Who Pays for Rear-End Collisions?

Rear-end accidents can cause severe injuries and even fatalities—especially if the car in the rear is going too fast or is much bigger than the car in front. In many cases, the liability of the driver in the rear is clear.

Most rear-end collision cases center on the amount of the damages. Our car accident lawyers anticipate the arguments insurance companies will make to try to deny or reduce your damage award. We determine which insurance policies apply and how to pursue full compensation. Many rear-end cases do settle, but if insurance companies fail to make reasonable settlement offers, Larson Law Injury & Accident Lawyers is always ready to try your case before a local judge and jury.

How dangerous are rear-end accidents?

Rear-end accidents are among the most common types of car accidents. According to the National Highway Traffic Safety Administration, 28.4 percent of all crashes in 2022 involved a rear-end accident. In total, there were approximately 1,690,000 rear-end accidents in 2022, and 2,817 of these crashes were fatal.

Some of the common causes of rear-end accidents are driver distraction, driver intoxication, speeding, tailgating, bad weather, construction, and driver fatigue.

In most cases, the driver in the rear is likely responsible for a rear-end accident. There are rare occasions where the driver in front may be responsible (such as when the driver brakes quickly without any warning). Rear-end accidents involving more than two cars in a chain reaction of collisions can also occur.

Who pays when drivers cause rear-end accidents?

The insurance company for the responsible driver (again, usually the car in the rear) should pay for your damages. All drivers in North Dakota must have the following minimum insurance coverage:

• $25,000 bodily injury coverage to one person
• $25,000 per person/$50,000 per accident in uninsured motorist coverage (and underinsured motorist coverage equal to uninsured motorist coverage)
• $25,000 in property damage
• $30,000 in personal injury protection (PIP) insurance

Other insurance companies, other than just the driver’s insurance, may have a duty to pay your damages, too. If there are multiple cars involved, then multiple drivers may be responsible for paying your damages.

In some cases, someone other than a driver may also be responsible. For example, if a teenager causes a rear-end accident, we can file a claim against the owners of the car (usually the parents). If a delivery driver rear-ends you, the driver’s employer may be responsible. If an Uber or Lyft driver rear-ends you because they were looking at their GPS while carrying a passenger, then Uber or Lyft may be responsible.

What if the value of my claim is worth more than the minimum insurance coverage that many North Dakota drivers have?

The minimum amount of vehicle liability insurance coverage often is not enough to pay your full claim. If you have a catastrophic or permanent injury such as a traumatic brain injury, spinal cord damage, amputation, or organ damage, your case could be worth tens of thousands, hundreds of thousands of dollars, or millions of dollars. Chronic injuries, like whiplash and back pain, may also have a substantial value.

For example, we obtained $400,000 for a client who suffered injuries when another driver (who was testing a car’s brakes for a car repair shop) struck our client in the rear. Past results can’t predict future outcomes, but they do highlight our dedication to getting clients fair compensation.

If a driver doesn’t have enough insurance, then we can examine the other possible sources of insurance:

• Driver’s policy limits. We examine the driver’s insurance policy to determine how much insurance they have. Many car owners purchase more than the basic minimums.
• Other defendants. We can look to see if any other people are responsible for your injuries (as we discussed above).
• Umbrella insurance. We can review whether the responsible driver had an umbrella policy. An umbrella policy pays for damages over and above the policyholder’s basic coverage.
• UM/UIM insurance. We can file a claim through your own uninsured/underinsured (UM/UIM) policy. You may be able to use it if the driver responsible for your rear-end accident doesn’t have insurance or doesn’t have enough insurance to cover your damage claim.
• PIP coverage. We can file a claim with your PIP insurance carrier. There’s no need to prove fault when you file a PIP claim.

If you have your own health insurance, you should be able to use those policies until your claim settles. If necessary, we’re also able to negotiate with your doctors so they continue your medical care with the understanding they’ll be paid when your case settles or there is a favorable verdict.

Who pays if a hit-and-run driver strikes me?

A fair number of rear-end accidents are caused by a driver who strikes the back of your car and then drives off without exchanging their insurance information. Drivers may flee because they don’t have insurance, are driving on a suspended license, or for many other reasons.

We work with police and investigators to find the driver so that the driver’s insurance can pay your claim. The good news is that if we can’t locate the driver, UM/UIM coverage generally applies to pay your claim, up to the amount of UM/UIM coverage that you have.

How much is a rear-end accident claim worth?

We may seek compensation for both your current and future damages as a result of a rear-end collision. These damages can include the following:

• Medical bills
• Lost income, including lost wages, benefits, business income, and long-term disability compensation
• Any loss of bodily function
• Any scarring or disfigurement
• Your physical pain and emotional suffering, as long as the no-fault “serious injury” threshold is met
• Loss of consortium (marital comfort and enjoyment)

If a rear-end accident is fatal, we seek damages for the funeral and burial costs, the loss of financial support from your loved one due to their death, and the loss of comfort, love, guidance, and society your loved one would have provided for each family member.

At Larson Law Injury & Accident Lawyers, we have 45 years of experience holding negligent drivers accountable and helping car accident victims obtain the compensation they deserve. Our rear-end accident lawyers have helped many car accident victims obtain strong recoveries. If you have a rear-end accident in Minot, Fargo, or Bismarck, please call us or fill out our contact form to schedule a free consultation. We handle car accident claims on a contingency fee basis.