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Rear End Accident Attorneys
Many drivers wonder whether hiring rear-end accident attorneys is a good idea. The truth is, there are several valid reasons to seek legal assistance after a car accident. An experienced attorney can help you maximize your compensation by identifying damages you may not even be aware of. They also know how to deal with insurance companies and their attorneys, and can guide you through the intricacies of the claims process.
According to the National Highway Traffic Safety Administration, “Rear-end crashes are the most frequently occurring type of collision, accounting for approximately 29 percent of all crashes and resulting in a substantial number of injuries and fatalities each year.” As you can see, being rear-ended is more common than you might think. At Megeredchian Law, we have the experience, resources, knowledge, and skill to help you claim the compensation you deserve.
Find Experienced Rear-end Accident Attorneys in California
Megeredchian Law is a car accident law firm with multiple locations across California, including Los Angeles, Sacramento, San Bernardino, Fresno, and San Diego. All our offices are available 24/7 — we always answer the phone. We can evaluate your case in just a few minutes. Once you hire us, we immediately begin building a strong legal strategy to pursue the maximum compensation you’re entitled to by law.
Our legal fees are covered by the final settlement we obtain for you, so you don’t pay anything out of pocket.
Megeredchian Law’s Headquarters are located at:
350 N Glenoaks Blvd 3rd floor, Burbank, CA 91501
Find a complete list of all our offices in California here.
Should I Get a Lawyer for a Rear-end Car Accident?
Yes — especially if you or your passengers sustained injuries.
A rear-end accident attorney can help you handle insurance claims, gather evidence and documentation, and ensure you receive the compensation you’re legally entitled to — on time.
They can also pursue compensation for both economic damages (such as vehicle repairs or replacement, lost wages, and medical bills) and non-economic damages (including emotional distress, pain and suffering, and PTSD).
Some people mistakenly believe that hiring rear-end accident attorneys is expensive. Another common myth is that you’ll walk away with less money than if you handled the claim yourself.
That’s simply not true.
In fact, your chances of obtaining greater compensation are significantly higher with legal representation. Why? Because you may be more injured than you realize — and insurance companies will do everything they can to reduce your payout. A skilled attorney knows how to prevent that.
How to File a Rear-End Accident Claim in California
Important: This is general information and does not constitute legal advice. Each case is unique—consult with rear-end accident attorneys for guidance specific to your situation.
1. File a Claim With the At-Fault Driver’s Insurance
Once your rear-end accident attorney is on board, they will initiate the claim process by filing a third-party claim with the at-fault driver’s insurance company. This involves notifying the insurer that their policyholder caused the accident and that you are seeking compensation for your injuries and damages.
The claim will include basic facts about the crash, contact information, and a preliminary description of the losses incurred (such as vehicle damage, injuries, and medical costs). Your attorney will manage all communications from this point forward to avoid you saying anything that could jeopardize your case.
2. Gather and Organize Supporting Evidence
Your attorney will work to collect all documentation necessary to support your claim. This includes police reports, medical records, repair estimates, photos from the scene, witness statements, dashcam or surveillance footage, and proof of lost wages. In rear-end cases, liability is often clear, but evidence is still crucial to demonstrate the extent of your injuries and losses.
Your lawyer may also collaborate with accident reconstruction experts or medical professionals if needed.
3. Submit a Demand Letter
After compiling evidence and calculating the full value of your claim (economic and non-economic damages), your attorney will send a formal demand letter to the at-fault driver’s insurance company. This letter outlines what happened, why their client is at fault, your injuries and losses, and the amount of compensation you’re seeking. It typically includes all supporting documents and a deadline for the insurance company to respond.
4. Negotiate a Settlement
Once the demand letter is received, the insurer may accept, deny, or counter the offer. Your lawyer will negotiate on your behalf to reach a fair settlement. This phase can take several weeks or months, depending on the complexity of the injuries and the insurer’s willingness to settle.
Your rear-end accident attorney may go back and forth with adjusters multiple times, leveraging evidence and legal arguments to increase your payout.
