While a rear-end collision has long been considered a minor accident, vehicles are being built more cheaply and providing less safety today, leading to a higher averagesettlement rear end collision. Every case continues to be unique, and there is no standard formula that an insurance company or lawyer can use to calculate the exact compensation that a victim should be able to recover. However, there are some common standards that are used. Knowing those standards can help a victim determine how to proceed with their rear end collision claim.
Determining Fault
One of the first elements of any personal liability auto accident claim is determining who is at fault. That can be more difficult in some cases than in others. However, in determining liability in a rear end collision, it can often be much simpler. Most law enforcement officials believe that it is every driver’s responsibility to pay attention to the circumstances of the road and highway and have control of their vehicle. Anyone who is not paying enough attention to notice that the car in front of them is stopped, or does not have enough control to stop before rear-ending the other vehicle, is generally liable for the accident.
Determining Compensation
Once it is determined who is at fault and for what percentage of fault they will be liable, it is important to determine how much compensation the victim is due. The victim generally estimates what they believe their compensation should cover based on several categories of expenses and damages:
- Medical expenses
- Damages
- Pain and suffering
- Mental anguish
- Lost income
- Permanent disability or disfigurement
Not all of these categories apply in every accident, however. While there are several methods insurance companies use to determine a settlement amount, they are not specifically known outside the insurance industry. It is enough to know that, on average, the victim’s medical expenses are multiplied by a number representing the severity of their injuries and added to the total of lost income and vehicle and other damage. The multiplier in rear end collision accidents has, on average, proven to be between 1.5 to 3.
Getting Legal Help with Settlements for Rear End Collisions
Just because there appears to be an industry standard for settlements in rear end collision cases does not mean that insurance companies are always willing to settle for that amount. In some cases, that standard does not really cover what the victim goes through in such an accident, either. If a victim needs help obtaining the amount they deserve from an accident, they should contact an auto accident attorney to assess their case and help determine what their compensation should be, and how to obtain it.
