Here’s what to do after a minor rear-end accident (your vehicle is drivable and nobody appears to be injured):
- Pull as far to the shoulder of the road as possible or move your vehicle to a safe location. This will reduce any additional risk to the people involved while dealing with the aftermath of the crash.
- Contact the local Police Department or call 911 to report the crash. Even in minor fender benders, having documentation of the crash from law enforcement will benefit any related insurance claim. Even if the police do not respond to the scene, there should be documentation of the crash on file with the applicable law enforcement agency.
- Exit your vehicle only when it is safe to do so. Inspect your vehicle for damage and take photographs if possible. You should photograph any damage to your vehicle, any damage to the other vehicle, the license plate of the other vehicle, and anything out of the ordinary at the scene of the crash (such as roadway hazards or traffic conditions).
- Observe your surroundings. Take note of any traffic cameras or businesses around that may have caught the crash on surveillance video. If a crash occurs in a residential area, take note of the addresses of the homes in the immediate area as there could be home security or doorbell cameras that captured video of the crash. If any witnesses stop to help or approach the scene, obtain their names and contact information in case it is needed later.
- Exchange information with the other driver. If police do not respond to the scene, having the other driver’s name, contact information, and insurance information will be necessary to file a claim with your insurance or the other driver’s. This is especially critical if the other driver leaves the scene before police arrive. Responding law enforcement will obtain this information if you are uncomfortable speaking with the other driver directly.
Use our legal checklist to learn what to do after an accident and understand key legal considerations for recovering financial compensation.
Here’s what to do after a rear-end accident that is more severe (your vehicle is not drivable or someone is injured):
- Immediately call 911 to report the crash. Remain as calm as possible. Make sure to let the dispatcher know if there are vehicles that cannot be removed from the roadway. Let the dispatcher know if there are any injured people that may need medical attention. This will ensure Emergency Medical Service is dispatched along with law enforcement.
- DO NOT exit your vehicle until help has arrived unless it is unsafe to remain in your vehicle, especially if you believe you may be injured. Exiting your vehicle puts you at risk of a secondary accident due to traffic. You could also have injuries that are masked by the adrenaline coursing through your body. It is best to remain in your vehicle until police have secured the scene and an Emergency Medical Technician has checked you out.
- Observe your surroundings. If possible, while waiting for emergency personnel to arrive, take photographs of any other involved vehicles including any visible damage and the license plate. It is also a good idea to take photographs of your surroundings including the view in front of and behind you from inside the vehicle. Look for traffic or surveillance cameras in the area and make a note of their locations. Note anything unusual about the scene of the crash. If you are able to safely exit your vehicle after the scene is secured, take photographs of any damage to your vehicle and the surrounding area.
- Provide your version of events to responding law enforcement. Make sure to give your statement if you are able in order for the police report to be accurately documented. Sometimes, law enforcement responds to the scene of a crash and documents what they believe happened based on their own observations. It is important to have your version of events documented while everything is fresh in your mind. Make sure to follow up with the responding police department to obtain a copy of the crash report and review the report for accuracy. This should be available to you several days after the crash. If there are mistakes on the police report, let the police know right away and ask for the report to be amended.
- Secure or remove any items of value inside your vehicle. If possible, photograph any valuable items that remain in your vehicle and personal items damaged in the crash before the vehicle is towed. This includes any child safety seats that were in the vehicle at the time of the crash, as those will need to be replaced. It is not unheard of for valuables to go missing before a person is able to access their vehicle after a crash, so having evidence of the items that were inside the vehicle is important.
- Go to the Emergency Room to get checked out. Even if you are not certain you have been seriously injured, it is best to have a medical examination as soon as possible following any serious car crash. If you do not seek medical attention on the day of the accident, document any pain or other symptoms you are experiencing on a calendar or in a journal until you do seek medical treatment. Documenting your symptoms is also helpful throughout the course of any additional medical treatment needed as a result of your injuries.
- If you miss any time from work, let your employer know you were involved in a car crash. Make sure to inform your employer that you are calling off due to injuries sustained and ask for your reason for missing work to be documented in your personnel file. This also includes letting your employer know if you are missing work for any medical treatment, even if you are not missing a full day. For more information, see how to get reimbursed for lost wages after a car accident.
How To File A Rear-end Accident Claim
Once the initial shock of the crash has worn off, many are left wondering how to get their vehicle repaired, how to get medical treatment if needed, and how to financially stay afloat during recovery. Filing an insurance claim can help resolve many of these issues. Most insurance companies require their customers to report an accident within a certain time frame following the crash, so it is best to take care of this as soon as possible.
If you sustained injuries in the crash, it is best to consult with a personal injury attorney, such as Brown & Crouppen, before contacting any insurance company. If you are injured, a personal injury attorney can help come up with a strategy to maximize your physical and financial recovery after a rear-end collision.
When filing an insurance claim, a simple call to the insurance company will get the ball rolling. You will need to decide if you are going to open a claim with your own insurance or with the other driver’s insurance company. Regardless of which insurance company you file the claim with, the process is similar. You will specify the type of claim you are filing and provide personal and accident details. From there, a claim number and adjuster(s) will be assigned. There are usually different adjusters for each type or aspect of the claim. The assigned adjuster will be your point of contact until each portion of your claim is resolved. You may be asked to sign medical authorizations, submit photographs and other evidence, or provide a recorded statement during the claim process. Proceed with caution as these things have the potential to hurt you if you ultimately decide to hire an attorney.
Rear-end Accident Laws
Rear-end accident laws vary from state to state. Missouri, for instance, has adopted the “rear-end collision doctrine,” which basically puts fault on the rear driver in a rear-end crash. The doctrine notes that the rear driver is responsible for the crash because they should be maintaining a safe distance from other vehicles.
In order to establish liability, any injured person aside from the rear driver only needs to show they were struck from behind and they were not negligent themselves. Exceptions to this situation would include multi-vehicle chain reaction crashes (fault for the entire crash is generally placed on the driver causing the initial rear-end impact) or situations where the front driver’s actions and behavior cause the rear-end collision to become unavoidable by the rear driver. If you believe your were at-fault, see what to do after an accident that was your fault to understand key legal considerations.
It’s also important to note that the statute of limitations sets a legal deadline for filing injury claims after a rear-end accident, ensuring cases are brought while evidence and witness accounts remain fresh. Failing to file within this time frame typically results in losing the right to pursue compensation.
For example, statute of limitations for car accidents in Missouri is 5 years while Kansas is only 2 years. Regardless of the deadline, it’s important to get started with your injury claim as soon as possible to preserve evidence, and to help ensure the best possible outcome for your case.
Types of Insurance Claims After a Rear-end Accident
Property Damage Claims
If You Have Full Coverage
If You Do Not Have Full Coverage
Personal Injury Claims
Other Claims
How Brown & Crouppen Can Help After A Rear-End Accident
Consulting with an attorney who specializes in rear-end auto accidents can be key in receiving fair compensation for your damages and injuries following a rear-end collision. Our attorneys at Brown & Crouppen are dedicated to advocating for our clients throughout the settlement process to ensure they receive the compensation they deserve.
Insurance companies are in the business of making money and will often do everything possible to settle any claim for a small fraction of its true value. Through years of experience, we have developed winning strategies for nearly every rear-end crash scenario imaginable. Each client is provided an entire team of legal professionals who will thoroughly investigate, analyze, and maximize the value of their case. If you have been in a rear-end collision and do not know where to begin, give our team a call at 888-801-4736 or request a free case evaluation online.
Our rear-end accident attorneys in St. Louis and Kansas City have helped clients recover over $1 billion in settlements and verdicts. And remember, there are no upfront costs or legal fees – we only get paid if you win.
