By Stephen Bishop. Last updated 23rd July 2024. Were you involved in a rear shunt accident that left you injured? You may be able to claim compensation if you can prove someone else was to blame.
When you are injured in a road traffic accident, the consequences can be severe. When the accident is caused by someone else, you could make a personal injury claim. You would need to prove another driver was at fault.
Maybe it was through dangerous driving, or because their vehicle was defective. If you are injured in a road traffic accident caused by a third party who owed you a duty of care, you could have grounds to sue for compensation by filing a personal injury claim if you are injured.
Those who owe a duty of care are other road users, employers and those who maintain the roads. For this article, we are looking specifically at other road users. According to the Road Traffic Act 1988, and the Highway Code, every road user must follow the rule and regulations set out. However, mistakes and accidents happen and it could involve a rear end shunt.
We have produced this guide to provide you with as much information and advice as possible. We cover who could be at fault for a rear end shunt, and the sort of evidence you need to support a claim against them.
Contact Details
If you have any questions about a rear shunt accident, please reach out to one of our friendly advisers by calling 0333 000 0729. In the initial consultation, a specialist solicitor will assess your claim free of charge.
For more information about claiming personal injury compensation continue reading our guide by clicking on the links that follow.
Jump To A Section
- Am I Eligible To Claim For A Rear Shunt Accident?
- Who Is Liable In A Rear End Collision?
- What Are The Whiplash Reforms?
- What To Do If You Have A Car Accident
- Calculating Rear Shunt Accident Damages Payouts
- No Win No Fee Claims For Injuries Caused By A Rear Shunt Accident
- Useful Links
Am I Eligible To Claim For A Rear Shunt Accident?
To know whether or not you could be eligible to make a rear shunt accident compensation claim, you need to know what a duty of care is.
Essentially, when someone owes you a duty of care, this means that they have a legal responsibility for your safety. While using the roads, everyone owes each other a duty of care, from pedestrians to HGV drivers. To uphold this duty, everyone is expected to comply with the Highway Code and the Road Traffic Act 1988.
In order to form the basis of a valid rear shunt accident claim, you need to be able to prove that:
- You were owed a duty of care by another road user
- They breached this duty
- As a result of this breach, you suffered an injury
When these three factors come together, they form negligence.
For example, if you are stopped at a red light and the driver behind you crashes into you because they were going over the speed limit and did not leave enough space to stop safely, then you could potentially make a claim.
Contact our friendly team today to find out if you could be eligible to claim for a rear shunt accident. Or, keep reading for more information on the car accident claims process
Who Is Liable In A Rear End Collision?
In most rear shunt accidents, the fault lies with the driver who hit the car in front of them because they weren’t paying attention. Driving without due care and attention often results in drivers not leaving enough distance to stop safely behind the car in front.
Another cause of a rear end accident could be down to damaged road surfaces. A large pothole, mud, ice, or damaged road signs as well as harsh weather conditions can lead to a road traffic accident.
In some instances, proving liability for a rear shunt accident can be challenging, and you could be partly liable. However, this does not mean you can’t seek compensation. You can make a claim but your level of responsibility would be factored into the amount you receive in a successful claim.
To benefit from a free, no obligation consultation, reach out to one of our friendly, experienced advisers.
What Happens If I Brake Suddenly?
There are times when you have no choice but to slam on your brakes suddenly. You may have to brake without warning if a child runs out in front of your car. However, the Highway Code states that drivers should always leave enough distance between their vehicles and the car in front. This allows the driver to pull up safely if the car in front stops suddenly.
The safe stopping distance between your vehicle and another vehicle depends on several things. This includes road and weather conditions.
When both vehicle drivers share some of the responsibility for the car accident this is known as ‘split liability’ in this type of claim.
If you have any questions about liability in a rear end accident, please call one of our friendly advisers today. Your first consultation is free of charge and you don’t have to go forward with a claim if you decide not to.
What Are The Whiplash Reforms?
Changes were made to the law when the Whiplash Reform Programme came into effect. The changes affect low-value injuries and whiplash claims made by drivers and passengers over the age of 18.
In short, injuries that are valued less than £5,000 must be filed through the government claims portal. Injuries valued at £5,000 or more are not affected by the new legislation.
When you file a claim for compensation through the government’s online portal, you could still seek legal advice from a specialist solicitor. You may discover the injuries and damage you suffered is considerably more than you first thought.
To find out out how much your whiplash claim might be worth, please reach out to a member of the Legal Helpline team.
What To Do If You Have A Car Accident
When you are in any sort of road traffic accident, you should follow a specific procedure. Always ensure that the emergency services are called if anyone is injured and needs medical attention. Priority is for your health and the health of others. If anyone is injured in a rear shunt accident, medical attention must be sought straight away.
