I Had A Rear End Car Accident, Who Pays The Excess Fees?

By Danielle Nicholson. Last Updated 12th December 2022. Car insurance excess fees are a fee which a car insurance provider charges a policyholder, should they need to claim on their insurance. The policyholder either has to pay the excess fee before they claim on their car insurance. Or the insurance company will deduct the excess fee from the policyholder’s compensation payout. If you have an excess of £200 on your car insurance policy and you claim £1,000, you will receive £800 after your excess fee has been deducted.

I had a rear end car accident who pays the excess fees guide

I had a rear end car accident who pays the excess fees guide

If your car is damaged in a rear-end car accident who pays your excess fee? Do you have to pay an excess if the accident is not your fault? If you claim compensation on your own insurance after a car accident, you will always have to pay your excess fee. However, if another party is at fault for your accident, you may be able to claim the cost of the excess fees from them. Additionally, if you have been injured because of a rear-end car accident that was not your fault, you may be eligible to claim compensation for your injuries. Your compensation payout can also include reimbursement for the cost of repairs to your vehicle and your excess fee.

Contact Advice Today

To begin your personal injury claim for a car accident that was not your fault, call Advice.co.uk today for your free telephone assessment. A trained claims specialist advisor can provide you with free legal advice on claiming compensation for a rear-end car accident. If we can see that you are eligible to claim compensation, our panel of solicitors will start working on your case right away. To begin your claim call us on 0161 696 9685. Alternatively, fill out our online accident claims form to begin your claim.

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A Guide To Car Accident Who Pays Excess Fees

Motor vehicle insurance is a legal requirement for all motorists in the UK. Therefore, driving without insurance is an offence. The minimum type of insurance drivers are required to have is third party insurance. If there is an accident third party insurance covers the cost of any damages that need to be paid out to another person for an injury, property damage or vehicle damage. Third-party insurance will not pay for damages to the driver’s own vehicle. Many drivers opt for fully comprehensive car insurance. Whilst not all policies are the same some include the following:

  • Third-party damages.
  • Fire and/or theft of a vehicle.
  • The cost of belongings stolen from your vehicle.
  • Medical or legal expenses, should you become injured.
  • The cost of damages to your car following an accident.
  • The cost of hiring a replacement vehicle following an accident.
  • Some policies pay out compensation if you or a family member is killed in a car accident.

Who Pays The Excess?

If you need to make a claim on your car insurance policy you will have to pay a car insurance excess fee. Clients often ask us, “Do I pay an excess fee if an accident was not my fault?” If you have been involved in a car accident that was not your fault, you will still need to pay an excess fee when you claim using your own insurance. Even if they are going to be compensated by a fault third party. However, if the other party is liable for your accident, you may be eligible to claim compensation from them. This claim can include compensation for any injuries you have suffered and the cost of repairs to your car. You can also claim back the cost of your excess fee from the party at fault. We will provide you with advice on how to do so in this guide.

If you have been injured because of a rear end crash that was not your fault, you may be owed compensation. To begin your compensation claim, call Advice.co.uk’s claims helpline today to speak to an advisor. Or use our online personal injury claims form to reach us. Alternatively continue reading about car accidents and who pays the excess fee, to learn more.

Rear End Car Accident Compensation Calculator

If you have been injured because of a rear-end collision that was not your fault, you may be eligible to claim compensation for your injuries. You can use this table to calculate how much compensation you could be owed.

This information has been taken from the latest edition of The Judicial College Guidelines, published in 2022. For an accurate estimate of how much money your compensation payout could be worth, we recommend you call Advice.co.uk to speak with a personal injury claims advisor today.

Nature Of InjuryLevel Of HarmEstimated AwardNotes
Facial Disfigurement (Scarring)Very Severe£29,780 to £97,330To achieve the higher settlement award the claimant will have a serious psychological reaction and will be below 30.
Facial Disfigurement (Scarring)Less Severe£17,960 to £48,420There will still be a significant reaction psychologically as well as severe forms of scarring.
Facial Disfigurement (Scarring)Significant£9,110 to £30,090Scarring may be addressed with cosmetic or plastic surgery.
Neck InjurySevere (iii)£45,470 to £55,990
Claimants could be left disabilities due to dislocations, fractures and other soft tissue damage.
Neck InjuryModerate (i)£24,990 to £38,490
This could include a fracture of the neck or a dislocation of the neck.
Head InjuryLess Severe£15,320 to £43,060Person will be making good recovery but may have problems with memory and mood
Head InjuryMinor£2,210 to £12,770Person may still be suffering from headaches but otherwise recovering well
Elbow InjuryMinor - ModerateUp to £12,590Elbow injuries are generally classified as minor to moderate.

