Rear Shunt Accident – How To Make A Claim

Our guide examines whether you can claim compensation if you are injured in a rear shunt accident. This is a road traffic accident that involves two vehicles colliding with each other, with the one behind crashing into the back of the one in front.

How To Claim If Injured In A Rear Shunt Accident Which Was Not Your Fault

Rear shunt accident how to make a claim guide

Rear shunt accident how to make a claim guide

A rear shunt accident could severely impact your quality of life. Your injuries could result in musculoskeletal problems or whiplash. As a result, you may not be able to live your life normally. It could even affect your ability to work.

In a car accident or other type of road traffic accident, fault can be hard to determine. If you are rear-ended, it is essential the person responsible is identified. In short, you must gather adequate evidence to prove who is at fault. A specialist solicitor can be of assistance. Additionally, the solicitor can begin the claim process on your behalf.

For a free claim evaluation, call us today on 0800 073 8801. You can also contact us about your case and request a callback. An adviser will get straight back to you.

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A Guide To Rear Shunt Accident Claims

You may be entitled to compensation if you were injured because of a rear shunt accident. However, you are only entitled to compensation if you were injured due to the negligence of a third party.

Throughout this guide, we will examine what rear-end accidents are and how liability is determined. We will also talk about a driver’s duty of care towards other road users.

Furthermore, we will explore how much compensation you could receive for the injuries you suffered in a rear shunt accident. If you are planning to pursue a compensation claim, we will examine how a No Win No Fee agreement could benefit you.

If you have been injured in a rear shunt accident, we can help you file a claim. You can reach us by phone or through our online claims form. If we determine that you have a legitimate case, we will assign an experienced personal injury lawyer to handle your claim.

If you would like to learn more, continue reading this guide by clicking on the sections below.

What Is A Rear Shunt Accident?

When one vehicle collides into the back of another, it is called a rear-end collision. Many of these accidents are caused by drivers who follow too closely to the car in front of them.

When the driver behind is travelling too fast and too close to the car in front, they have less time to stop in an emergency.

A rear shunt accident can cause all sorts of injuries. This includes

  • Injuries to the neck like whiplash
  • Back injuries
  • Brain damage
  • Concussion
  • Nerve damage (legs and back)
  • Blunt-force trauma when a person hits the windshield or steering wheel
  • Spinal cord injuries

If you’ve suffered any of these injuries and want more information on your circumstances, get in touch. You can reach a member of our team by calling the number listed above. They are more than happy to provide free legal advice regarding everything related to the process of filing such a claim.

Who Could Be At Fault?

Road users owe a duty of care to all drivers. This is outlined in the Highway Code. Drivers and all other road users should follow the rules outlined in the Highway Code to reduce the risk of an accident happening. Some of the rules ‘must’ be followed. However, other rules in the Highway Code are given as a guideline only.

Determining who is at fault in a road traffic accident can be challenging. However, when you are involved in a rear shunt accident, the driver who hits you from behind is frequently in the wrong. This could be due to the following:

  • The driver behind was following you too closely
  • They were driving with undue care and attention
  • Their vehicle was defective

That said if you braked suddenly and did not give the car behind enough time to react, determining who is at fault is more complicated. The section that follows goes into this in more detail.

Contact our team today for more information about where the fault lies in the event of a rear-ending. Please let us know how we can help you with your claim, and we can offer free legal advice about it.

What If I Stopped Suddenly Or Broke Sharply?

The lead driver of another vehicle can be at fault in a rear-end collision if they reverse into your car. Reversing before looking can lead to an accident and the lead car could be at fault.

However, you may wonder if you would be at fault if you hit the back of a car that suddenly stopped. Coming to an even stop is better than suddenly braking when driving. If a child or animal is running into the road, a road user may need to make an emergency stop that cannot be anticipated.

Keeping a safe stopping distance is vital for this reason. A rear shunt accident caused by the sudden braking of another driver may not warrant a claim, especially if there was no justifiable reason for stopping.

We are able to assist you if you call the number listed above, so please feel free to reach out. We are more than happy to provide you with free legal assistance regarding everything related to the process of filing a claim.

Can I Claim If I Caused The Accident?

It should still be possible to file a claim even if you were partially responsible for the accident. A split liability agreement is usually reached in these cases. For instance, if neither driver was looking at the time, perhaps distracted on their phones. Therefore, you would receive 50% less compensation if you were half to blame for the accident and injuries.

