Rear Shunt Accident Claim – What To Do After Being Hit From Behind

To make a rear shunt accident claim, you must be able to demonstrate that another driver was negligent and caused your injuries and losses. Car accidents can be scary, and the aftermath can be even worse. They can disrupt your day-to-day life and lead to financial strain, alongside pain and suffering from injuries. A road traffic accident claim could compensate you for this suffering and can be vital when handling the costs of recovery. 

Key Takeaways

• In the majority of cases, the rear driver will be considered at fault for failing to maintain a safe stopping distance. All drivers have a legal duty to be aware of road conditions and the traffic ahead of them.
• The front driver may only be considered wholly or partially liable for the rear shunt accident if they brake suddenly without reasonable cause, have non-functional brake lights, or pull out of a junction suddenly into the path of the rear vehicle. 
• If you were partially liable for the accident, then you could still be entitled to compensation through a split liability claim.
• Common injuries that can result from a rear-end accident include whiplash, neck and spinal injuries, head trauma, and fractures.
• You should collect the contact and vehicle details of the driver who hit you as evidence, along with the witness contact details and video footage of the accident.

If you, or a loved one, has been affected by a car accident, we can help. If your injuries were caused by a negligent driver, you may be entitled to compensation. By contacting us today, we can tell you for free whether you’re eligible:

• Call 0161 509 2856
• Fill out the form on our Contact Us page. 
• Message an advisor directly in our on-screen live chat box. 

Jump To A Section

1. Can I Make A Rear Shunt Accident Claim?
2. What Are The Common Reasons For A Rear Shunt Accident?
3. Rear Shunt Accident Claim Compensation Amount
4. What Will I Need To Claim Rear Shunt Car Accident Compensation?
5. Rear Shunt Accident Claims On A No Win No Fee Basis
6. More Information

Can I Make A Rear Shunt Accident Claim?

Yes, you can make a rear shunt accident claim if you can demonstrate you were injured because another driver was negligent. 

All drivers owe each other a duty of care to ensure that everyone on the roads is safe. To abide by this duty and not be negligent, all drivers must follow the rules in The Highway Code and the Road Traffic Act 1988.

So, if another driver:

1. Breached their duty of care and were negligent
2. This caused you to be injured because of this

Then you could be entitled to compensation. 

Don’t hesitate to contact us today. Our advisors will be able to tell you for free whether you’re eligible to make a car accident claim, with no obligation to take any further steps. 

Am I Able To Claim If I Was At Fault For The Rear End Accident?

If you were partly at fault for the rear end accident, then you could still make a split liability claim for compensation. 

Split liability claims are when a proportion of the overall compensation is divided according to each party’s assigned liability. For example, if you were 30% at fault for an accident, you would receive 70% of the total claim value. 

Typically, though, the driver who hit you in the rear end accident would likely be deemed at fault. This is because drivers at the back must keep a safe distance from the vehicle in front, as per their duty under Rule 126 of The Highway Code.

The front driver may only be considered wholly or partially liable for the rear shunt accident if they:

• Brake suddenly without reasonable cause. 
• Have non-functional brake lights. 
• Pull out of a junction suddenly and directly into the path of the rear vehicle. 

To establish liability regarding your specific rear end accident, please contact us today and have a chat with our team.  

Can I Claim For A Loved One’s Rear Shunt Injuries?

Yes, you may be able to claim for a loved one’s rear shunt injuries if they are either younger than 18 or mentally incapacitated. 

In these cases, you can step in and claim on their behalf as a litigation friend. What this means is that the court will appoint you to act in the claimant’s best interests. 

However, you only have until these dates to do so:

• The date the injured party turns 18. 
• The date the injured party regains full mental capacity (if they ever do). 

To learn more about how to become a litigation friend and make a rear shunt accident claim on a loved one’s behalf, contact us today. 

What Are The Common Reasons For A Rear Shunt Accident?

Common reasons for a rear shunt accident could include speeding, distracted driving, and impaired driving. 

Specifically, here are some instances where a rear end accident claim could be valid:

• A drunk driver, due to their impaired judgement, was driving too recklessly and crashed into the vehicle ahead of them, causing a rear shunt accident and injuries to the driver in front of them, including spinal cord damage and head trauma. 
• A driver is exceeding the road’s speed limit, meaning they cannot brake in time for the standstill traffic ahead. This causes a multiple vehicle pile-up, and the affected drivers all suffered whiplash. 
• Due to using their mobile phone at the wheel, a driver is too distracted to notice that the car in front of them has braked. Their lack of attention causes a rear shunt accident, and the driver who was hit suffered fractures to their wrist and ribs. 

In addition to the above, a rear shunt accident can occur in other ways. Please feel free to discuss with our team today how your specific accident occurred, and we can tell you within minutes whether you’re eligible for compensation.

Rear Shunt Accident Claim Compensation Amount

All rear shunt accident claim compensation amounts can range from thousands to hundreds of thousands of pounds, depending on specific factors, such as what injuries were suffered, how severe they are, and the financial impact of these injuries. 

These factors are divided into two parts:

• General damages – where the injury’s physical and emotional impacts are compensated for. 
• Special damages – where the injury’s financial impacts are compensated for. 

General damages are typically valued using the Judicial College Guidelines (JCG) and independent medical records. The JCG publishes guideline compensation brackets for different injuries. 

Guideline Compensation Figures

We have included some injuries and guideline compensation brackets from the JCG in the list below. 

Please bear in mind that the figures below cannot be guaranteed for your specific rear shunt accident claim, as all claims have unique circumstances. The figure in the list also isn’t from the JCG. 

