By Harry Jameson. Last Updated 26th June 2024. If you’ve suffered a back injury from a rear end collision, you could make a road traffic accident claim if the accident was caused by another road user breaching their duty of care. Our guide outlines the circumstances in which you may be able to claim after a car accident in more detail.
Additionally, we take a look at the types of evidence that could be useful in supporting your claim and what compensation you may be entitled to.
Furthermore, our guide provides information on the benefits that accompany the process of claiming for a road accident on a No Win No Fee basis.
Please contact us with any queries about your claim in the following ways:
- Call us on 020 850 2736
- Contact us via the form on our site
- Speak with an advisor via the live chat feature below.
Choose A Section
- Can You Claim For A Back Injury From A Rear End Collision? – A Guide
- Potential Evidence That Could Help In Back Injury Claims
- Compensation Payouts For Back Injuries From Rear-End Accidents
- Use Our Panel Of No Win No Fee Road Accident Claim Solicitors To Claim Compensation
- Claiming For A Back Injury From A Rear End Collision
Can You Claim For A Back Injury From A Rear End Collision?
A rear-end collision occurs when a vehicle collides with the back of another vehicle. Injuries in this type of collision can range from minor whiplash to more serious injuries, such as damaged vertebrae.
All road users have a duty of care to each other to use the roads responsibly and safely to minimise the risk of harm. This also means upholding the standards of both the Road Traffic Act 1988 and Highway Code. Failing to uphold these standards can result in road traffic accidents where a back injury is sustained.
The eligibility criteria to make a car accident back injury claim following a rear-end collision are as follows:
- You were owed a duty of care by another road user.
- They failed to uphold this duty of care.
- Their failure caused a rear-end collision with your vehicle in which you suffered a back injury.
Examples Of Rear-End Collisions Resulting In Back Injuries
We have provided a few examples of how a rear end collision could occur here:
- A driver using their mobile phone fails to stop at a junction and crashes into the back of your car. You sustain damage to your lower back and neck in the crash.
- You pulled up at the side of a road in a marked parking space. A driver under the influence of alcohol was travelling at speed and swerved into your vehicle.
To get a free assessment of your eligibility to claim in your particular circumstances, contact our advisors today using the number above.
How Is Making A Whiplash Claim Different To A Standard Claim?
The Whiplash Reform Programme reformed the way that whiplash claims are processed.
If you are a driver or passenger over eighteen and have sustained whiplash injuries valued at £5,000 or less, then your claim will need to be made through the government’s Official Injury Claims portal. In doing so, The Whiplash Injury Regulations 2021 fixed tariff will be used to value your whiplash or soft tissue injuries. However, even if you are not required to claim via the government portal, the fixed tariff may still apply.
We have used the tariff to create the table below.
| Time Span of Injury | One or more whiplash injuries | One or more whiplash injuries with one or more minor psychological injuries |
|---|---|---|
| No more than 3 months | £240 | £260 |
| 3-6 months | £495 | £520 |
| 6-9 months | £840 | £895 |
| 9-12 months | £1,320 | £1,390 |
| 12-15 months | £2,040 | £2,125 |
| 15-18 months | £3,005 | £3,100 |
| 18-24 months | £4,215 | £4,345 |
Potential Evidence That Could Help In Back Injury Claims
In order to build a strong claim, you should acquire forms of evidence that can help you prove the negligence of the other driver.
Potential types of evidence can include:
- CCTV/dashcam footage
- Witness contact details
- Photographs of your injuries and any damage that is done to your car
Our panel of road traffic accident solicitors can assist you in gathering these various types of evidence.
You may wonder how long you can claim after a road traffic accident. The Limitation Act 1980 states that as a general rule, you have three years from the date of the accident or the date that you acquired knowledge of the negligence that was involved in your back injury from a rear end collision.
There are exceptions in which this time limit is suspended. These can include:
- If a person is under eighteen at the time of the accident, they have three years from the date of their eighteenth birthday to claim.
- If a person lacks the mental capacity to make a claim, then they have three years from the date they regain their mental capacity to claim.