Call today to find out if you have a valid case and whether you could seek compensation following a rear shunt accident even if you were partially to blame.

Could I Claim If Hit By An Uninsured Or Untraced Driver?

On UK roads, uninsured drivers and untraceable drivers are responsible for injuring 26,000 people every year. It is typically the defendant’s insurance company that pays you a settlement after a road accident.

However, what should you do if the other driver doesn’t have insurance or doesn’t stop at the scene of the rear shunt accident?

The police and your insurer should be notified as soon as possible if a driver runs away from the accident scene. Next, you should contact the Motor Insurers’ Bureau (MIB) if the attempt to identify the driver failed or the driver was not insured.

Unlike insurance companies, the Motor Insurers’ Bureau (MIB) compensates victims of traffic accidents caused by uninsured or unidentified drivers. Contributions from car insurance premiums fund the MIB.

You can only submit a claim to the MIB if:

  • An untraceable or uninsured driver caused your injuries
  • All efforts to identify the other driver failed
  • The accident happened abroad, or in the UK by a foreign vehicle

We can help you determine if you have a valid case and whether you can sue for compensation following a rear shunt accident. We can also help determine whether you can submit an application to the Motor Insurers’ Bureau.

What Should I Do At The Scene Of The Accident?

There are things you can do at the scene of a rear-end accident to support your claim for compensation. Of course, the first step is to seek the appropriate treatment for any serious injury if you or someone close to you is injured.

To support your claim, here are some ways you could collect evidence:

  • If you have sustained injuries or damage to your vehicle, take pictures of them. Take pictures of the road hazard that contributed to your injury, if relevant
  • Witnesses can provide important information to support your claim, so make sure you get their contact information. Even if there were no witnesses to your accident, you may still be able to claim
  • If you need medical treatment, visit a hospital or doctor. The medical records will provide evidence for your claim, so it is crucial for you to retain copies

The following evidence can also support your claim:

  • An investigation or report of the accident by the police
  • Insurance company reports
  • Footage from a dashboard camera

Rear Shunt Accident Compensation Calculator

To illustrate the potential amount of compensation you might receive, we have created the table below. This table gives details of potential compensation figures based on guidelines issued by the Judicial College.

Type of injury sustainedFurther detailsPotential Compensation Payout (Judicial College Guidelines)
Moderate injury to the neckAn injury involving soft tissues or wrenching injuries which results in limitation of movement and recurring or permanent pain£12,900 to £23,460
Moderate neck injury The circumstances in these cases include moderate soft tissue injuries that have been relatively protracted in nature and where there is increased vulnerability to further injuries and trauma that may have accelerated and/or exacerbated pre-existing conditions£7,410 to £12,900
Minor injury to the neckA minor soft tissue injury that can be fully recovered from within one to two years £4,080 to £7,410
Minor neck injury Injuries to the soft tissues that are not considered to be serious, but which can be fully recovered after around three months to a year £2,300 to £4,080
Minor neck injuryA minor soft tissue injury that is fully recovered within three monthsUp to £2,300
Minor injuries to the backIn a period of two to five years, the patient has achieved a full recovery or has recovered to a level that is not causing nuisance£7,410 to £11,730
Minor back injuriesIn this case, there is a full recovery without the need for surgery within a few years£2,300 to £7,410
Minor back injuriesThe patient recovers fully within three months of the initial injuryUp to £2,300
Moderate psychological harmDespite the kinds of problems that are associated with life, education, and work, there will have been signs of progress, and the prognosis will be favourable £5,500 to £17,900
Moderate psychological harmWhen determining the level of an award, the length of the disability period and the degree of impact of the disability on a patient's daily activities and sleeping patterns will be taken into consideration£1,440 to £5,500
Minor injuryWithin the first seven days after receiving an injury, the victim has recovered completely from that injuryA few hundred pounds to £650
Minor injuryThere are injuries in which there is a complete recovery within 28 days of the injury£650 to £1,290

Our table only provides information on general damages, which is the part of your settlement that is paid out as compensation for your physical and mental injuries.

To prove the accident caused the injuries, as well as to determine how severe they are and how long they will last, you will have to undergo a medical evaluation which must be done by an independent expert. They will detail their findings in a report that explains the severity and prognosis.

An adviser can answer the questions you have about a rear shunt accident, so please give them a call today.