5. File a Lawsuit (If Necessary)
If a fair settlement cannot be reached, your attorney may recommend filing a personal injury lawsuit. In California, you generally have two years from the date of the accident to file. Filing a lawsuit doesn’t mean your case will go to trial—many are still resolved through settlement after litigation begins. However, once filed, both sides begin a process called discovery, where they exchange evidence and take depositions.
6. Engage in Discovery and Pre-Trial Proceedings
During discovery, your lawyer and the defense will gather more in-depth evidence. This includes interrogatories, depositions, medical exams, and expert reports. Pre-trial motions may be filed, such as motions to dismiss or motions to compel. Throughout this stage, settlement negotiations often continue, especially if strong evidence favors your case.
7. Go to Trial (If the Case Doesn’t Settle)
If settlement still isn’t possible, the case proceeds to civil trial, where both sides present their case before a judge or jury. Your attorney will present all evidence, examine witnesses, and argue your right to compensation. Trials can last a few days to several weeks, and the court will issue a verdict determining fault and compensation.
8. Collect the Settlement or Judgment
If you win the case—whether through settlement or trial—your attorney will help you collect the funds. This may include negotiating medical liens, reimbursing insurance providers (if applicable), and deducting attorney’s fees and costs from the final amount. You will receive the remaining balance via check or bank transfer. If the defendant delays payment, your lawyer may enforce the judgment through legal channels.
How Long Does a Rear-End Accident Claim Take?
Timelines vary based on case complexity, injury severity, and insurance company cooperation. These are general estimates and not guarantees.
- File the Claim: Usually within days to 1 week after hiring an attorney.
- Supporting Evidence: Takes 2 to 8 weeks, depending on how quickly records and documents are obtained.
- Submit a Demand Letter: Sent once medical treatment is stable—typically 1 to 3 months after the accident.
- Negotiation: Can last from 2 weeks to several months depending on negotiations and insurer delays.
- Filing a Lawsuit: Must be filed within 2 years of the accident under California law (statute of limitations).
- Discovery and Pre-Trial Proceedings: Last 6 to 12 months on average, though complex cases may take longer.
- Trial: Trial prep and proceedings can take several months; trial itself may last days to weeks.
- Collection: Most payouts occur within 30 to 60 days after a signed settlement or verdict.
How Much is a Rear End Accident Worth?
When people think of rear-end accidents, they often picture either a violent high-speed crash or a minor fender-bender. But in reality, even low-speed collisions can involve a tremendous amount of force and transfer significant kinetic energy to the occupants. That impact can lead to serious, long-lasting injuries—especially to the neck, spine, and head.
Some injuries aren’t visible right away, and the amount of vehicle damage doesn’t always reflect the severity of the injuries. Unfortunately, insurance companies often try to label all rear-end crashes as “minor-impact” cases and offer lowball settlements. Rear-end accident attorneys are your best allies to avoid that.
Every accident is unique, and there’s no calculator that can tell you exactly what your case is worth. There’s also no such thing as a true “average” rear-end settlement in California. However, there are typical value ranges depending on the severity of the injuries:
- $1,000–$5,000: Minor cases with property damage but no physical injuries.
- $10,000–$50,000: Cases with soft tissue injuries like whiplash, back strain, or mild concussion.
- $100,000–$1,000,000+: Severe or permanent injuries, such as spinal cord damage, traumatic brain injury, or wrongful death.
Some high-value claims go to court, where jury verdicts can exceed policy limits—especially in cases involving long-term disability or extensive medical care.
What Affects the Value of a Rear-End Accident Case?
California follows a pure comparative negligence system. This means your compensation can be reduced if you were partially at fault. For example, if you’re found 20% responsible, your settlement would be reduced by that percentage.
