You are here

Filing a Claim Against Someone Who Rear-Ended You

Filing for a claim following a car accident is not as easy as it should be given the stringent process of most insurance companies. They cannot be faulted for being strict not only because profit is their main purpose of existence but because insurance fraud abound.

However, for car accidents constituting no-doubt liability, it should be easy to see who is at fault such as in a rear-end accident.

If you have been involved in an accident where a driver rear-ended your vehicle, you should not hesitate on filing a personal injury claim. Rear-end collisions is typically the other driver’s fault for hitting you from behind, except in instances when you brake lights is not working or you did not use your signal lights.

Determining Damages Caused by the Accident

Being rear-ended could vary in impact depending on many factors. What is important is that you manage to be compensated for the injury and damage to property incurred. Some of the most obvious repair expenses that should be included in the calculation for damages are as follows:

  • Repaint of the scratched parts of the car;
  • Replacement of back lights;
  • Back hood repair;
  • Car window repairs, etc.

To Find out how to determine damages in your personal injury claim click here.

Filing a Claim Against Someone Who Rear-Ended You

You have the option of having the repairs conducted and reimbursing the insurance company, or wait for the insurer to provide you with their estimate and decide whether to agree with it or contest it.

You should however be wary that some insurance companies will intentionally delay this matter. You should not let such inaction transpire.

As for Injuries incurred, they may be compensated through the insurance claim by the provision of all relevant medical expenses, bills, statements, receipts and copies of examinations made. However, besides physical injuries, you can also claim for emotional injuries, which includes pain and suffering, emotional distress, and loss of enjoyment and consortium.

Importance of Proving Liability

It is the insurance company’s responsibility to determine who is at fault in any car accidents. This task becomes easier in cases of “no-doubt liability” as with a rear-end accident. Unless it is clear that there is carelessness on your part, the other driver will likely be at fault for hitting the back of your vehicle.

Regardless of the situation however, it is important to keep in mind not to admit fault. Claims adjusters may try to deceive you into admitting liability and they do this in ways that is not obvious. To achieve this is an advantage on their part since they will no longer have to pay for the claim if it is your fault.

It would also help your case if you can provide proofs that the other party is at fault by showing photos of the accident where it clearly shows that he hit your car’s rear, witness statements, police report and CCTV videos that would show the actual incident as it happened.

Acquire the Help of an Expert Personal Injury Attorney

Filing a claim is a legal proceeding involving a highly experienced insurance company and claims adjuster. It is to your advantage to acquire the help of an expert personal injury attorney to handle your claim and make sure that the relevant personal injury laws in the state where the auto accident occurred are considered to help your case.To find out if you have a claim, take our Free Case Evaluation.

Call Now For a Free Case Evaluation: 844-650-3888