How Is Compensation Calculated?

You may be able to seek compensation not only for general damages but also for any expenses incurred due to your injuries. This aspect is known as “special damages”.

The following are examples of special damages that may be claimed:

  • Medical expenses
  • Travel expenses
  • Lost income
  • Loss of future earnings
  • Care costs

It is also possible to receive funding for home adaptations if you’ve sustained a severe injury and are left permanently disabled.

Get in touch to find out more about rear shunt accidents and whether you can claim.

How Could The Whiplash Reform Program Affect My Claim?

With the Civil Liability Act 2018, the Government is taking a variety of measures to address what some perceived to be high costs associated with road traffic accident claims. In addition to reducing premiums, these reforms will ensure that injury claimants receive proportionate compensation for their injuries.

Measures include:

  • The legal definition of whiplash
  • For injuries that last up to two years, there is a fixed tariff value
  • Claims cannot be made without medical evidence
  • The small claims limit will increase from £1,000 to £5,000

Since the small claims limit has been increased from £1,000 to £5,000 a Claims Portal was set in place to help claimants file a case.

If you have been involved in a rear-end collision, you could be entitled to compensation by making a personal injury claim. Furthermore, one of our advisers can determine if you have good cause to seek compensation. They can also advise you whether you need legal representation. Moreover, a lawyer from our panel could act on your behalf on a No Win No Fee basis.

No Win No Fee Rear Shunt Accident Claims

You may be able to file your compensation claim on a No Win No Fee basis if you were involved in a rear-end car accident. Essentially, your solicitor will provide you with a No Win No Fee Agreement (also called a Conditional Fee Agreement). Before you pay the lawyer a legally capped success fee, there are a few conditions.

The agreement stipulates that a No Win No Fee solicitor does will not ask for payment in advance, during the claim’s process, or if your claim fails. You will pay a legally capped success fee when you win your claim. The fee you pay a No Win No Fee lawyer is deducted from your compensation in a successful rear shunt accident claim. It is used to pay your lawyer’s costs.

Read our online guide to learn more about how a No Win No Fee claim could benefit you. An adviser is ready to take your call. They can offer free legal advice on how best to process this type of claim.

Why Choose Us For A Road Traffic Accident Claim?

You could ask family and friends for recommendations when looking for the right solicitor to represent you. Another option is to look at solicitor reviews online. These days you don’t have to work with a local solicitor because you can discuss everything over the phone, via Skype, or video conference. Alternatively, you could get in touch with one of our expert advisers.

If we find you have grounds to sue for compensation, we can connect you to a specialist personal injury lawyer. They could offer you No Win No Fee terms. Our solicitors have the necessary legal expertise to handle your case. Their experience will help get you the level of compensation you deserve in a successful rear shunt accident claim.

Start Your Claim

To start your claim today, just get in touch with a member of the Accident Claims team. You can reach an expert adviser in the following ways:

We provide free legal advice and are always here to answer any questions you have about liability in a rear shunt accident. We can introduce you to our solicitors who could act on your behalf on a No Win No Fee basis. This takes all the pressure of finding the funds to pay upfront from legal representation.

Essential Road Accident Claim References

Links to external websites:

The Motor Insurers’ Bureau (MIB)

The Highway Code

The legal obligations for road users

Links to helpful Accident Claims guides

The No Win No Fee process explained

Uninsured driver claims

Non-fault claims

Road Safety Statistics

Based on statistics on road injuries reported in Great Britain in 2020, the following happened:

  • 1,460 road deaths were reported in 2020
  • Casualties of all severities decreased by 25% in 2020, to 115,584
  • Pedal cyclist casualty rates fell more than anything else, by 34%

FAQs

What is a shunt accident?

A shunt accident happens when a vehicle is pushed forwards by the vehicle behind it.

How much can you get in a settlement for a rear-end accident?

The amount awarded will depend on the level of harm sustained. You could get a few hundred pounds to several thousand pounds in a successful claim.

Are you ever at fault if you get rear-ended?

You could be at fault if you reverse into the car behind you.

Whose insurance pays if you get rear-ended?

No two accidents are the same, so it depends on the circumstances of the case. Getting legal advice should be your second priority, especially if you’ve sustained a personal injury.

If you have any more questions about making a claim after a rear shunt accident, please get in touch.

Guide by HW

Edited by REB