Last Updated 14th April 2025. Welcome to our guide on who is at fault if you are rear ended. This guide will examine whether you can claim compensation if you’ve been injured road traffic accident in which another vehicle hit your own from behind.
The injuries that result from these accidents can have a severe impact on your quality of life. You may experience musculoskeletal injuries or whiplash. This may have knock-on effects on your ability to live as you normally do. It can, therefore, help to approach a rear-end accident lawyer so that your case can be handled with precision and care.
In this guide, we will examine the benefits of working with a professional after a rear-end accident by looking at what is involved in a claim, including the proof needed, the methods used to calculate compensation, and what might happen if you were partly to blame for your accident. We will also answer the question that titles this guide – who is at fault if you are rear-ended?
If you have been injured in a rear-end accident, call Legal Expert today. We can assess who was at fault and, if we can see that you are eligible, begin a claim for compensation on your behalf. An expert No Win No Fee solicitor could start working on your claim and help you gather evidence as soon as possible.
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Select A Section:
- Who Is At Fault If You Are Rear Ended And When Could You Claim?
- I Rear-Ended Someone Who Stopped Suddenly – Am I At Fault?
- What Type Of Injuries Are Caused By Rear-End Collisions?
- I Was In An Accident Where I Was Rear-Ended – How Long Do I Have To Claim?
- How To Prove Who Is At Fault If You Are Rear Ended
- Compensation Payouts For Rear-Ending Accidents
- What Else Could I Claim After A Road Traffic Accident?
- Claiming For A Rear-End Collision With A No Win No Fee Solicitor
- Learn More About Rear-End Collisions
Who Is At Fault If You Are Rear Ended And When Could You Claim?
Fault in a rear-ended car accident will be placed on the party who breached their duty of care.
All road users owe each other a duty of care. This duty of care requires road users to follow the rules and regulations that are in the Road Traffic Act 1988 and The Highway Code at all times to help minimise the risks of accidents. For example, the Highway Code provides guidance on how much space you should leave between you and the vehicle in front of you to help avoid rear-end collisions in this resource.
As such, here are the eligibility criteria to make a compensation claim after a rear-end accident:
- Another road user owed you a duty of care.
- The road user breached their duty of care by using the roads negligently. For example, they were not paying due care and attention to the road.
- You suffered an injury as a result of this breach of duty, e.g. you were rear-ended by this distracted driver while waiting at a red light.
To find out who is at fault if you are rear-ended and to confirm whether you’re eligible to claim personal injury compensation, don’t hesitate to get in touch with our advisors. After chatting with you, they may be able to connect you with a rear-end accident lawyer.
I Rear-Ended Someone Who Stopped Suddenly – Am I At Fault?
If I rear-ended someone who stopped suddenly, am I at fault? The answer to this question can vary. Under Rule 126 of the Highway Code, you need to:
- Drive at a speed that allows you to stop safely without hitting the car in front.
- Allow a two-second gap between you and the car in front on high-speed roads and when visibility is reduced.
- Allow a four-second gap for large vehicles and motorcyclists.
If you obeyed these rules and were still injured in a rear-end accident, it may not have been your fault.
If you can prove that the other person was driving in a way that breached their duty of care and this caused your injuries, then you may be able to make a claim, even if you are partially liable for the accident.
Contact our team today to find out if a rear-end accident lawyer could help you.
What Type Of Injuries Are Caused By Rear-End Collisions?
Rear-end vehicle collisions may result in a range of injuries, typically causing minor or extensive damage to those involved. The extent of injuries often depend on the speed of the vehicle and the force of impact.
Some examples of the types of injuries it may cause include:
- Head injuries from mild concussion to brain damage
- Soft tissue damage such as sprains and strains
- Breaks or fractures often to the limbs, neck, back or ribs
- Back and spinal injuries that may be minor or cause paralysis
- Psychological injuries such as anxiety, stress or PTSD
- Whiplash injuries
It is important to seek medical attention following a rear-end accident to ensure you are correctly treated for all of your injuries. This is because some of your symptoms may not be visible such as concussion or anxiety. However, if you obtain a full examination, you can receive treatment and this may support your claim.
The extent of a rear ended car accident can impact the seriousness of your injuries, the treatment that is required and the length of time it takes to recover. All of this is taken into consideration when your compensation award is being calculated including the financial losses your injuries caused.
If you were injured in a rear-end collision, contact our advisors today to find out if you are entitled to compensation. They may also help you determine who is at fault if you are rear ended and set you up on the claims process.
I Was In An Accident Where I Was Rear-Ended – How Long Do I Have To Claim?
If you are eligible to make a personal injury claim following a rear-end car accident, you must also be aware of the time limit in place for starting your claim. Under the Limitation Act 1980, you will generally have 3 years to start your claim from the date of the vehicle collision. However, there are some exceptions to this.
For example, if a child were injured in an accident by a rear-end shunt, the time limit would pause until their 18th birthday. While the time limit is paused, a solicitor or parent, for example, could apply to be a litigation friend and claim on the child’s behalf. If no claim is made during the pause, the injured party will have 3 years to start their claim from their 18th birthday.
You can contact our advisors to learn more about the other exceptions to this 3-year time limit. They can also help answer any questions you may have, such as ‘When is a rear-end collision not your fault in the UK?’
How To Prove Who Is At Fault If You Are Rear Ended
When claiming for rear-end collisions, one of the most important steps in the claiming process is gathering evidence. Evidence can help you prove who is responsible for the car accident and your injuries, but it can also help you prove other losses and how your injuries have affected you.
