how to settle a rear end injury without a lawyer

In some rear end crashes you may wish to begin the car accident settlement process without an attorney. If fault is very clear and you want to see what the insurance company is offering, you might want to try writing a rear end car accident settlement demand letter, and you man get an initial offer that you’re very happy with.

Full Answer

Can a rear end accident be settled out of court?

Rear End Collision Settlement Process. To receive compensation, the first step usually is to file an insurance company claim. It is possible that the claim will need to be litigated in court, but most rear end collisions settle out of court. Going to court is expensive and can take weeks or months. It usually is not needed in a rear end crash case.

How much will I get for a rear end accident settlement?

Some examples of settlements received by rear end accident victims include: 1 $300,000 received for a broken hand and bulging disc 2 $50,000 received for a broken wrist and whiplash 3 $126,000 received for a head injury and compensation to cover therapy bills

What should you do after a rear end accident?

Check for injuries: Even a low-speed, rear end crash can cause many injuries, like broken bones, facial lacerations, soft-tissue damage or whiplash. You should go to the hospital for a check, even if you think you are unhurt.

Can the driver in front receive compensation for rear end collision injuries?

The ability of the driver in front to receive rear end collision injuries compensation will depend upon many factors. In addition to compensation for physical injuries, drivers may also receive payment to cover pain and suffering. Pain and suffering after a rear end collision can include both physical and mental trauma caused from the accident.

How much should I settle for a back injury?

For lower back injury settlements for sprains and strains, the average settlement is between $10,000 and $50,000. The larger settlements are the result of better lawyering and specific facts which can change the value of your case.

How do you ask for more money in a settlement?

Send a Detailed Demand Letter to the Insurance Company Because the insurance company will likely reply with an offer for an amount lower than what you've asked for in the demand letter, you should ask for between 25 and 100 percent more than what you would be willing to settle for.

How do you negotiate pain and suffering?

How to Negotiate Pain and Suffering in a Car Accident ClaimPrepare well. ... Learn about pain and suffering. ... Keep your tone with the adjuster professional. ... Explain how the injury affected your life. ... Do not be shy. ... Tell the insurance adjuster how painful the whole experience was. ... Explain how painful the treatment was.More items...

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.

How long does it take to negotiate a settlement?

The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.

How are settlements calculated?

Settlement amounts are typically calculated by considering various economic damages such as medical expenses, lost wages, and out of pocket expenses from the injury. However non-economic factors should also play a significant role. Non-economic factors might include pain and suffering and loss of quality of life.

How much pain and suffering should I ask for?

For example, if you had $50,000 in medical costs and other hard costs, and your suffering was rated at about a 3, then the pain and suffering damages should come to about $150,000 (3 x $50,000 = $150,000).

What is the formula for pain and suffering?

The Pain and Suffering Multiplier Method: The multiplier method for calculating pain and suffering is the most common approach. This method involves adding all “special damages” and then multiplying that figure by a certain number (typically between 1.5 and 5 – with 3 being most commonly used).

How is whiplash settlement calculated?

The multiplier for your auto accident settlement formula for minor injuries, such as sprains or whiplash is usually to multiply by 1½ to 3 times the amount of medical bills. The multiplier for more serious injuries, such as broken bones or herniated disks, is 3 to 5 times the amount of medical bills.

How do I counter offer a settlement?

Countering a Low Insurance Settlement OfferState that the offer you received is unacceptable.Refute any statements in the adjustor's letter that are inaccurate and damaging to your claim.Re-state an acceptable figure.Explain why your counteroffer is appropriate, including the reasons behind your general damages demands.More items...•

Should I accept the first offer on a personal injury claim?

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

How do you scare insurance adjusters?

The best way to scare insurance carriers or adjusters is to have an attorney by your side to fight for you. You should not settle for less.

What do I do if I was hit from behind in my car?

More than 550,000 Americans are hurt every year when hit from behind in their car, accounting for one third of all car crashes with injuries. That...

What is a typical settlement payout for a rear end accident?

Rear end collisions are the most common type of accidents we see on the road. They happen often in major cities, where there is frequently stop-and...

I got a settlement offer for my rear end car accident... should I take it?

The first settlement offer you get for a rear end car accident is rarely the best offer the insurance company is willing to make - especially to a...

What's the max compensation I can get for my rear end car accident settlement?

Every auto accident is different and there are many unique factors that go into determining how much your rear end collision settlement will be, si...

When will my rear end car accident settlement check arrive after the agreement is reached?

After reaching a settlement agreement, you might be wondering how long it will take until you receive your compensation. After signing the release...

How do I calculate how much my rear end car accident settlement is going to be?

After being involved in a rear-end collision and sustaining injuries, you might be curious as to how much compensation you will be owed. The best w...

