The average payout for a rear-end collision settlement can range from $10,000 to over $100,000 depending on various case factors such as the severity of injuries, supporting evidence, and degree of fault.
Damages that may be recovered as a result of a rear-end accident include medical expenses, vehicle repair or replacement costs, lost wages, pain and suffering, emotional distress, and any future medical or rehabilitative care related to the injuries caused (or made worse) by the accident.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
Rear-end Collision Settlement Examples
At Brown & Crouppen, we’ve seen car accident settlements ranging from a few thousand dollars to millions. But rear-end accidents don’t always result in major injuries or 6 and 7 figure settlement payouts.
Rear-end settlement examples include the following:
- $300K settlement: For a Kansas woman whose vehicle was struck from behind by another vehicle that had slid on an icy exit ramp. She suffered injuries to her upper back and neck. The case settled out of court after lengthy disputes about whether the client’s injuries were preexisting conditions.
- $750K settlement: For a Missouri woman who was a passenger in a vehicle rear-ended by a suspected drunk driver in Kansas, resulting in a neck injury that required surgical fusion.
- $100K settlement: For a Missouri client who was rear-ended and suffered a partial-thickness rotator cuff tear that required surgery.
- $200K settlement: For a Missouri motorcyclist injured when he rear-ended a distracted driver who had slowed down abruptly while looking for a house. The client suffered severe tibial and fibular fractures, which required multiple surgeries.
Remember, the results of these and any other cases we have handled are unique to their particular facts and circumstances. For example, a drunk driving accident case may be easier to prove negligence because of a clear violation of traffic laws and negligence. In contrast, a standard rear-end accident requires proving that the driver failed to act reasonably, often needing more context to establish negligence.
Your case may have a different value depending on your individual situation. However, having an experienced car accident lawyer on your side can help you get more compensation from your car accident case.
Factors That Influence the Settlement Amount of Rear-end Accident Claims
One of the most substantial factors in determining the settlement amount for a rear-end accident claim is the degree of driver negligence and cause of the rear-end accident. Most states, including Missouri, Illinois, and Kansas, have comparative negligence systems to determine who is liable for damages.
Missouri uses a pure comparative negligence system, while Kansas and Illinois use a modified one. Under both systems, the court will assign percentages of fault to all involved parties.
Missouri’s pure comparative negligence allows an injured person to recover even if they were up to 99 percent at fault in the accident. By contrast, Kansas has a modified comparative negligence system that only allows for recovery of damages if the injured person is less than 50 percent at fault. If the victim is 50 percent or more at fault, they cannot recover. Illinois has a slightly different law, applying the so-called 51 percent rule, which allows an injured victim to collect damages as long as they are not more at fault than the defendant.
In all three states, if you are partially responsible for the accident, your compensation will be reduced in proportion to your share of the blame. For example, if you are 20 percent at fault for the accident, you can recover only 80 percent of your total damages.
In addition to fault, other factors influencing how much you might receive in a rear-end car accident settlement include the following:
- The severity of the accident and the extent of your injuries
- Whether you lost wages due to your injury
- The impact the injury has had on your earning capacity
- The number of parties involved in the accident
- The type and amount of insurance coverage that is available for compensation
- The medical bills you have and expect to have in the future, including doctor visits, tests and scans, medications, hospital stays, physical therapy, and other treatments
- The strength of the evidence presented in your case
Perhaps the greatest determinant of your rear-end accident settlement is the experience and knowledge of your car accident lawyer. The right attorney will have the skills to develop legal arguments that others may miss, the finesse to negotiate for a better settlement offer, and the zealousness to take your case to trial if necessary.
Were you injured in an accident due to someone else’s negligence? Get legal help from the most effective injury law firm in the Midwest.
Other Legal Considerations For Rear-end Accidents
- Statute of Limitations: Limits the time a victim has to file a lawsuit, typically between 1 to 4 years depending on the state.
- Fault Determination: In most rear-end collisions, the rear driver is presumed at fault; however, factors like sudden braking or mechanical failure may alter fault assignment.
- Insurance Requirements: Understanding coverage types, such as liability and personal injury protection, is crucial for knowing what compensation might be available.
- Negligence Laws: Contributory or comparative negligence laws can impact a victim’s ability to recover damages if they share any fault for the accident.
Initial Settlement Offer From The Insurance Company
Accepting an insurance adjuster’s first offer after a rear-end accident can be tempting. But their goal is to settle your claim quickly and cheaply. They may act like they have your best interests at heart, but their true interests lie in protecting their bottom line.
If you accept the insurance company’s first offer, it’s almost certain that you’ll receive far less compensation than you deserve. It’s best to avoid settling with the insurance company before consulting with a personal injury lawyer.
A reputable attorney will be better equipped to assess the value of your claim and won’t be afraid to fight for a settlement that adequately covers your damages. They know the insurance companies’ tactics and can anticipate how they’ll respond to certain legal arguments. They won’t back down if the insurance company tries to lowball you, and they will be prepared to take your case to court if needed.
Get Help With Your Rear-End Accident Claim From Brown & Crouppen Law Firm
The average settlement for a rear-end collision depends on many factors, most of which are beyond your control. The one thing you can control, however, is the quality of representation you retain.
If you or someone you love has been injured in a rear-end collision, contact us today for a free consultation by calling 888-802-0827 or completing our online form. Our personal injury attorneys in St. Louis and Kansas City are ready to help you determine the true value of your claim and take the necessary steps to secure maximum compensation on your behalf.
