Rear Shunt Accident Claim

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How To Claim For A Rear Shunt Accident

By Max Mitrovic. Last Updated 5th May 2022. Did you suffer harm in a rear shunt accident? If so, and the accident was caused by someone else’s negligent actions, you could make a claim to seek compensation.

rear end shunt claims

Rear end shunt claims guide

Road traffic accidents can have severe consequences for everyone involved. More often than not, the accident may have been someone else’s fault. However, it can be especially frustrating when the accident could have been avoided, had someone else acted with the expected standard of competency while driving. 

The Highway Code and the Road Traffic Act 1988, sets out rules and regulations for drivers and other road users to follow. Despite this, the rules aren’t always followed and mistakes are still made.

How To Make A Successful Rear Shunt Accident Claim

If these mistakes result in harm, a personal injury claim could be made to seek compensation for the suffering endured. This guide aims to help you understand whether someone was liable for your car accident and how you could make a successful claim against them.

However, if you have any questions whilst reading this guide, you can speak to our team. They are available to help 24/7 and can provide you with free legal advice on any queries you may have. So why not get in touch on the details below:

  • Call us on 0800 073 8804
  • Send us your enquiry and an advisor will get back to you at your chosen time
  • Speak with an advisor using the live chat feature below

Select A Section

  1. A Guide To Rear Shunt Accident And Injury Claims
  2. What Is A Rear Shunt Accident?
  3. Who Caused The Rear-End Collision?
  4. Am I At Fault If I Stopped Sharply?
  5. Claiming Against An Uninsured Driver?
  6. Can I Claim Compensation If I Was At Fault?
  7. Top Tips For Proving A Rear Shunt Accident
  8. The Whiplash Reform Program
  9. Rear End Road Traffic Accident Statistics
  10. Calculate Payments For Rear Shunt Accidents
  11. What Special Damages Could Be Awarded?
  12. How Do No Win No Fee Rear Shunt Accident Claims Work?
  13. Start Your Rear Shunt Accident Claim
  14. Useful Resources
  15. Questions And Answers

A Guide To Rear Shunt Accident And Injury Claims

According to the Reported Road Casualties in Great Britain: Annual Report 2019, there were 153,158 casualties of all severities involved in road traffic accidents during 2019.

The cause of these accidents isn’t specifically known. However, there are various factors that could have contributed to them such as attitude on the road. For rear-end accidents, it’s often the fault of the driver not leaving enough stopping distance causing them to crash into the vehicle in front.

In some cases though, another third party may be responsible. Our guide will look at the responsibility different parties have to keep the roads a safe place to travel on. It will look further at the process of claiming and what makes an individual eligible. 

Once you’ve gathered evidence to prove your claims, this guide will help you understand how you could make a personal injury claim. Furthermore, we’ll explore the different injuries you could claim compensation for after this type of accident and how much you may be awarded. 

We understand that you may be feeling overwhelmed by your injuries and the prospect of putting forward a claim. This is why we have created our guide to help you feel more informed and confident about doing so.

Additionally, we have included further information on having a solicitor represent you through a Conditional Fee Agreement. 

Don’t forget, you can call us on the number above at any point if you have any questions..  

What Is A Rear Shunt Accident?

A rear-end shunt is when one vehicle collides into the back of the vehicle in front. For instance, if one car is stationary at a set of traffic lights and another car fails to slow down in time resulting in them crashing into the stationary car. 

There are a few different types of rear shunt accidents. For instance, those involving two cars or those with more than two cars. Examples of how these accidents could happen might include:

  • A car hitting another car from behind whilst stopped at a junction causing the driver in front to suffer a severe head injury.
  • Traffic moving slowly in a congested area and one car hitting the car in front due to misreading the flow of the traffic resulting in the driver in front sustaining a knee fracture. 

It’s not just the injury you may have suffered that could have caused problems. In addition, you could be suffering from stress with having to deal with the financial fallout. In some circumstances, you may be dealing with an untraced driver who drove away from the accident or an uninsured driver. 

If you’re struggling to understand the steps you need to take, you can call our team for free legal advice to help you through your unique situation.

Who Caused The Rear-End Collision?

In most cases, the accident will have happened because the person driving behind wasn’t paying due care or attention or did not leave enough stopping distance with the car in front. However, there are some cases in which other causes may result in this type of accident. Damage to road services could mean a crash is caused, large potholes, ice or mud on the road, road signs that are no longer readable or visible and severe weather conditions. 