I rear ended someone who slammed on their brakes… is that my fault?

Every rear end collision is different with unique factors making it difficult to determine exactly who might be at fault. Generally, the driver of...

If I was rear ended and pushed into another car, am I considered to be at fault?

When it comes to being involved in a chain reaction collision, it can be difficult to determine who the at-fault party is. In the scenario you beco...

I got rear ended but there was no damage, or any injuries. Should I still talk to an attorney?

Car accidents can leave you frazzled and confused as to what steps to take next. If you and the other party involved are not experiencing any injur...

What does it mean to be rear-ended?

To be involved in a rear-end collision involves another car crashing into the vehicles in front of them from the rear. Oftentimes these types of co...

What is the settlement offer for a rear end collision?

Typically, the insurance company for the at-fault driver make a rear end collision settlement offer to the party who has been injured. The initial offer from the insurance company may be inadequate, so be ready to negotiate by proving how much your damages are, including lost income. If the accident involves substantial medical bills and pain and suffering, it would be wise to enlist the help of an attorney at this point.

Why is it hard to settle a rear end collision?

An average settlement for a rear-end collision is hard to place an exact number due to the various factors that go in to determining how much compensation should be owed. A settlement is hard to configure due to both palpable and impalpable expenses.

What Causes Most Rear End Collisions?

The most common explanation for a rear end crash is the driver in the rear is driving too closely to the vehicle in front. Distractions also can lead to these accidents – most often, using a cell phone, talking to passengers, or adjusting the radio. Driver inattention is generally at the heart of most rear end collisions. Speed can also play a role in these situations, as it takes longer to apply the brakes the faster you are going. Inability to brake in time can result in a rear end collision.

Who Is At Fault in a Rear End Collision Accident?

Therefore, most rear end crashes are eventually blamed upon the driver in the back. This is because driving rules dictate that it is the responsibility of all drivers to follow from a safe distance. By ‘safe distance,’ we mean that the driver should be able to slow and stop in time to avoid hitting another vehicle or object. This applies regardless of why the car in front slowed or stopped.

What Determines the Final Compensation?

Here are some of the factors affecting compensation when looking at rear-end collision settlement examples:

How many people died in rear end collisions in 2019?

Rear end collisions are among the most common types of auto accidents. For instance, in 2019, about 1.7 million rear-end collisions took place in the United States. Of these nearly two million accidents, about 1,700 people died and another 500,000 suffered injuries. Consequently, this makes rear end car accidents a top contributor to all highway accidents, injuries, and fatalities nationwide. However, even though rear end collisions make up around one-third of all accidents in the US, the outcome of each case will be different due to the specific details of the crash. Ultimately, the basis for your rear end collision settlement relies on many factors.

How to determine liability in a rear end collision?

Determining liability in a rear end collision settlement will consider all the previously mentioned scenarios and others. The ability of the driver in front to receive rear end collision injuries compensation will depend upon many factors. In addition to compensation for physical injuries, drivers may also receive payment to cover pain and suffering. Pain and suffering after a rear end collision can include both physical and mental trauma caused from the accident. If any of your injuries prevent you from working or affect your daily routines and habits, you may be additionally compensated for that. An accident attorney can assist in analyzing specific accident factors to determine liability and potential compensation in your case.

What is the settlement value of a rear end collision?

The settlement value of a rear-end collision lawsuit is determined by several variables. However, the severity of the victim’s bodily injuries is the most crucial element driving the value of these cases. Greater settlement amounts represent greater injuries on the side of the plaintiff.

Why do people in Maryland want a settlement?

Most individuals in Maryland who have experienced rear-end automobile accidents want a reasonable settlement value for their case because no one wants to be taken advantage of by an insurance provider. Unfortunately, insurance businesses spend ...

How much does level 2 injury cost?

The cost of level 2 physical injuries ranges between $60,000 and $110,000. When compared to Level 1 injury cases, this has a much wider value range. That is due to the fact that Level 2 injuries have a much more comprehensive range of severity and require medical treatment. Consider the following scenario: you came out of a rear-end collision with a broken arm. The required treatment may range from a simple cast to extensive orthopaedic surgery with internal hardware, depending on the location of the fracture (upper or lower arm) and the type of fracture. That explains why Level 2 injury cases have such a wide range of settlement values.

What is level 2 injury?

The degree of physical damage and severe injuries typically require more than simply physical therapy, and pain management distinguishes Level 2 injuries. Injuries that fall under this category often require extensive medical care, such as surgery. Level 2 injuries often result in lasting physical disabilities and substantial pay loss claims.

How long does it take to recover from a level 1 car accident?

Level 1 injuries are mild physical injuries that do not necessitate surgery or significant hospital attention and typically recover in 4-6 weeks. Neck and back sprains, concussions, whiplash, and other kinds of “soft tissue” injuries are prevalent in Level 1 car accidents.