Additionally, the two whiplash figures at the bottom of the list have come from the fixed tariffs in the Whiplash Injury Regulations 2021. We discuss what this is in more detail in the following section. 

• Multiple serious injuries and related financial losses, such as lost earnings, medical bills, and travel costs for medical appointments – up to £500,000+.
• Back – severe (a)(i) – the most severe spinal cord and nerve root damage that causes very serious consequences, such as severe pain – £111,150 to £196,450.
• Back – moderate (b)(ii) – disturbance of muscles and ligaments that causes backache – £15,260 to £33,880.
• Neck – severe (a)(i) – injuries associated with incomplete paraplegia – in the region of £181,020.
• Neck – moderate (b)(i) – dislocations or fractures that cause immediate symptoms that may lead to spinal fusion – £30,500 to £46,970.
• Wrist – complete loss of function (a) – where an arthrodesis might have to be performed – £58,710 to £73,050.
• Wrist – a fracture or soft tissue injury (c)  – where recovery takes more than 12 months but will be complete or will only have minor symptoms lasting beyond this – £7,420 to £12,630.
• Chest – fracture of ribs or soft tissue injuries (g) – causing disability and pain for a few weeks only – up to £4,820.
• Whiplash – with psychological harm – lasting between 18-24 months – £4,345
• Whiplash – on its own – lasting between 18-24 months – £4,215

How Will A Rear Shunt Accident Claim Be Impacted By The Whiplash Reforms?

Your rear shunt accident claim might be impacted by the Whiplash Reform Programme, as this changed how certain road traffic accident claims are made in England and Wales. 

If the following criteria apply to you, then your claim will be valued using the fixed tariffs in the Whiplash Injury Regulations 2021 instead of the usual way:

1. You were injured on the road as a driver or passenger. 
2. You’re aged 18 or over. 
3. Your injuries, such as whiplash, are valued at £5,000 or less. 

Any injuries that you have suffered that are not covered in the fixed tariffs will be valued in the usual way. If the overall value of your injuries exceeds £5,000, your claim will be made in the usual way, but the fixed tariffs may still apply. 

To learn more about how compensation for whiplash in a rear shunt accident claim is valued, please visit our dedicated whiplash calculator guide. 

What Other Damages Can I Claim For After A Rear Shunt Car Accident?

Other damages you could claim for after a rear shunt car accident include special damages for the financial losses your injuries have caused you. For example:

• Loss of earnings for having time off work while you recover.  
• Future loss of earnings, missed pension contributions, and missed bonus opportunities if you’re unable to return to work due to lifelong injuries. 
• Medication costs, such as prescriptions and over-the-counter painkillers. 
• Travel expenses to go to medical appointments. 
• Care costs, including professional and gratuitous care.

Please ensure that you’ve kept all receipts, payslips, invoices, and bank statements that can prove your financial losses following the rear shunt car accident. 

To have a personalised estimation of your rear shunt accident claim value, please contact us today. 

What Will I Need To Claim Rear Shunt Car Accident Compensation?

To claim rear shunt car accident compensation, you will need supporting evidence that shows what injuries you suffered and who was liable. This could include medical records, dashcam footage and the insurance details of the other driver. To learn what other evidence you could gather, you can read our guide on how to prove a car accident wasn’t your fault.

Additionally, you will have 3 years to begin the claiming process, running from the accident date, per the Limitation Act 1980. To learn more about how long you have to start a claim and the exceptions to this time limit, you can read our guide on the car accident claims time limit.

To receive free advice for your rear shunt accident claim, you can contact our advisors today.

Rear Shunt Accident Claims On A No Win No Fee Basis

Rear shunt accident claims can be made on a No Win No Fee basis with our solicitors, as they all offer a Conditional Fee Agreement (CFA) to their clients. This agreement means that:

• There are no upfront fees, nor any fees while the claim is ongoing, for your solicitor’s work.
• If the claim is unsuccessful, you pay nothing for your solicitor’s work. 
• If the claim is successful, your solicitor will keep a percentage of the compensation. This percentage (known as the ‘success fee’) is legally capped, and will always be disclosed to you before you proceed with the claim. 

Additionally, it might benefit you to know what things are included within our work:

• Gathering and presenting evidence. 
• Communicating with the driver who hit you and any other parties, if necessary, on your behalf. 
• Ensuring that your legal representation is sorted, if the claim gets taken to court (don’t worry – the chances of this are highly unlikely, as most claims are settled before court).
• Negotiating the best compensation amount possible. 
• Putting you in touch with rehabilitation specialists, if you request them. 
• Explaining the legal terminology you come across. 
• Answering any of your questions.
• Updating you on any progress with the claim. 

Having a solicitor from Advice work with you makes the claims process a lot easier for you, especially if you’ve never gone through the process of making a compensation claim before. Our solicitors can use their expertise to take control of the complicated legal matters, easing the stress off you. 

Contact Advice To Get Started

Contact our team at Advice today to see whether you can get a rear shunt accident claim started. No one should have to suffer from a car accident due to another driver’s negligent actions. That’s why we’re here to help you:

• Call 0161 509 2856
• Fill out the form on our Contact Us page. 
• Message an advisor directly in our on-screen live chat box. 

More Information

Check out our other road traffic accident claims guides:

• Find out whether you can claim on behalf of someone else for a death caused by careless driving.
• Learn how to report a car accident.
• What to do after a hit and run accident.

Additionally, you could find these pages useful:

• THINK! – road safety advice for all road users. 
• NHS – how to treat whiplash.
• Gov.UK – how to apply for Statutory Sick Pay (SSP) after time off work. 

We hope that you now know more about how to make a rear shunt accident claim. If you have any questions at all, please don’t hesitate to contact us today. Our advisors are available 24/7.