Knowing who may be liable is not always as straightforward as you may think. In some cases, it may be that you are also partially responsible for the accident. This may lead you to think you are unable to make a personal injury claim. However, although you may hold some responsibility you may also be able to claim for the portion you hold no blame for. 

Am I At Fault If I Stopped Sharply?

Paragraph 126 in the Highway Code states that drivers should drive at a speed that will allow them to stop well within the distance they can see to be clear. 

Additionally, it advises that as a driver you should leave enough space between you and the vehicle in front so you can safely pull up if they suddenly slow down or stop. The space you need to leave will depend on the type of vehicle, road and condition of the roads you’re driving on. 

For instance, on roads where the traffic is moving faster or in tunnels where your visibility may be reduced, you should leave a two-second gap between you and the vehicle in front. However, the gap you should leave may increase if the roads are wet or icy or if there is a large vehicle in front.  

The Bellingham and Others v. James Todd Case

The case between Alison Bellingham and Others v. James Todd shows that in very specific cases, partial liability may be claimed. The decision from the case outlined that the motorcyclist had been too close to the van and so was partially responsible. 

However, the van had also failed to pay due care and attention to the traffic in front meaning his emergency braking could have been avoided. For that reason, had he paid more attention, the motorcycle wouldn’t have had to swerve to avoid hitting the truck. 

In the end, the court decision meant that 80% of the blame was appointed to the motorcyclist and 20% to the van driver. 

It’s important to be aware that this is a very unique case and in most cases, the fault will be with the driver at the back. However, all drivers have a responsibility to pay attention to the roads to prevent accidents from occurring. 

Claiming Against An Uninsured Driver?

When seeking compensation for a road accident, you would normally make a claim against the at-fault driver’s insurance. If your claim was successful, their insurance would pay your compensation. 

However, accidents could happen involving a driver that isn’t insured or a driver that is untraceable due to them driving away from the accident. In these instances, you could still submit your claim and seek compensation through the Motor Insurers’ Bureau (MIB).

The MIB ensures victims have a way to seek compensation for the injuries they sustain in accidents with an untraceable or uninsured driver. Additionally, they work with the police and Driver and Vehicle Licensing Agency (DVLA) to reduce the number of uninsured drivers on the road. 

If you’ve been involved in an accident where the driver responsible wasn’t insured or wasn’t traceable, give our team a call on the number above. They can advise you on the process of making a claim through the MIB and any other information you may need. 

Can I Claim Compensation If I Was At Fault?

We understand that some road accidents are complex and it may have been the fault of both parties. In these instances, you could still seek compensation whereby liability is split between drivers.

For that reason, even if you were partially at fault for your accident alongside another driver, you could still seek compensation in a personal injury claim. However, compensation will be reduced proportionally. 

For example, if your claim is worth £10,000 and both parties agree to split liability 50/50, you’ll receive 50% of the claim value. 

Claims such as these, may not be straightforward so it is advisable to seek legal advice to help your claim go as smoothly as possible. For more information, you can speak to our team by calling on the number above. 

Top Tips For Proving A Rear Shunt Accident

To make a successful car shunt accident claim, you need to do more than simply show that you were involved in an accident. Remember that you would only receive compensation if you’re able to prove that your injury was caused by negligence.

After an accident, we recommend seeking medical attention if you have been harmed. It is important to have your injuries assessed by a doctor or another medical professional. Their assessment can be used as medical evidence which can be very significant when making a rear shunt claim.

In addition, you may need to attend an independent medical appointment to produce a report.  This can highlight aspects of your injury, such as the prognosis, treatment and if there are any long-term or permanent health issues caused. Details of your injury will be used to help when valuing how much compensation you should be awarded.

Furthermore, other evidence you could use for a car shunt claim might include:

  • CCTV or dashcam footage
  • Witness statements. One of the things that you could do after the accident is acquire contact details for anyone that saw it take place. Your solicitor would then contact them to take statements as part of the rear shunt claim
  • Photographs of your injuries and the accident scene.

If you would like to know more top tips for proving a rear shunt accident or if you have any questions about making a claim for a car shunt, please contact us for free legal advice. We can tell you if you’re eligible to claim and connect you with a solicitor should you wish to start the claims process.

The Whiplash Reform Program

The Whiplash Reform Programme introduced changes to claims made when seeking compensation for whiplash and other low-value injuries. It affects injuries that a driver or passenger over the age of 18 sustained in a car accident.

The changes mean that any claims where injures are valued at less than £5,000 need to be made through the government online claims portal. However, any claims where the injuries are valued at £5,000 or more don’t have to be made through the portal. 