What is the aim of an insurance company in a car accident?

The aim of the insurance company is not to give you a reasonable settlement value. Therefore, you need to consider all injuries—including those that may not be as visible. In any event, the most important thing you can do is hire the finest car accident attorney you can find and require assistance to fight for every last cent on your behalf.

Can insurance companies avoid major insurance payments?

Unfortunately, insurance businesses spend a significant amount of time educating their insurance consultants to avoid major insurance payments as much as possible. As a result, obtaining a reasonable settlement value will be challenging and tricky.

How to get maximum settlement for rear end accident?

The first step when it comes to getting the maximum amount from your rear end accident settlement is to determine who was responsible for your accident. You see after an accident the insurance companies will need to figure out who was the MOST at fault for the incident.

How Long Does a Rear End Collision Settlement Take?

Usually, the time that it takes for a rear end collision claim to be settled depends on the severity of the injury and the available insurance policy limits. So, if you are seriously injured and the available amount from the policy limits is small, you are likely to receive your settlement faster.

What Is the Average Settlement Rear End Collision?

When it comes to determining a car accident settlement amount, there are both the tangible costs of damage and medical bills as well as the intangible ones of pain and suffering. We will consider each of these separately. Remember, there is no typical case.

Can I Include Lost Income As Part of My Claim?

In a word, yes. One of the most common ways to increase your rear end collision settlement claim is to include lost income as part of your claim.

What Do I Need to Know about Rear End Collision Accidents?

Rear end collisions accounted for nearly 30 percent of wrecks or over 1.8 million. It is one of the most common types of accidents.

How Is My Accident Claim Paid?

How your insurance company pays your car accident settlement amount depends on who is at fault and if the accident claim is for vehicle damage or personal injuries. Your collision coverage will pick up the tap for damage to your car if you’re at fault.

How Do I Get Compensated for Pain and Suffering?

It has two parts: direct medical expenses and intangible costs. The former is straightforward with documentation that you can easily obtain.

Back Injury Settlement & Strategy

Even a car accident that may not initially appear to be serious can cause serious, permanent back injuries. This is true even at low speeds, and even when there is little to no damage to the car. Our firm has folders full of scientific medical journals to back that up.

Anatomy of a Back Injury

Allowing our bodies to bend and stretch, the spine has three natural curves that help to keep us balanced. While our spines are undoubtedly flexible and strong, they can easily become damaged when facing sudden traumatic force. This can happen even with, and sometimes because of, seat belts.

Other Back Injuries

Although sprains and strains are the most common type of lower back and middle back injuries, these are other common back injuries you may see noted in your medical records or hear a doctor say you have:

Different Vehicle Impacts & Related Back Injuries

The type of accident you were involved in (meaning the type of impact, such as rear-end, head-on, and t-bone) can cause different types of injuries.

Insurance Arguments for Back Injuries

One thing to remember as you work on dealing with your injuries is that no matter the pain you feel you are in, or the amount you feel you may be entitled to, insurance companies to not want to pay out on these injuries.

Average Back Injury Settlements

If surgery to repair a back injury is necessary, then the total cost of treating a back injury can exceed $100,000 depending on where you, geographically. In a city like Los Angeles, a lower back surgery can cost twice as much as it would in a rural country town.

Back Injury Q&A

Not all back injuries will be permanent, but there is a chance that yours may be. This all depends on the severity and circumstances of your accident. If your injuries are soft tissue and they persist for more than 12 months, there is a high likelihood your injury is permanent.

How long does it take to settle a car accident?

With solid evidence, advanced planning, and a little patience, you should be able to negotiate a fair car accident settlement within a few months.

What happens if you don't settle your claim?

If you haven’t settled your claim or filed a personal injury lawsuit before the statutory deadline, you lose your right to compensation. The adjuster is not obligated to tell you when the deadline is looming or help you settle your claim in time.

How many adjusters do insurance companies assign?

Some insurance companies assign two different adjusters to handle injury claims and vehicle damage claims. Keep track of the claim numbers for each type of claim and be sure to use the right claim number on your correspondence.

What do adjusters do?

Adjusters are trained to ask leading questions and manipulate you into saying things that hurt your claim. If you’re handling the claim yourself, watch what you say. Don’t be tricked into making statements implying your own negligence.

What happens if your car is deemed a total loss?

There might be more room for negotiations if your car was deemed a “total loss” by the insurance company, meaning it’ s less expensive for them to pay the book value of the vehicle rather than make repairs.

What to do if someone is injured?

Call 911. Tell the dispatcher if anyone is injured, there are dangers at the scene, or if traffic is blocked.

How to write down your accident?