Key factors that impact settlement value include:
- Severity and type of injuries
- Emergency and ongoing medical expenses
- Lost wages and loss of earning potential
- Pain and suffering
- Emotional distress and mental trauma
- Permanent disability or disfigurement
- Insurance policy limits (yours and the at-fault driver’s)
- Whether litigation is required
It’s also important to remember that California’s minimum insurance coverage may limit your recovery in some cases: $15,000 per person / $30,000 per accident for bodily injury, and $5,000 for property damage.
Legal Disclaimer: This content is for informational purposes only and does not guarantee any particular outcome. Settlement values vary based on the specific facts of each case. To get an accurate assessment, speak directly with licensed car accident lawyers in California.
Common Injuries in Rear-End Collisions (And Their Value)
Can you get Whiplash from Being Rear Ended?
Yes! In fact, whiplash is probably the most common injury related to rear-end accidents. It occurs when the rear impact forcibly throws your head forward and then backward. One of the main problems with this injury is that you may not notice symptoms immediately after the crash—mostly due to adrenaline and/or shock.
In California, whiplash injury claims from rear-end accidents typically settle between $10,000 and $30,000, depending on the severity of the injury, length of treatment, and whether it impacts your ability to work or perform daily activities.
Other common injuries related to rear-end accidents are:
- Back injuries: Herniated or bulging discs, lower back strain; claims often range from $20,000–$75,000.
- Concussions and mild traumatic brain injuries (TBI): Head hitting headrest or steering wheel; settlements may range from $25,000–$100,000+.
- Shoulder injuries: Rotator cuff tears or strains from seatbelt force; often worth $15,000–$50,000.
- Spinal cord damage: More severe cases involving nerve damage or paralysis; can exceed $100,000–$1,000,000+.
- Facial injuries: Bruising, cuts, or dental trauma from airbag deployment; typically settle for $10,000–$50,000.
- Knee and leg injuries: From impact with dashboard; settlement values usually fall between $15,000–$60,000.
- Emotional distress or PTSD: Especially in high-impact crashes; damages vary widely, from $5,000–$100,000+ if documented.
The Costs of a Rear-End Accident and the Damages You Can Claim
If you’ve been hit from behind in a car accident, you’re legally entitled to more than just compensation for medical treatment and emotional distress.
California law allows you to recover the full cost of repairing your vehicle—regardless of whether the damage is cosmetic or affects how your car operates. The driver responsible for the crash (or their insurance provider) must pay to return your car to the same condition it was in before the accident occurred.
Even what seems like minor rear-end damage can lead to serious issues. These may include:
- Trunk issues, such as problems opening or closing, leaks, or misalignment.
- Suspension or alignment problems, which can make your steering feel unstable or lead to uneven tire wear.
- Electrical malfunctions, including failures in lighting, locks, power windows, or dashboard systems.
In some cases, even after repairs, your car may lose resale value. California also permits “diminished value” claims so you can be compensated for that financial loss as well. To protect your rights, it’s important to get a thorough vehicle inspection and keep detailed records of all related repair costs.
What Causes Most Rear End Accidents?
- Distracted Driving: Using a phone or other distractions takes attention off the road and delays reaction time.
- Speeding: Driving too fast reduces stopping distance and increases the severity of collisions.
- Tailgating: Following too closely leaves little room to brake safely when traffic slows or stops.
- Bad Weather Conditions: Rain, fog, or ice reduce visibility and traction, making it harder to stop in time.
- Brake Failure: Poorly maintained brakes can prevent drivers from stopping quickly enough.
- Drunk or Drugged Driving: Impairment slows reaction time and affects judgment behind the wheel.
- Road Rage/Aggressive Driving: Reckless behavior like sudden braking or weaving increases crash risk.
- Sudden Stops by Lead Vehicle: Abrupt, unexpected braking can catch following drivers off guard.
- Faulty Brake Lights: Malfunctioning lights prevent other drivers from knowing when you're slowing down.
Who is at Fault in a Rear End Accident in California?
Rear-end accidents are among the most common types of collisions on California roads. While many people assume that the driver in the back is always responsible, that’s not necessarily the case. So, are all rear end accidents at fault? Not quite — at least not in the way people typically assume.
