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.
Claiming For A Back Injury From A Rear End Collision
Choose A Section
- Can You Claim For A Back Injury From A Rear End Collision? – A Guide
- When Are You Able To Make A Road Traffic Accident Claim?
- Potential Evidence That Could Help In Back Injury Claims
- What Compensation Could You Receive From A Back Injury Claim?
- 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 Guide
In certain circumstances, you may be able to claim for a back injury from a rear end collision. If you can show that your injuries are a result of another road user’s negligence, you may be eligible to claim. We will explore what negligence involves in the following section.
Road traffic accidents can impact your life in different ways and several injuries could be sustained as a result. For example, broken bones, psychological damage, and whiplash can all occur from a rear end collision. Our guide outlines the compensation you may be entitled to and how the award you receive will account for the way in which your injuries have affected your life.
Please don’t hesitate to contact us with any questions you may have. All of our methods of contact are listed at the top and bottom of this page.
When Are You Able To Make A Road Traffic Accident Claim?
A rear end collision is when a vehicle crashes into the back of the vehicle that is in front. Road users have a duty of care to navigate the roads in a way that reduces any risk of harm to others.
The Road Traffic Act 1988 is a piece of legislation that sets out a road users duty of care. Moreover, the Highway Code offers guidance for different road users. It also includes rules which are backed elsewhere in law.
If a road user breaches their duty of care and causes you harm, this is known as negligence. If you can demonstrate that negligence occurred, you may be able to claim.
A rear end collision could happen in a number of ways:
- A person could be using their phone and not notice that the driver in front has braked, and they collide into the back of them
- The driver in front can brake suddenly and unexpectedly, and the driver behind could crash into the back of them as they weren’t paying enough attention
- The rear driver could be under the influence of alcohol and collide with the back of the car in front
- A driver could pull out incorrectly at a roundabout and cause a driver behind to collide with the back of them
Please contact us with any more queries about claiming for a back injury from a rear end collision.
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.
What Compensation Could You Receive From A Back Injury Claim?
General damages are one type of compensation and cover the physical and mental suffering you experience as a consequence of your injury.
Using a car accident compensation calculator could help you get an estimate of how much your injury is worth. Though sometimes, these cannot consider all of the factors that would affect your payout.
Alternatively, the Judicial College Guidelines help solicitors to value injuries of different severities. The guidelines contain compensation brackets for different injuries. We have used these figures in the table below which you can use as an alternative to a compensation calculator. Though these figures are not guaranteed and should only be used as a guide, as the car accident claim payout you receive may differ.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Back Injury | Severe (a) (i) | Damage to spinal cord. Severe pain potentially with incomplete paralysis. | £91,090 to £160,980 |
| Back Injury | Severe (a) (ii) | Loss of sensation, impaired mobility, bladder, bowel, and sexual function. | £74,160 to £88,430 |
| Back Injury | Severe (a) (iii) | Disc lesions or fractured discs. Soft tissue injuries resulting in chronic conditions. | £38,780 to £69,730 |
| Back Injury | Moderate (b) (i) | Compression/crush fractures. Substantial risk of osteoarthritis. | £27,760 to £38,780 |
| Back Injury | Moderate (b) (ii) | Disturbance of ligaments and muscles. Prolapsed discs. | £12,510 to £27,760 |
| Back Injury | Minor (c) (i) | Full recovery within two to five years without surgery. | £7,890 to £12,510 |
| Neck Injury | Severe (a) (i) | Associated with paraplegia that is incomplete. | In the region of £148,330 |
| Neck Injury | Moderate (b) (i) | Fractures or dislocations that potentially need a spinal fusion. | £24,990 to £38,490 |
| Neck Injury | Moderate (b) (ii) | Injuries that have accelerated or exacerbated a pre-existing condition. | £13,740 to £24,990 |
| Psychological Damage | Moderately Severe (b) | Significant problems coping with different areas of life. | £19,070 to £54,830 |
Special Damages Compensation From Car Accident Injuries
Special damages are another type of compensation which aim to restore you back to the financial position you were in prior to your accident. These damages cover your monetary losses caused as a result of your injury.
These can include:
- Loss of earnings
- Vehicle or home adaptations
- Medical costs
It will significantly help your claim to have sufficient evidence to prove these types of losses.
Evidence can include:
- Bank statements/ payslips to illustrate the impact on your earnings
- Proof of paying for adaptations to cater to your injuries
- Receipts/ bills to show the medical costs you have incurred
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