categories: non-economic, economic, and punitive damages.
Non-Economic Damages
Not all damages from rear end accidents are financial. The rear ended accident victim’s pain and suffering, grief, and fear are some non-economic rear end collision damages.
Here are the common non-economic damages that help in calculating the settlement for a rear end collision:
Physical pain and suffering
Disfigurement
Physical impairment (inability to perform work, hobbies, and daily activities)
Distress or mental anguish
Since the rear end accident victims cannot present a bill to prove their pain and suffering, the personal injury lawyers consult with psychologists and other medical experts and track the car accident victim’s mental health treatment. The lawyers also gather statements from the car accident victims and their loved ones for the non-economic damages.
Economic Damages
A car accident victim probably experienced different financial issues after the rear-end accident, such as lost income, expensive physical therapy, and other medical expenses. He needs to pay the medical bills related to the auto crash, replace or repair the damaged property and vehicle, and even be unable to work. These losses and costs are referred to as economic damages.
If the rear ended vehicle victim experienced economic damages, he could get a bill or money due to injuries, such as:
Doctor and hospital appointments
MRIs, CT scans, and other diagnostic tests
Surgeries
Medical equipment and medication
Ambulance rides
Physical therapy
Mental health services and counseling
Lost wage-earning and income capacity
Funeral and burial expenses
Repair or replacement costs due to vehicle or property damage
Costs associated with replacement services like lawn care or cleaning if the vehicle crash victim cannot perform those tasks
The auto crash victim can work with his personal injury lawyer to calculate the economic damages. They do the calculation by collecting all the estimates, receipts, statements, pay stubs, and medical bills.
Working with a personal injury lawyer is advantageous, particularly in determining the medical treatment costs and future medical needs estimates. The lawyer also helps know how much income the rear ended accident victim will lose over the lifetime.
Punitive Damages
The jury would award the punitive damages if the rear-end collision accident victim experienced the most severe personal injury case. These damages push the at-fault driver for his actions.
The auto crash is eligible for punitive damages if the at-fault driver was reckless or acted intentionally. For instance, a drunk driving case may be involved in punitive damages.
Other Factors Affecting the Rear End Accident Settlement Value
Personal injury average settlement calculation is not as easy as calculating the lost income and medical bills. Besides the above consideration, many factors impact the victim’s rear end accident case value. These factors are critical before making a rear end car accident demand, including:
The Insurance Coverage Applies to the Rear End Collision Case
The at-fault party’s insurance policy limits are critical. If the costs are higher than the policy limits and the at-fault party does not have sufficient resources to pay the entire amount, the rear end car victim with expensive medical bills may come up short.
In Texas, for example, the drivers must carry at least $30,000 policy coverage in injuries per person, up to $60,000 policy coverage per accident they cause. If the at-fault driver operates a commercial vehicle, such as an 18-wheeler or delivery truck, the required minimum insurance is $750,000. Plus, the policy limits are higher.
However, if the at-fault driver does not have sufficient insurance coverage, the auto crash victim should look for other sources. The rear end car accident victim must have a minimum amount of uninsured/underinsured insurance. This insurance policy supplements the insurance of the at-fault driver when the losses exceed the policy limits.
The Severity of the Rear End Collisions
A rear end crash causes serious injuries, leading to life changes. Mental trauma, soft tissue damage, broken bones, herniated discs, whiplash, and damage and burns from airbag deployment. However, not all rear end collisions are the same.
For instance, someone experienced a rear end crash while riding his motorcycle due to a reckless driver. The rear end accident victim suffered organ damage, multiple broken bones, and brain injury. He required feeding and breathing tubes to survive. The non-economic and economic damages are negotiated at $750,000.
However, if a rear end accident victim suffered from a minor fender-bender and some bruises and bumps, the rear end accident settlement case are worth much less.
Personal Factors
Personal factors for the defendant and plaintiff are weighed to determine the rear end collision settlement value. These factors include medical history, driving history, occupation, income, and age.
Multiple Defendants
Having multiple defendants also impacts the settlement value. For instance, various insurance companies represent multiple defendants. So, the settlement amount can be different from other rear end collision cases.
Location
The trial’s location can influence the fair settlement or outcome, so the plaintiff and defendant should decide wisely if heading the settlement court is an excellent idea. Some areas award lower loss settlements, while others may awards higher settlements by rendering more liberal judgment.
Who Is At Fault In A Rear End Car Accident
When getting the maximum rear end settlement amount, it is critical to determine who was at fault for the car accident. It is expected that insurance companies will investigate who was the most at fault for the car accident.
Since both drivers in the auto crash can be partially responsible, determining the most at fault is essential. For instance, a driver turned his track suddenly without a signal, while a motorcycle driver drove above the speed limit. Then, the insurance company may review the auto crash case and discovered that the motorcycle driver was 40% at fault while the truck driver was 60%.
The truck driver and motorcycle driver’s final settlement for a rear end collision accident can be adjusted according to their fault percentage. In other words, the less fault a driver has, the higher the final settlement.
People should understand that no two car accidents are similar. Plus, not all driving tailing lead car cases will result to rear end collisions. Other cases can lead to rear end collisions, including:
Pushing vehicles or a middle vehicle into the lead vehicle, resulting in a multi-vehicle accident
Not using hazard lights for a deliberately slow-moving or disabled vehicle
Not clearing the disabled vehicle from the travel lane
Putting the vehicle in reverse
Changing lanes without any warning
Common Rear End Car Accident Injuries
Insurance companies categorize rear end collision injuries into two: soft injuries and hard injuries.