Even if you’re making a claim through the government portal, you can still seek legal representation through a No Win No Fee agreement. Additionally, you may feel that your injuries are worth less than they actually are. 

For that reason, we would encourage you to still get in touch with our team. They can assess your claim and provide an idea of how much your claim may be worth which can inform you of the process you need to take.

Rear End Road Traffic Accident Statistics

According to the Department For Transport, between 2009-2019 accidents of all severities involving cars have reduced from 163,554 to 117,536

The graph below shows the number of cars involved in accidents by different manoeuvres.

rear-end accidents statistics

Calculate Payments For Rear Shunt Accidents

When claiming compensation, you can claim for your injuries and the impact they’ve had on your quality of life. This will be claimed under general damages which consider the severity of your injury and the long term issues it may bring. 

In order to accurately value your injuries, medical evidence may be used alongside a report from an additional medical assessment you may receive. Additionally, a document called the Judicial College Guidelines (JCG) may be used to value your claim alongside different medical evidence.

We have created an injury table, using the JCG, to provide you with an idea of how much your claim for general damages could be worth. However, as you can see multiple factors are considered when valuing claims. For that reason, you should only use the figures in the table as a guide.

Injury sustainedMore detailsExample compensation figure
Severe knee injuryA leg fracture that affects the knee joint that causes permanent pain and limitation of movement.£48,920 to £65,440
Skeletal injuryMultiple facial bone fractures resulting in a permanent facial deformity.£13,970 to £22,470
Skeletal injuryNose fracture (ii) a displaced nose fracture that requires surgery to completely recover£3,710 to £4,790
Brain damageVery severe in nature resulting in the person relying on full-time care.£264,650 to £379,100
Brain damageLess severe in nature meaning the person will have made a good recovery and could return to work.£14,380 to £40,410
Minor head injuryThere will have been minimal brain damage.£2,070 to £11,980

For more information on calculating claims, call our team on the number above.

What Special Damages Could Be Awarded?

In addition to general damages which cover your injuries, you may be able to seek compensation for any financial losses. You can claim for these under special damages which could include:

  • Loss of earnings, including pension or attendance bonus
  • Cost of care for you or someone else dependant on you
  • Medical expenses
  • Travel expenses 

Special damages cover you for both past and future monetary losses. This means that you could claim for future lost earnings if your injuries are severe enough to prevent you from working in the future.

For any further information on this, please get in touch with our team and they can provide further help and advice. 

How Do No Win No Fee Rear Shunt Accident Claims Work?

If you wish to have legal representation when seeking compensation, you might find it helpful to enter into a No Win No Fee agreement. This will allow you to avoid upfront solicitor costs and costs that may incur during the course of your claim. 

Additionally, if your solicitor is unsuccessful, you won’t be asked to pay your solicitor which may ease any concern you have of paying costs if the claim fails. 

If your claim is successful you’ll be required to pay a small success fee. Although this is deducted from your compensation, the percentage that’s taken is legally capped and you can agree on the fee with your solicitor before starting your claim.

Start Your Rear Shunt Accident Claim

All of our solicitors work on a No Win No Fee basis. So if you want to put forward your claim for a rear shunt accident, call our team. They can assess your case and determine whether the claim you hold is valid.

Additionally, they can appoint one of our solicitors to handle your case. Alternatively, they can answer any queries you may have even if you aren’t ready to make your claim.

Get in touch on the following details:

  • Call us on 0800 073 8804
  • Send us your enquiry and an advisor will get back to you at your chosen time
  • Speak with an advisor using the live chat feature below

Useful Resources

Think has some useful information on road safety laws.

The government guide on claiming compensation could help.

Brake has some useful statistics relating to UK road deaths.

Our guide on car accident claims could help.

For more information on personal injury compensation, see our guide.

See our case study guide for more information on the process of claiming for a whiplash injury.

Questions And Answers

Please see further information on road traffic accidents in the following section.

How can we reduce road traffic accidents?

There are various pieces of legislation that, if followed, can help to keep the road safe from accidents.

Who pays for personal injury in a car accident?

When making a claim against another driver, if your claim is successful, their insurance will pay your compensation.

What is the average payout for a personal injury claim UK?

There is no average payout for a personal injury claim as each case is unique. It can depend on the severity of your injury and if your case includes special damages. 

Do whiplash claims go to court?

Yes, there are instances where whiplash claims could go to court. However, if this happens and you have legal representation, a solicitor could assist you. 

We hope you found our guide on making a rear shunt accident claim helpful. Thank you for taking the time to read.

Guide By Mitchell

Edited By Melissa.

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