Alternatively, a suitable person can apply to act as a litigation friend on behalf of the injured person before this point.
These exceptions do not apply if a litigation friend has already claimed on behalf of the person.
Compensation Payouts For Back Injuries From Rear-End Accidents
Back injury car accident compensation can be awarded under two different heads of loss. These are:
- General Damages for physical and psychological harm.
- Special Damages for financial losses. More on this head of loss below.
When calculating a possible general damages figure, reference can be made to your provided medical evidence, in conjunction with the compensation guidelines from the Judicial College. Referred to as the JCG, this publication contains guideline compensation figures for various injuries. With the exception of the top entry, we have used some of these figures in the table below.
Compensation Table
Please be advised that this table is intended for guidance purposes only.
Injury Severity Notes Value
Multiple Very Serious Injuries With Additional Special Damages Very Serious Multiple very serious injuries as well as significant financial losses including lost income, care needs and home adaptations. Up to £500,000 +
Back Injury Severe (a) (i) Damage to spinal cord. Severe pain potentially with incomplete paralysis. £111,150 to £196,450
Severe (a) (ii) Loss of sensation, impaired mobility, bladder, bowel, and sexual function. £90,510 to £107,910
Severe (a) (iii) Disc lesions or fractured discs. Soft tissue injuries resulting in chronic conditions. £47,320 to £85,100
Moderate (b) (i) Compression/crush fractures. Substantial risk of osteoarthritis. £33,880 to £47,320
Moderate (b) (ii) Disturbance of ligaments and muscles. Prolapsed discs. £15,260 to £33,880
Minor (c) (i) Full recovery within two to five years without surgery. £9,630 to £15,260
Neck Injury Severe (a) (i) Associated with paraplegia that is incomplete. In the region of
£181,020
Moderate (b) (i) Fractures or dislocations that potentially need a spinal fusion. £30,500 to £46,970
Moderate (b) (ii) Injuries that have accelerated or exacerbated a pre-existing condition. £16,770 to £30,500
Special Damages
As we touched on briefly above, you can receive compensation for the financial losses resulting from a back injury. As special damages compensate for both past and future losses, it is often that payouts under this head of loss will be higher than that under general damages.
Examples of costs include:
- Travel expenses.
- Medical bills.
- The cost of care and domestic support.
- Lost income.
- Home modifications.
Remember to keep copies of your payslips, receipts and invoices as proof of any costs you incurred.
For a free assessment of your eligibility to claim, as well a more detailed idea of what your claim could be worth, talk to our team today.
Use Our Panel Of No Win No Fee Road Accident Claim Solicitors To Claim Compensation
Making your claim on a No Win No Fee basis could be financially beneficial to you. A Conditional Fee Agreement is a popular kind of this arrangement and simply means that if your claim is unsuccessful, you will not typically be obliged to pay for the traditional costs of your solicitor’s services.
In the event that your claim is successful, your solicitor will take a success fee. This is a deduction from your compensation and is legally capped.
Contact Us For Free Legal Advice – See If You Can Claim For A Road Traffic Accident
Please do not hesitate to contact us with any questions, whether it be a minor or serious injury claim you plan to make. Our panel of car accident claim solicitors have experience in handling claims similar to your own. To learn more about making a claim for a back injury from a rear end collision, please get in touch in either of the following ways:
- Call us on 020 850 2736
- Contact us via the form on our site
- Speak with an advisor via the live chat feature below.
Learn More About Claiming For A Back Injury From A Rear End Collision
If you enjoyed our guide, please feel free to explore further, as our other useful guides are linked below:
- How Much Can I Claim For A Foot Injury
- Hit and Run Injury Claim
- Making A Claim Through The MIB After An Accident With An Untraced Driver
For more information, take a look at the external resources linked below:
- Road Accidents and Safety Statistics – Government Guidance
- Back Pain – NHS
- First Aid – NHS
Thank you for reading our guide on claiming a back injury from a rear end collision. For more information, please get in touch using the details provided above.
Writer Emily Monk
Editor Meg McDonald