Some examples of evidence you could collect to prove your rear-end car accident claim include:
- Photographs: Taking photographs of the accident site or of your injuries can help prove the severity of both.
- CCTV: If your accident was caught on CCTV, you may be able to request the footage and use it as evidence in your claim.
- Dashcam footage: Similar to the above, if your accident was caught on another driver’s dashcam, you may be able to use the footage as evidence.
- Witness statements: If you take the contact details of those who witnessed your accident, a professional can use their statements later in the claims process.
- Medical records: Your medical records can provide more insight into your injuries and the treatment you have received and will need in the future.
One of the benefits of working with a No Win No Fee solicitor on your claim is that they can help you collect evidence. To find out if one of our No Win No Fee solicitors could help you, get in touch with our friendly team today.
Compensation Payouts For Rear-Ending Accidents
If you’ve been hit from behind as a result of another road user’s negligence, then you could be owed compensation. However, you may be wondering how much your settlement could be worth. It can be difficult to say without knowing more about your specific circumstances.
However, in this section, we have included a table with entries for different injuries corresponding to bracket compensation amounts from the 16th edition of the Judicial College Guidelines (JCG), published in 2022. We have also included the tariff amounts from the Whiplash Injury Regulations 2021, which we will examine more closely in the next section. Please note that the first entry in this table is not taken from the JCG.
| Injury | Severity | Guideline Compensation |
|---|---|---|
| Multiple Serious Injuries And Special Damages | Very Severe | Up to £250,000+ |
| Facial Scarring | Very Severe | £36,340 to £118,790 |
| Less Severe | £21,920 to £59,090 | |
| Back | Severe (ii) | £90,510 to £107,910 |
| Foot | Severe | £51,220 to £85,460 |
| Neck | Severe (iii) | £55,500 to £68,330 |
| Fractures Of Cheekbones | (i) | £12,450 to £19,260 |
| (ii) | £5,310 to £7,880 | |
| Whiplash | 18-24 months plus psychological injury | £4,345 |
| 18-24 months | £4,215 |
Whiplash Injury Regulations
The Whiplash Injury Regulations 2021 and the Whiplash Reform Programme have changed how whiplash is claimed in the UK. Injuries sustained by passengers or drivers over the age of 18 on or after 31st May 2021 that are worth less than £5,000 will need to be claimed through an online portal. If your vehicle has been rear ended but you’ve only suffered a minor whiplash injury, you may need to use this portal to claim.
However, we always encourage calling to speak to us before launching a claim in this manner. Your injuries may be worth more than you think. If you’ve been involved in a rear-end collision, we can provide you with a compensation estimate over the phone. This can give you a better indication of what you could receive.
What Else Could I Claim After A Road Traffic Accident?
If you are hit from the back by a car, your injuries may cause certain financial losses and expenditures. If so, it’s possible that you could have an amount awarded, known as a special damages payment.
We have included some examples below of the kinds of losses that an injury may cause and that you could be reimbursed for. However, you will also need to provide evidence of their financial impact on you. Receipts and payslips are good examples of how you can achieve this.
- Loss of earnings – If you’ve been hit from the back in a car accident, the injuries you sustain may cause you to miss time at work. If so, your income could suffer as a result. It’s not only your salary for which you could be reimbursed but also any bonuses and pension contributions.
- Medical expenses – This could include costs such as prescription medication or even certain private healthcare treatments.
- Damage to property – Whilst damage to your vehicle can often be covered by insurance, other items in your car at the time may have been damaged or destroyed. The cost of these items may be included in your special damages payment.
There are other examples, too. Contact our advisors for more information. We can also assist with queries such as who is at fault in a rear-end collision.
Claiming For A Rear-End Collision With A No Win No Fee Solicitor
If you have valid grounds to claim for injuries caused by a rear-end collision, then you could choose to seek help from a solicitor. You can discuss your case with our advisors, and they may then connect you with one of our No Win No Fee solicitors.
If one of our No Win No Fee solicitors agrees to support your claim, then they can offer you what’s called a Conditional Fee Agreement (CFA). Under this type of agreement, you won’t have to pay any upfront or ongoing fees to your solicitor for their work. You also won’t need to pay your solicitor for their work if your claim proves to be unsuccessful.
If your claim is a success, then your solicitor can take what’s called a success fee. This is typically a legally capped percentage of the compensation awarded to you.
Contact Our Team For More Information
For more advice on claiming for injuries caused by getting hit by a car from behind, contact our advisors for free today. To do so, you can:
- Call us on 0800 073 8804
- Visit our contact page
- Message us using our 24/7 live chat service
Learn More About Rear-End Collisions
We hope you have found this guide about who is at fault when you get rear-ended helpful. If you wish to claim compensation for injuries caused by a road traffic accident, you may also find these guides helpful.
More Helpful Guides
- Foreign Vehicle Accident Claims– A useful guide on accidents involving foreign vehicles and the process you can go through to seek compensation.
- How Much Compensation For Car Accident Claims?
- Pedestrian Accident Claims
- Think.gov.uk
- Road Traffic Act 1988
- Uninsured Drivers, Can I Still Claim Compensation For My Accident Or Injury?
- Car Accident Injury Payouts – How Much Could You Be Awarded?
Thank you for reading our guide on who is at fault if you are rear-ended. For more information on who is at fault if you are rear ended, call our team on the number above.