These compensation amounts are based on personal injury claim guidelines from the Judicial College. The JCG is a publication used when legal professionals want to put a figure on an injury. Special damages that you may be entitled to are not included in the table.

Examples Of Additional Damages For Rear End Car Accident Claims

If you make a successful rear end collision claim, your compensation package will include two heads of claim. These are general damages and special damages. Let’s look at what these are in more detail below:

General Damages

This is compensation for the pain, loss of amenity and suffering caused by the claimant’s injuries. The more severely injured you are, the more compensation you are likely to receive.

Special Damages

Special damages can also be claimed in successful personal injury cases. These are to reimburse claimants for any out of pocket expenses they have had, because of their injuries.

Special damages payouts can include funds to pay for the following expenses:

  • Medical expenses.
  • Care expenses.
  • Reimbursement for loss of income.
  • Travel expenses.
  • Mobility equipment expenses or home adaptation expenses can be claimed if you have suffered a permanent disability.

To discuss how much compensation you could be owed, call our helpline for free legal advice.

What Are Rear End Car Accidents?

A car accident is a dangerous occurrence involving one or more cars. Car accidents can happen when one or more cars collide with each other. A car accident can also involve a car hitting a vulnerable road user such as a cyclist, motorbike rider or pedestrian. Car accidents can also happen if a car comes off the road or hits a static object.

A rear-end collision is also referred to as a rear-end shunt, rear-end crash or a rear-end car accident. A rear-end car crash happens when one car crashes into the back of the car in front of them. Here are some examples of how rear-end collisions can happen:

  • Tailgating. This means that the driver is not leaving enough room between their car and the car in front and hits the leading car.
  • If a car has to stop abruptly, the car behind it may not have time to stop properly. This is more likely to happen if the following car is tailgating the leading car.
  • If the driver of the following car is not paying due attention when driving they may cause an accident. For example, they may hit the accelerator pedal rather than the brake pedal.
  • The driver of the following car is using their mobile phone, is distracted or is under the influence of illegal drugs or alcohol.
  • Adverse weather or poor road conditions.

What types of injuries can be caused by rear end car accidents?

Whiplash injuries can be caused by rear end shunts because the collision can force the head beyond its normal range of motion. Other injuries that can be caused by a rear end crash include head injuries, broken bones, spinal injuries and lacerations. If you or someone else is seriously injured in a car accident, dial 999 for an ambulance.

In the UK drivers owe a duty of care towards other road users. This means that they are supposed to drive in a safe and responsible manner. If a driver acts negligently on the roads and causes an accident this breaches their duty of care. Therefore, the driver could be held liable for any injuries or damages caused. If you have been injured in a car accident that was not your fault, you may be eligible to claim compensation from the driver who is responsible for your injuries. If another party such as a local authority is responsible for your injuries your claim will be made against them.

What To Do If Someone Hit Your Car in the UK?

You may be wondering what to do if someone hits your car. It’s important to note that you would only be able to claim compensation if you can show that third-party negligence caused the accident. So, for example, if you rear-ended a car, you would not be able to claim if it was solely your negligence that caused the accident.

In Great Britain, every road user has a duty of care as illustrated in the Highway Code. This includes adhering to the standards of the average road user. Negligence is when a third party breaches their duty of care, leading to another person’s injury.

If you’ve been involved in a car accident, you should:

  • Firstly, check that everyone involved in the accident has had suitable medical attention.
  • Exchange insurance details with the other driver.
  • Take photographs of any injuries you’ve sustained and the accident site.
  • Get a copy of the doctor’s notes. These can be useful as they can highlight the extent of your injury and prognosis.

Get CCTV footage of the incident, if any is available. This can depict the series of events that led to the collision.

What Are Car Insurance Excess Fees?

Car insurance excess fees are fees that are charged when a policyholder makes a claim against their car insurance. There are two types of excess fees, compulsory excess fees and voluntary excess fees. Let’s look at what these are in more detail below.

Compulsory Excess Fees

A compulsory excess fee is always charged by car insurance companies when a policyholder makes a claim. Insurers determine what the excess fee should be, based on the driver’s risk profile. For example the length of time they have been driving.