California follows a pure comparative negligence system, which means fault is divided based on each party’s degree of responsibility. The rear driver is often presumed to be at fault, especially if they were speeding, following too closely, or distracted. In fact, California Vehicle Code § 21703 specifically prohibits drivers from following another vehicle “more closely than is reasonable and prudent,” reinforcing the duty to maintain a safe distance.
However, this presumption is not absolute. There are several situations where the front driver can share — or even bear most — of the blame. Examples include:
- Making a sudden stop without a valid reason
- Changing lanes abruptly and unsafely
- Driving with broken or missing brake lights or taillights
- Failing to use turn signals or hazard lights when required
- Blocking traffic without warning (e.g., stalled vehicles with no emergency indicators)
Additionally, rear-end collisions involving multiple vehicles can complicate fault. In chain-reaction crashes, one driver’s negligence may set off a domino effect, but other drivers may still share partial liability depending on their reaction time, following distance, and road conditions.
Ultimately, fault in a rear-end collision is not automatic. It must be determined by reviewing evidence such as police reports, dashcam footage, eyewitness accounts, and vehicle damage. If both drivers contributed to the crash, their compensation may be reduced proportionally under California’s comparative fault rules.
Common Types of Rear-End Accidents
Rear-end accidents typically involve two main types of vehicles: cars and trucks. Each type of collision presents different risks and legal complexities, making it important to understand the distinction.
Rear-end accidents involving passenger cars are among the most common collisions on California roads.
These crashes often occur at stoplights, in congested traffic, or when a driver is distracted and fails to stop in time. Even at low speeds, a rear-end impact can cause whiplash, back injuries, or significant vehicle damage. Rear end car accident attorneys assist injured drivers and passengers by proving negligence, collecting evidence, and negotiating with insurance companies to pursue fair settlements.
On the other hand, rear-end accidents involving large trucks—such as semi-trailers or delivery vehicles—are typically more severe due to the size and weight of the vehicle.
When a truck rear-ends a smaller car, the results can be catastrophic, often resulting in life-threatening injuries or fatalities. These crashes usually involve complex liability factors, including federal trucking violations, driver fatigue, or mechanical failure. An experienced rear end truck accident attorney can conduct a detailed investigation and hold the trucking company accountable.
What to Do After a Rear end Accident Within 72 Hours
Get Medical Care Right Away
Even if you don’t feel hurt at the scene, some injuries — like whiplash, soft tissue damage, or mild traumatic brain injuries — may not show symptoms immediately. Seek evaluation from a licensed doctor within the first 24 hours to protect both your health and your legal claim.
Keep in mind that insurance companies often argue that delays in treatment mean the injuries weren’t serious or weren’t caused by the crash.
Report the Crash to Law Enforcement
If anyone was injured or killed in the collision, California law (Vehicle Code § 20008) requires that you report the accident to the police within 24 hours. Request a copy or at least the report number. A police report often includes crucial details such as driver statements, road conditions, and possible violations that can help establish fault.
Document Everything You Can at the Scene
If your condition allows, take photos and videos of the vehicles, license plates, crash debris, surrounding area, and any visible injuries. Capture multiple angles, and don’t forget small but important details like skid marks, road signage, or broken lights. If there are witnesses, write down their full names and contact information — independent testimony can strongly support your version of events.
If your car has a dashcam, preserve that footage immediately.
Protect Evidence and Avoid Premature Repairs
Do not get your vehicle repaired right away. Your attorney or insurance adjuster may need to inspect the damage. Also keep damaged personal items — like cell phones, glasses, or clothing — as they can help illustrate the impact. This physical evidence can become critical if there’s a dispute about the severity of the crash.
Check Your Insurance Coverage
If the other driver was uninsured or underinsured, review your own policy to see if you have UM/UIM (uninsured/underinsured motorist) coverage. This may help you recover damages that the at-fault driver can’t pay. Some policies have strict deadlines for reporting such claims, so act quickly.