A soft injury refers to a minor injury involving muscles and other soft tissue, including:
Whiplash
Strained back and neck
Abrasions or bruises
Minor cuts
Minor leg or knee injuries
Ankle sprains
In a soft injury, the settlement amount of pain and suffering differs from one drive to another. For instance, a strained neck for a rear end collision victim may result in a mild pain and suffering, while it is considerable in another. As a result, a soft injury is challenging to classify and often results in low settlement auto accident claims from the insurance company.
With hard injuries, the pain and suffering experienced by rear end collision victims are more severe. These injuries usually result in a long-term, severe quality of life issues, costly medical expenses, and even lost income. In most cases, the hard injuries settlement amounts are about a thousand dollars depending on the severity.
Below are the hard injuries that often occur after an auto crash:
Head trauma
Broken bones and fractures
Bruises and scratches
Spinal injuries
Torn ligaments or dislocations
Severe wounds
Additionally, below are common injuries that someone may suffer in a rear end collision:
Whiplash
This injury is common in a rear end auto crash. With the sudden impact from behind, a jerky motion is created and results in a whipping movement, leading to a neck injury.
Head Injury
In a head injury, someone is hit at low speeds, particularly that the airbags are not deployed. The rear end auto crash causes someone to smash his head against the dashboard or steering wheel if he is the passenger.
Back Injury
Since the rear end collision force compresses the spine and back, someone involved in the auto crash becomes less mobile and stiffens up.
Seatbelt Injury
The rear end force can push someone forward while being restrained by the seatbelt. As a result, someone may suffer bruising and lacerations on the torso and chest.
Airbag Injury
Airbags within the vehicle are activated and released by the immediate impact. If a rear end collision victim had an immediate impact to his face, he might experience burns and lacerations.
Rear End Collision Settlement Process
The settlement process for a rear end collision depends on the severity of the physical injuries and whether someone wants to get legal advice from a personal injury lawyer from a trusted law firm.
In most cases, low-speed rear end accidents without apparent injuries are very straightforward. The insurance company is contacted to inform them about the rear end collision and start the Des Moines personal injury claims.
Working with a personal injury attorney is advisable if the rear-end auto crash victim suffered physical injuries. He can get a free consultation to review the rear end collision settlement case and evaluate the options, particularly if high medical expenses are involved.
Below are the steps for a rear end collision settlement process:
Investigation
The lawyer handling a personal injury case with free consultation will file a claim with the at-fault driver’s insurance company. The insurance adjuster will then review all the rear end collision’s aspects, including medical records and other evidence. Then, they will render the settlement claim judgment.
Consultation
The personal injury lawyer will work with experts, including doctors, accident deconstructionists, or engineers, to improve the settlement claim’s standing. Those determinations are added to the claim.
Review
The personal injury lawyer will conduct a careful and thorough insurance policy coverage review. The policy involved in the rear end collision settlement claim will help figure out the compensation source. It will also help access additional payments for losses the car accident suffered.
Lawsuit
The personal injury lawyer will file a lawsuit in the civil court. The said lawsuit is against the insurance company.
Negotiation
The negotiation step is usually ongoing throughout the rear end car accident settlement process between the personal injury attorney and the health insurance company. Even after the filing of the lawsuit, this step may continue.
FAQ
How long does it take to settle a rear end collision?
The time it takes to settle a rear end collision depends on many factors like injury severity and the available policy limits. For instance, if someone has serious injuries and a small settlement amount in the health insurance policy limit is available, he is more likely to receive the settlement for the rear end collision claim faster.
The state law in some states forces the insurance companies to settle the rear end collision claim. If the insurance company fails to make the rear end collision settlement within the specified timeline, the policy limits owed might exceed.
If the rear-end collision victim suffered a minor injury and has high policy limits, the settlement case usually takes longer than usual. The car accident victim may be required to wail until the medical treatment is finished before getting the settlement. However, if the settlement cases go to trial court, he needs to wait for years before he receives the settlement.
Meanwhile, if the victim suffered from injuries that exceed the policy limits, he is more likely to receive the settlement within 30 or 90 days. He needs to confirm what he owes his medical providers and health insurance company to prevent additional time to settle the accident claim.
How much should I get for a car accident settlement?
Insurance companies do not have exact formulas to calculate the car accident settlement amount. If someone only sustained damage to the vehicle, he can be reimbursed based on the policy limits. However, if he suffered severe injuries, he can get a car accident settlement claim to cover the lost wages, vehicle repairs, and medical bills.
For example, someone suffered from a back injury and paid doctor’s and medical bills of $5,000 and lose $2,000 income. The average rear end collision settlement can be about $21,000 and fall somewhere between $14,000-$28,000.
How much are most car accident settlements?
It is hard to figure out the average settlements for rear end accident cases, particularly that each case is unique. On the other hand, below is a basic guideline according to different circumstances:
Loss of brain function or cognitive impairment, requiring surgery: $100,000-$250,000
Spinal injuries not resulting in paralysis: $75,000-$100,000
Long-lasting injuries, requiring physical therapy or surgery: $50,000-$75,000
Minor injuries like whiplash or soft tissue damage: $10,000-$25,000
How much is a neck and back injury settlement?
Neck and back injuries cause the rear end collision victims significant lost wages, temporary or permanent disability, and pain and suffering. The settlement values for neck and back injury settlement values can reach millions. If the victim of rear end accidents experienced minor neck and back injuries, the amounts of the settlement are often smaller, ranging from $10,000 to $100,000.
Conclusion
The settlement amounts for rear end car accidents differ based on the damage level, depending on the car accident circumstances. Reviewing the physical injury, financial loss, damage due to a car accident help provide a justifiable rear end collision settlement. Working with a personal injury attorney from a trusted law firm will help get an accurate value of your settlement and avoid insurance company issues. Plus, the lawyer ensures that you can be an eligible for the personal injury protection coverage if the accident happened in someone else's car.