Voluntary Excess Fees

A voluntary excess fee is an additional amount of money that the policyholder agrees to pay, should they need to claim. They agree to do this to lower the cost of their monthly premiums. Both of these are paid out at the same time a claim is made.

If you were involved in a rear end car accident, who pays the excess fee? There are three options.

1. You will pay the excess fee at the time that you make a claim on your insurance. But you can claim back your excess fee if you make a successful car accident claim against the party at fault.

2. You allow the third party insurance who is at fault, to repair your car and that way you do not have to pay the excess.

3. Pay for your car to be repaired yourself and claim the money back from the fault party insurance.

Why Do Insurance Companies Charge Excess Fees?

Car insurance providers charge excess fees so when vehicles are damaged only minorly they are the responsibility of the owner to have them fixed. If the excess fee exceeds the cost of the claim, people are unlikely to make a low-value car insurance claim.

How To Claim Back Your Insurance Excess?

It is you who pays the excess in a car accident, even if another driver’s negligence was at fault. However, you could claim the excess back through special damages.

You may wish to know how to claim back your insurance excess. As stated, to claim the excess back, you would have to include it in special damages as part of your personal injury claim. You would do this as part of suing the negligent driver. However, you will be expected to prove your excess fee. You could do this by submitting paperwork or invoices from your car insurance company.

Call our advisors to learn more about how to claim back your insurance excess.

Do I Have To Pay Excess Fees If Someone Hits My Car?

Our clients often ask us, “Will my insurance go up if someone hit me from behind?”. If you make a claim on your car insurance, this can increase the costs of your premiums and you can lose your no claims bonus. These increased costs may seem unfair if the other driver made the error, not you. However, some car insurance policies protect the cost of your premiums and your no claims bonus if the accident is not your fault. Check with your car insurance provider to see if your policy benefits from this.

When Is A Rear End Collision Not Your Fault?

You may wonder, ‘after a rear end collision, who is at fault in the UK?’ As stated previously, there are different causes of rear-end collisions. Vehicles should keep a safe distance from the vehicle in front of them in case the vehicle in front stops unexpectedly for any reason. If the vehicle behind is tailgating, a rear-end collision could occur.

You may also be asking, ‘a car accident is my fault, do I pay excess fees?’. That would really depend on your insurance policy. However, if a car accident is your fault, you will not be able to claim excess fees back as you will not be able to make a road traffic accident claim.

Our advisors can discuss the circumstances of your rear end collision. You can give them a call today on the number above.

Split Liability Car Accidents

A split liability car accident is when both parties are partially at fault. A split liability car accident may occur on a roundabout when cars are switching lanes to enter or exit the roundabout. Both parties would be judged to be at fault in this situation and liability would be split between both drivers.

If a split liability accident occurs, are you still entitled to claim compensation? Yes but the compensation amount will be lower than what it would have been, had you not been at all at fault in your accident. For example, if you are judged to be 50% liable for your accident, who will pay your 50/50 car accident excess fee? You may be able to claim your excess fee or part of your excess fee through your compensation claim.

Split liability claims can be complicated so we recommend that you call us today for free legal advice. One of our claims specialists will be happy to advise you on what the outcome of your split liability claim for a rear end car crash, could be.

No Win No Fee Claims For Rear End Car Accident Excess Fees

Have you been injured or has your car been damaged in a rear end collision accident? Then you may be eligible to claim compensation. We always advise using a solicitor that will work for you on a No Win No Fee basis.

With a No Win No Fee solicitor, generally, there is less financial risk involved for you, the claimant. Instead of charging upfront or hourly legal fee, you will sign a Conditional Fee Agreement. You will not have to pay upfront or an hourly legal fee to your solicitor. Instead, you will only be charged a success fee if your solicitor wins your compensation claim, reducing the financial risk involved for you. What’s more, the fee will be deducted from your compensation payout at a capped rate. This will regulate the cost of hiring a solicitor. To see if you can fund a solicitor using a No Win No Fee agreement, call Advice.co.uk today for your free telephone assessment.

Speak To Our Expert Team

We hope you have found this guide to claiming compensation for rear end car accidents and who pays the excess fees helpful. To begin your compensation claim for a rear end car accident, contact Advice.co.uk. We can offer you free legal advice on making a compensation claim if you were hit from behind. And if we can see that you are owed compensation, we will connect you with a No Win No Fee solicitor from our panel to handle your claim.

  • Call us on 0161 696 9685.
  • Use our Live Chat widget.
  • Fill out our online claims form.

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