Inform Your Employer (If You Missed Work)
If your injuries cause you to miss work, notify your employer as soon as possible — ideally within the same or next business day. You may need to provide documentation later to support a claim for lost wages or temporary disability.
Consult with Rear-end Accident Attorneys
Even if the accident seems straightforward, dealing with insurance companies is rarely easy. A skilled attorney can gather and preserve evidence, estimate the full value of your damages, and handle negotiations. They can also ensure your medical bills, lost wages, and pain and suffering are fully accounted for.
Stay Off Social Media
Avoid posting about your accident, injuries, or daily activities online. Insurance companies regularly scan public posts to find anything they can use to challenge your claim. A simple photo or comment may be twisted to suggest you’re not seriously injured.
Continue Your Medical Treatment
Do not skip appointments, stop therapy, or ignore medical advice. Insurance adjusters closely monitor treatment patterns and will use any gap to argue that your injuries aren’t as serious as you say. Consistent care helps both your recovery and your legal claim.
Rear End Accidents FAQs
What Happens in a Rear-End Accident Involving Multiple Vehicles?
Multi-vehicle rear-end collisions—often called chain-reaction crashes—occur when one vehicle slams into another, causing a domino effect. Typically, each rear driver is responsible for hitting the car in front, but liability can shift depending on speed, braking distance, and outside causes like poor visibility, sudden stops, or road hazards. If a third party, such as a construction crew, left debris on the road, they may share or carry full responsibility. Each case must be investigated individually to determine fault.
Who’s at Fault if a Driver Pulls Out Suddenly and Gets Hit?
When a driver abruptly enters traffic and gets rear-ended, fault depends on both drivers’ behavior. If the front driver acted unsafely by cutting across lanes or failing to signal, they may be held liable—even if they were hit from behind.
Can I Still Sue If I Was Partially Responsible for the Crash?
Yes. California uses a pure comparative negligence system, which allows injured parties to recover damages even if they were partially at fault. Your compensation will simply be reduced in proportion to your share of responsibility.
What if I Didn’t Feel Injured Until Days Later?
Rear-end crashes often cause soft tissue injuries or concussions that don’t show symptoms right away. You can still file a claim—just seek medical attention as soon as symptoms appear and document everything for your case.
What If the Rear-End Collision Happened Due to Faulty Brakes?
Liability for faulty brakes depends on the cause. If the driver neglected maintenance, they may be at fault. But if the brakes were defective from the manufacturer, the injured party could have a product liability claim against the maker or seller.
What Should I Do If the Other Driver Doesn’t Have Insurance?
If you’re rear-ended by an uninsured driver, you may still be able to recover damages through your own policy if you have uninsured/underinsured motorist (UM/UIM) coverage or Medpay. These coverages are optional in California, so check your policy.
Will My Insurance Premiums Go Up If I Use Medpay or UM/UIM?
Medpay and UM/UIM are no-fault coverages, meaning your insurer typically won’t raise your rates just for using them. However, insurers can still adjust premiums due to other factors, like claims history or changes to your address or coverage.
How Long Do I Have to File a Rear-End Accident Claim in California?
You usually have 2 years to file a personal injury lawsuit and 3 years for property damage. If a public agency or government vehicle is involved, you must file an administrative claim within 6 months. Always speak with a lawyer early to avoid missing deadlines.
What Evidence Should I Collect After a Rear-End Collision?
Start by taking clear photos of all vehicles, gathering contact details from witnesses, and filing a police report. You should also keep copies of medical bills, repair estimates, and any communication with insurance companies. Good documentation strengthens your claim.
Rear-end Accident Attorneys Who Know How to Win
If you or a loved one were involved in a rear-end accident, don’t wait and risk losing your right to compensation. Call (866) 359-0807 now for a free consultation with our experienced attorneys. Speak directly with seasoned rear-end accident attorneys—no call centers, no middlemen. Get answers to all your questions and start building a strong claim with some of the top car accident attorneys in California.