Road and Traffic Accidents

When Is A Rear End Collision Not Your Fault

A rear end car crash involves a collision between the front of one person’s vehicle and rear of another vehicle. Rear end motor vehicle accidents usually occur due to excessive speeding, reckless driving and inattentiveness. If you have been involved in a rear end collision it is important to take legal action so that you can make a motor vehicle accident claim.

Read on to learn more about how to make a rear end car crash accident claim.

What can I claim compensation for?

If you have been involved in a motor vehicle accident, you may be able to claim for damages to your car and injuries you have sustained in the collision. Under the Compulsory Third Party (CTP) insurance scheme, drivers are entitled to claim compensation for their injuries in a rear-end motor vehicle accident in the driver at fault was being negligent.

How to determine who is at fault

You will need to determine who is at fault for the accident because their CTP Insurer will be held liable for any damage or injuries sustained. The amount of compensation for a car crash that you receive is also dependent on whether you are considered at fault or not. If you are found to be at fault, you may be able to seek compensation but it is likely the amount you receive will be less.

Here are some common scenarios in rear end motor vehicle accidents that can help you assess who is at fault:

  • Rear-end collision involving two cars
    • In a rear-end car crash involving two cars, the car that hit from behind is considered liable. However, if the incident involves the car in front rolling back into the car behind, the driver of the front car may be at fault.
  • Rear-end collision involving more than two cars
    • In the case of a rear end car crash pile up, the last car may be considered liable for damage to all of the cars in front if it caused each car to hit the one in front. Insurers may also argue contributory negligence in these circumstances.
  • Rear-end collision in a car park
    • If a car is reversing out of a car park and collides with you, then the reversing car may be considered liable. If you were both reversing at the same time when the collision occurred, the Insurer may allege contributory negligence. Therefore accidents in car parks can be difficult to prove who is at fault. Given this, it is essential to take down the details of any witnesses at the scene and report the accident to the police.

rear end car crash

Making motor vehicle accident claims

It is always a good idea to consult with a motor vehicle accident lawyer on what your best course of action is. Motor vehicle accident claims depend on whether you are also seeking compensation for injuries sustained in the accident. If your rear end car crash has resulted in damage to your vehicle and serious injuries you may need to file the following claims:

  • CTP insurance claim
    • You may be able to claim for personal injuries under the CTP insurance scheme. To do so you will need to lodge an Accident Nomination Form (ANF) within 28 days of the accident. You can receive up to $5000 in compensation for your car crash but if this does not cover the full extent of your financial loss, you may need to file a personal injury claim.
  • Personal injury claim
    • If your injuries result in a financial loss greater than $5000, or your recovery time is longer than 6 months, you should consider a personal injury claim. Personal injury compensation can cover you for a range of expenses but they need to be filed within 3 years from when the accident occurred.

Compensation for car crash: what is covered?

When making motor vehicle accident claim, the following damages can be claimed:

  • Medical expenses (hospital bills, specialist visits, prescriptions, medical equipment, etc.)
  • Loss of earnings
  • Physical and psychological trauma
  • Travelling to and from medical clinics or hospitals
  • Loss of quality of life

How can I start my claim?

The best way to begin your claim is to consult with a personal injury lawyer about the circumstances of your case so they can advise you on what to do next. If you have been involved in a motor vehicle accident, consulting with a lawyer will help you determine whether you have a good chance of success and what to expect going forward.


If you have been involved in a rear end car crash, contact Schreuders for a free consultation.

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