Rear-end Crash: What to Do After the Accident and How to File a Claim

Rear-end collisions frequently occur on Florida’s bustling roadways, including city streets and major highways like I-75. Common causes include following too closely, driver distraction, or abrupt stops, which can lead to injuries from mild whiplash to serious trauma. After such an accident, understanding your legal rights after a car crash is crucial for recovery, both health-wise and financially. While this overview is for informational purposes, seeking legal counsel provides personalized advice for your unique circumstances.

Immediate Steps After a Rear-end Crash

Immediately after a rear-end collision, your top priority should be safety. If you can, relocate your car to a safe spot away from oncoming vehicles and activate your hazard lights. Examine yourself and anyone else in your vehicle for injuries, keeping in mind that adrenaline may hide symptoms. Contact 911 to report the incident, as Florida law mandates reporting accidents with injuries, fatalities, or property damage exceeding $500.

Exchange information with the other driver, including names, contact details, insurance info, and vehicle registration.

It’s critical to avoid admitting fault at the scene, as this could complicate your rear-end crash claim later. If there are witnesses, gather their contact information: they can provide valuable statements about the rear-end crash. Police will arrive to create an official report, which is crucial for insurance purposes. Be honest but concise in your account of the rear-end crash. A medical team will offer hospital transport if there are injuries in need of medical attention. 

Documenting the Scene of the Rear-end Crash

Thorough documentation strengthens any claim related to a rear-end crash. Use your phone to photograph vehicle damage, skid marks, road conditions, and traffic signs. Take  wide-angle shots that show the positions of vehicles post-rear-end crash to illustrate how the collision occurred.

Note that the weather, time of day, and any contributing factors like construction zones can influence a rear-end crash investigation. Collect witness statements if possible, as they can corroborate your version of the rear-end crash.

Preserve evidence like dashcam footage or nearby security videos. In a rear-end crash, such visuals can clearly show the sequence of events, aiding in fault determination. Our law firm recommends organizing all this immediately, as memories fade and evidence can disappear. For additional tips, review our guide on what to do after a car accident.

Who is at Fault in a Rear-end Collision?

Determining who is at fault in a rear-end collision is often straightforward under Florida law, but not all of the time. Usually, the rear driver is presumed at fault for failing to maintain a safe distance or react appropriately, as per Florida Statute 316.0895, which addresses following too closely. This presumption holds in most rear-end crash situations, making the trailing driver liable for damages.

However, exceptions exist when questioning who is at fault in a rear-end collision. For instance, if the front driver suddenly reverses, brakes without reason, or has malfunctioning taillights, fault could shift or be shared. Florida’s comparative negligence system allows for apportioned blame. If you’re 20 percent at fault in a rear-end crash, your compensation reduces by that amount.

In accidents that are complex, reconstruction experts may analyze the rear-end crash to clarify who is at fault in a rear-end collision. Our attorneys often use police reports, witness testimonies, and vehicle data to challenge presumptions and protect clients’ interests.

Seeking Medical Attention After a Rear-end Crash

Even if symptoms aren’t immediate, seeking medical care after a rear-end crash is essential. Whiplash, back injuries, or concussions can manifest hours or days later, and Florida’s no-fault insurance (Personal Injury Protection, or PIP) insurance covers up to $10,000 in initial medical costs regardless of fault. Visiting a doctor within 14 days of the accident allows you to qualify for full PIP benefits following a rear-end crash.

It’s key to describe all symptoms accurately: headaches, neck pain, or dizziness could indicate serious issues from the rear-end crash. Follow-up with specialists if needed; diagnostic tests like MRIs can reveal hidden injuries. Documenting treatment links your health issues directly to the rear-end crash, critical for claims.

Delaying care not only risks your health but can lead insurers to argue injuries aren’t related to the rear-end crash. When determining who is at fault in a rear-end collision, medical records also support the severity of impact.

​Filing an Insurance Claim for a Rear-end Crash

Navigating insurance after a rear-end crash starts with notifying your provider promptly. Under Florida’s no-fault system, your PIP handles personal injuries first, but for vehicle damage, file with the at-fault driver’s property damage liability (PDL) coverage. The insurance company will ask for information and any details of the rear-end crash, including the police report and photos, can help your claim. 

​If injuries go over PIP limits or meet the “serious injury” threshold, such as permanent impairment, you can file a bodily injury claim or lawsuit against the at-fault party in the rear-end crash. Gather evidence to prove negligence, especially when disputing who is at fault in a rear-end collision.

Insurers may offer settlements right away, but these often undervalue long-term costs from a rear-end crash. Review offers carefully; it’s best to get a legal review to ensure fair compensation before signing anything. 

When to Hire a Lawyer for Your Rear-end Crash

Hiring a lawyer can be invaluable after a rear-end crash, particularly if injuries are severe or fault is contested. An attorney experienced in Florida traffic laws can investigate the rear-end crash thoroughly, gathering evidence to establish who is at fault in a rear-end collision and maximize your claim.

Lawyers handle negotiations with insurers, who often minimize payouts for rear-end crash victims. They calculate comprehensive damages, including medical bills, lost wages, pain and suffering, and future care needs stemming from the rear-end crash.

Most operate on contingency, meaning that there are no fees until the case is successful, making it accessible. If litigation is needed, they’ll file within Florida’s two-year personal injury statute of limitations for your rear-end crash case.

Common Challenges in Rear-end Crash Claims

Rear-end crash claims can face hurdles like disputed fault or inadequate insurance. If the trailing driver is uninsured, your uninsured motorist coverage may apply, but limits vary. When unclear on who is at fault in a rear-end collision, comparative negligence can complicate awards.

Insurers might claim pre-existing conditions caused injuries, not the rear-end crash. Counter this with detailed medical histories showing the crash’s impact. In multi-vehicle rear-end crash pile-ups, identifying all liable parties requires expertise.

Our law firm has navigated these challenges, ensuring clients receive deserved compensation despite obstacles in rear-end crash resolutions.

A rear-end crash can disrupt your life and be extremely stressful, but knowing the steps, from safety measures to filing claims, puts you in the best position. Remember, while the rear-end driver is often at fault, exceptions exist, and professional help clarifies who is at fault in a rear-end collision.