If you have a medical report detailing the extent of the injuries sustained, it will be valuable evidence in a road traffic accident claim. Also when making a personal injury claim you will need to be seen by an independent medical specialist.
You should collect as much evidence of the accident as you can. This could include:
- Call the Police if anyone is injured or the accident is blocking other traffic
- Dashcam footage of the accident if available
- Other video footage – traffic cameras if possible
- Take pictures of where the accident happened and the injuries sustained
- Witness contact details
- Contact a solicitor to receive professional legal advice (optional)
Legal Helpline can help you establish whether you have grounds to sue for compensation. Furthermore, the initial consultation is free of charge.
Calculating Rear Shunt Accident Damages Payouts
You could claim for the injuries sustained and how your life or that of a loved one has been affected. There are two lots of damages in successful personal injury claims. The first is general damages for the injuries sustained. The second is special damages for the losses and expenses incurred.
General damages are based on the Judicial College Guidelines (JCG). You would need to provide a detailed medical report of the injuries you suffered in the rear shunt accident. The table below provides you with a general idea of the level of compensation you could receive.
| Type of harm | Further details | Compensation award |
|---|---|---|
| Multiple serious injuries and special damages | Those eligible to claim for multiple serious injuries following a rear shunt could receive a payout that covers these injuries plus any related special damages, such as loss of earnings. | Up to £750,000+ |
| Brain damage | (a) Very Severe: Injuries where the person needs full-time care. | £344,150 to £493,000 |
| Brain damage | (c) Moderate: (iii) The injury may have impacted concentration and memory. | £52,550 to £110,720 |
| Hand | (c) Complete loss of one hand | £117,360 to £133,810 |
| Hand | (r) Loss of thumb | £43,350 to £66,920 |
| Leg | Severe leg injuries: (iii) A serious comminuted fracture leading to ongoing issues. | £47,840 to £66,920 |
| Ankle | (c) Moderate: A moderate fracture that causes ongoing difficulty with mobility. | £16,770 to £32,450 |
| Foot | (d) Severe: Where both heels are severely fractured. | £51,220 to £85,460 |
| Foot | (f) Moderate: A moderate displaced metatarsal fracture causing ongoing issues. | £16,770 to £30,500 |
| Whiplash With Psychological Injuries | Lasting 18-24 months | £4,345 |
| Whiplash | Lasting 18-24 months | £4,215 |
Special Damages In A Rear Shunt Accident Claim
Special damages may also be included as part of your rear shunt accident compensation. These compensate you for financial losses that have occurred due to the injuries caused by your rear shunt accident. Examples of what special damages could cover when making a personal injury claim includes:
- Loss of earnings if the injuries from a rear shunt have forced you take unpaid time off work while you recover.
- The cost of medications or certain private treatments you’ve received as part of your recovery.
- The cost of home adjustments or any home care provided to aid your recovery.
As part of the personal injury claims process, you will be asked to prove your expenses. Documents, such as receipts, invoices and wage slips can be presented to help reimburse your costs.
Contact our team of advisors for free today to learn more about how much your potential rear shunt accident claim could be worth.
No Win No Fee Claims For Injuries Caused By A Rear Shunt Accident
If you’ve been injured in a car shunt accident caused by another party’s negligent actions, you may be able to claim compensation. Working with a solicitor on a rear end shunt claim comes with many benefits, and the solicitors on our panel use a type of No Win No Fee arrangement (called a Conditional Fee Agreement) to offer their services.
This means that, through a Conditional Fee Agreement (CFA), you can get legal help and access the services of a solicitor from our panel without paying any upfront or ongoing fees. If your claim succeeds, then your solicitor deducts a success fee from your award. This is a small percentage with a legislative cap, ensuring you keep the most of what you receive. If your claim does not succeed, you do not pay this fee.
Our advisors are on hand to help. If you would like to learn more about road traffic accident claims, or if you would like to find out if you could be eligible to work with a solicitor from our panel, get in touch today.
Contact Legal Helpline Today
To make a rear shunt accident claim and to find out more about the process, please call a member of the team on 0333 000 0729.
Alternatively, you can fill out the online claims form and an adviser will get back to you without delay.
You can also request a call back.
A friendly adviser will provide you with free advice and answer any questions you have. If you have a valid claim, a member of the team can connect you to a No Win No Fee solicitor from our panel.
Your claim will be assessed by a specialist solicitor during a no obligation, initial consultation. This first contact is free of charge.
Useful Links
Links to other useful Legal Helpline guides:
- Claiming compensation after a road traffic accident
- Head injury claims guide
- Hit and Run car accident claims
- Get advice on making a lumbar spine injury claim and find out more about the compensation claims process with our helpful guide.
- Have had an accident on a moped caused by another road user’s negligence? Read our guide to find out if you could be eligible for compensation.
- Get help with making a claim after suffering an accident while horseriding and find out who could be liable for such an accident.
Some useful links to other websites:
