When Could I Make A Rear Shunt Accident Claim?

By Stephen Bishop. Last updated 14th July 2023. Were you involved in a rear shunt accident that left you injured? You may be able to claim compensation if you can prove someone else was to blame.

When you are injured in a road traffic accident, the consequences can be severe. When the accident is caused by someone else, you could make a personal injury claim. You would need to prove another driver was at fault.

Rear shunt accident

Rear shunt accident claims guide.

Maybe it was through dangerous driving, or because their vehicle was defective. If you are injured in a road traffic accident caused by a third party who owed you a duty of care, you could have grounds to sue for compensation by filing a personal injury claim if you are injured.

Those who owe a duty of care are other road users, employers and those who maintain the roads. For this article, we are looking specifically at other road users. According to the Road Traffic Act 1988, and the Highway Code, every road user must follow the rule and regulations set out. However, mistakes and accidents happen and it could involve a rear end shunt.

We have produced this guide to provide you with as much information and advice as possible. We cover who could be at fault for a rear end shunt, and the sort of evidence you need to support a claim against them.

Contact Details

If you have any questions about a rear shunt accident, please reach out to one of our friendly advisers by calling 0161 696 9685. In the initial consultation, a specialist solicitor will assess your claim free of charge.

For more information about claiming personal injury compensation continue reading our guide by clicking on the links that follow.

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A Guide On Claiming For A Rear Shunt Accident

The Annual Report 2019 published by the Department For Transport in Great Britain found there were 153,158 casualties involved in road traffic accidents during 2019. The injuries included all severities. However, the cause of the accidents is not dealt with in the report.

When it comes to rear shunt accidents, it is more often the driver following the car in front who is at fault. The accident could happen because the driver behind was following the car in front too closely. Thus, the driver did not have enough stopping distance to safely come to a stop without crashing into the car in front. However, in some instances, another party could be liable.

Our guide covers the responsibilities of all parties involved in a rear shunt accident, and how drivers and other road users must follow the law. We explain what you need to do following this type of accident and we provide information on the evidence required to support your case.

There is a table that provides you with a general idea of the compensation payouts awarded in successful claims. We also provide advice on the sort of damages you may be able to claim both your losses and out of pocket expenses.

You will also find advice on how a No Win No Fee lawyer could act on your behalf. Once your claim is assessed and found strong, a solicitor could offer you these terms. In short, you won’t have to pay for your legal representation upfront but only when you win personal injury compensation.

How Long Do I Have To Claim After A Rear End Shunt Accident?

If you have valid grounds to make a claim for a rear end shunt car accident, you should be aware that there is a time limit for getting proceedings underway. The Limitation Act 1980 sets out that there is generally a three-year time limit for starting a personal injury claim. This time limit usually starts from the date of your accident.

This time limit can work differently under certain circumstances. For instance, if the injured party is a child, then the time limit is paused until the day they reach the age of 18. A claim could be made on the child’s behalf by a court-appointed litigation friend before this day. If this does not happen, however, then the injured party will have three years to start their own rear end shunt car accident claim once they reach their 18th birthday.

If the party injured lacks the mental capacity to make a claim, then the time limit is suspended indefinitely. A litigation friend could claim on the injured party’s behalf. However, if the injured party later regains their mental capacity and a claim hasn’t already been made, then the three-year time limit will begin from the date of their recovery.

For more advice on the time limit or other aspects of accident and injury claims, contact our advisors online or on the phone today.

Who Is Liable In A Rear End Collision?

In most rear shunt accidents, the fault lies with the driver who hit the car in front of them because they weren’t paying attention. Driving without due care and attention often results in drivers not leaving enough distance to stop safely behind the car in front.

Another cause of a rear end accident could be down to damaged road surfaces. A large pothole, mud, ice, or damaged road signs as well as harsh weather conditions can lead to a road traffic accident.

In some instances, proving liability for a rear shunt accident can be challenging, and you could be partly liable. However, this does not mean you can’t seek compensation. You can make a claim but your level of responsibility would be factored into the amount you receive in a successful claim.

To benefit from a free, no obligation consultation, reach out to one of our friendly, experienced advisers.

What Happens If I Brake Suddenly?

There are times when you have no choice but to slam on your brakes suddenly. You may have to brake without warning if a child runs out in front of your car. However, the Highway Code states that drivers should always leave enough distance between their vehicles and the car in front. This allows the driver to pull up safely if the car in front stops suddenly.

The safe stopping distance between your vehicle and another vehicle depends on several things. This includes road and weather conditions.

When both vehicle drivers share some of the responsibility for the car accident this is known as ‘split liability’ in this type of claim.

If you have any questions about liability in a rear end accident, please call one of our friendly advisers today. Your first consultation is free of charge and you don’t have to go forward with a claim if you decide not to.

What Are The Whiplash Reforms?

Changes were made to the law when the Whiplash Reform Programme came into effect. The changes affect low-value injuries and whiplash claims made by drivers and passengers over the age of 18.

In short, injuries that are valued less than £5,000 must be filed through the government claims portal. Injuries valued at £5,000 or more are not affected by the new legislation.

When you file a claim for compensation through the government’s online portal, you could still seek legal advice from a specialist solicitor. You may discover the injuries and damage you suffered is considerably more than you first thought.

To find out out how much your whiplash claim might be worth, please reach out to a member of the Legal Helpline team.

What To Do If You Have A Car Accident

When you are in any sort of road traffic accident, you should follow a specific procedure. Always ensure that the emergency services are called if anyone is injured and needs medical attention. Priority is for your health and the health of others. If anyone is injured in a rear shunt accident, medical attention must be sought straight away.

If you have a medical report detailing the extent of the injuries sustained, it will be valuable evidence in a road traffic accident claim. Also when making a personal injury claim you will need to be seen by an independent medical specialist.

You should collect as much evidence of the accident as you can. This could include:

  • Call the Police if anyone is injured or the accident is blocking other traffic
  • Dashcam footage of the accident if available
  • Other video footage – traffic cameras if possible
  • Take pictures of where the accident happened and the injuries sustained
  • Witness contact details
  • Contact a solicitor to receive professional legal advice (optional)

Legal Helpline can help you establish whether you have grounds to sue for compensation. Furthermore, the initial consultation is free of charge.

Calculating Rear Shunt Accident Damages Payouts

You could claim for the injuries sustained and how your life or that of a loved one has been affected. There are two lots of damages in successful personal injury claims. The first is general damages for the injuries sustained. The second is special damages for the losses and expenses incurred.

General damages are based on the Judicial College guidelines(JCG). You would need to provide a detailed medical report of the injuries you suffered in the rear shunt accident. The table below provides you with a general idea of the level of compensation you could receive.

Type of harmFurther detailsCompensation award
Brain damage(a) Very Severe: Injuries where the person needs full-time care. £264,650 to £379,100
Brain damage(c) Moderate: (iii) The injury may have impacted concentration and memory.£40,410 to £85,150
Hand (c) Complete loss of one hand£90,250 to £102,890
Hand (u) Severe thumb dislocation£3,710 to £6,360
LegSevere: (iii) A serious comminuted fracture leading to ongoing issues.£36,790 to £51,460
Ankle(c) A moderate fracture that causes ongoing difficulty with mobility.£12,900 to £24,950
Foot(d) Where both heels are severely fractured. £39,390 to £65,710
Foot(f) A moderate displaced metatarsal fracture causing ongoing issues. £12,900 to £23,460
Whiplash With Psychological InjuriesLasting 18-24 months£4,345
WhiplashLasting 18-24 months£4,215

For a more accurate estimate, please call a member of the Legal Helpline team today. Your initial consultation is free of charge.

No Win – No Fee Claims For Injuries Caused By A Rear Shunt Accident

If you’ve been injured in a car shunt accident caused by another party’s negligent actions, you may be able to claim compensation. Working with a solicitor on a rear end shunt claim comes with many benefits, and the solicitors on our panel offer their services on a No Win No Fee basis.

This means that, through a Conditional Fee Agreement (CFA), you can get legal help and access the services of a solicitor from our panel without paying any upfront or ongoing fees. If your claim succeeds, then your solicitor deducts a success fee from your award. This is a small percentage with a legislative cap, ensuring you keep the most of what you receive. If your claim does not succeed, you do not pay this fee.

Our advisors are on hand to help. If you would like to learn more about road traffic accident claims, or if you would like to find out if you could be eligible to work with a solicitor from our panel, get in touch today.

Contact Legal Helpline Today

To make a rear shunt accident claim and to find out more about the process, please call a member of the team on 0161 696 9685.

Alternatively, you can fill out the online claims form and an adviser will get back to you without delay.

You can also request a call back.

A friendly adviser will provide you with free advice and answer any questions you have. If you have a valid claim, a member of the team can connect you to a No Win No Fee solicitor from our panel.

Your claim will be assessed by a specialist solicitor during a no obligation, initial consultation. This first contact is free of charge.

Useful Links

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Written by ED

Edited by IE.