Begin by writing down your recollection of how the accident occurred as soon as possible after the crash. Continue with dated notes throughout your injury treatment and recovery to document the pain, inconvenience, and emotional distress caused by your injuries.

What happens if insurance fails to settle a rear end collision?

If the insurance company fails to make the rear end collision settlement within the specified timeline, the policy limits owed might exceed.

What is a rear end settlement?

With the rear end auto accident settlement, there is an effective way to alleviate the car accident’s financial impacts. The settlement for rear end accidents also acts as a fair resolution for at fault and rear ended accident victims with expensive medical expenses, lost income, or worse, a wrongful death.

How long does it take to settle a rear end collision?

The time it takes to settle a rear end collision depends on many factors like injury severity and the available policy limits. For instance, if someone has serious injuries and a small settlement amount in the health insurance policy limit is available, he is more likely to receive the settlement for the rear end collision claim faster.

What are the three categories of damages for rear end collision?

Those damages are divided into three categories: non-economic, economic, and punitive damages.

What is soft injury?

In a soft injury, the settlement amount of pain and suffering differs from one drive to another. For instance, a strained neck for a rear end collision victim may result in a mild pain and suffering, while it is considerable in another. As a result, a soft injury is challenging to classify and often results in low settlement auto accident claims from the insurance company.

What is the money from a rear end collision settlement?

Money from rear end collision accident settlement is meant to cover the income and medical care during the recovery. The money also covers the psychological impacts of the injury, trauma, or even loss of a loved one.

What are the factors that determine the value of a rear end collision?

These factors include medical history, driving history, occupation, income, and age.

What happens when you hit a rear end?

In rear end crash, these ligaments can get stretched out causing permanent injury. Over time the space between the disc widen and the discs are more susceptible to injury like herniation.

What is the most common auto accident claim?

The most common Auto Accident claim is the rear-end collision. This post will show different types of rear end collision settlement examples.

Can neck injuries occur at lower speeds?

Neck injuries can and do occur at lower speed impacts. In fact, traffic accident data in Germany reveals that 90% of whiplash injuries result from rear impacts at speeds of less than 15 miles per hour! 9.

Does insurance consider rear ender injuries?

While injuries can occur in rear enders even at minor speeds, insurance companies do consider the damage to the vehicle when determining case value. He went to a chiropractor at a local clinic in New Port Richey. All told he had 19 visits to the chiropractor. His chiropractor did send him to get MRI’s of his neck.

Did the insurance company tender the $10,000?

Of course, the insurance company did not tender the $10,000 even though they should have done so. So, we filed a lawsuit. During the lawsuit we discovered there was an additional $10,000.00 in coverage the insurance company had hit from us!

Do you settle a car accident case until you get the full value?

Instead, work with your car accident attorney to determine the true just value for your case. Then, do not settle until you get the full value! What’s more, this case shows that a victim of a car accident read end collision can get much more than just the medical bills in the case.

Can a rear end collision cause a herniated neck?

We call this sort of pain myelopathy. Rear end collisions can cause neck herniations as well as lower back herniations. Lower back injuries are especially common when the injured person is turned or seated in an awkward way.

How Do You File A Rear-End Collision Insurance Claim?

Regardless of whether or not you choose to seek out the help of a car accident lawyer, you will need to file a claim with the at-fault driver’s insurance.

Who Is At Fault In a Rear-End Collision?

If you live in an at-fault state, determining who was responsible for the accident is crucial. In the majority of cases, the driver who rear-ended you will be deemed at fault for the accident. This is because cars are required by law to keep a safe following distance from the cars in front of them. Even if you had to slam on your brakes, the driver behind you should be driving far enough behind you to make a safe stop.

How Can You Be Sure Whether You Need an Accident Lawyer?

The best way to determine how much a car accident attorney can actually help you is to arrange a consultation with an experienced personal injury law firm. At Lerner and Rowe Injury Attorneys, we offer all prospective clients with a free case review to help accident victims understand all their legal options and make an informed decision.

How to contact Lerner and Rowe Injury Attorneys?

Contact us at 844-977-1900 to schedule your free, no obligation consultation. Representatives are standing by via LiveChat to answer your questions. You can also submit your case details using this convenient form.

What to do after an accident with insurance?

An insurance claims adjuster will likely perform an inspection of your vehicle after the accident to determine how much it would cost to fix the damage or replace the vehicle altogether.

What is the low ball settlement offer for car accident victims?

On top of everything else, car insurance companies are notorious for making low-ball settlement offers to car accident victims—far below the actual cost of that person’s medical bills, car repair or replacement costs, and lost wages, not to mention their pain and suffering.

How to get a copy of an accident report?

Either way, you’ll also want to contact the local police department for a copy of the accident report.

Is our response legal advice?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Do you get a personalized case evaluation from a licensed attorney?

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.