Determining a Rear End Accident Payout


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Rear-end collision are the most common types of car accidents. About 2.5 million of these accidents occur each year. In most accidents, the fault lies with the car that hit the back of the other car. Given the degree of damage to a car's rear end, proving these cases is often not difficult. The reasons for rear-end collision can be manifold, cell phone distraction, negligence in switching lanes etc.

As a result of these accidents, the most common types of injuries are neck and back injuries, which include whiplash and damage to other tissues. Treating these injuries often requires expensive and lengthy medical care. In most cases, the injured party can sue for medical damages in these accidents.

Proving Negligence

To claim the damage, you have to prove the other party’s negligence. In a rear-end collision the concerned driver is negligent because he wasn't paying sufficient attention and didn't keep a safe distance between vehicle. If the liability is clear and insurance company acknowledges your case, you can start deciding on the settlement value. If liability is not clear and the insurance company that you're dealing with denies liability, you should hire a lawyer.

If both the drivers in an accident are proven to be negligent then the settlement becomes complicated. In some states your claim is completely defeated if you are also proven to be negligent along with the other driver. Such cases are called contributory negligence. So you need to prove in such states that the other driver was negligent and you were not. In some states your claim is partially reduced in case your negligence is also proven. This is called comparative negligence. It means that the injured person's claim is reduced by the percentage of his negligence. So basically you need to prove that you were not as negligent as the other driver.

Legal Guidance

In many cases, rear end accident liability is not clear cut. The causes might be debatable. The opposing insurance company might come up with facts and arguments to support the claim that their policy holder did not cause the accident. Alternatively, they might argue that although their driver was negligent, so were you. Hence, it is prudent to enlist legal help when you are one of the parties in a car accident settlement case.

LA-NOLO1:DRU.1.6.3.20141021.28794