A fender bender is one of the most common crashes in the USA. Despite its frequency on highways, urban roads, and parking lots, those involved still often wonder, “If I get rear-ended, who pays?” Unfortunately, the answer isn’t always straightforward.
However, what is clear is that an injured driver or passenger harmed by another driver’s negligent actions may be able to recover compensation with the help of experienced car accident lawyers.
Rosenberg & Gluck wants to help you understand your legal options, the challenges you may face when seeking compensation, and how our personal injury law firm can help you obtain a fair settlement.
For a free legal consultation, call 516-451-7900
How Can I Receive Compensation After A Rear-End Car Accident?
File a no-fault insurance claim with your own insurance provider.
New York is a no-fault state for car accidents. Mandatory insurance coverage carried by both drivers may compensate you for injuries sustained regardless of who was at fault for the collision. This form of compensation is often limited and typically only covers:
- Reasonable and necessary medical expenses
- A limited portion of lost wages
- Temporary transportation and home health care costs up to $25 per day
- Death benefits up to $2,000
Receiving these payouts isn’t always guaranteed. To recover any amount of potential compensation available through your Personal Injury Protection insurance policy, you will still have to go through a complicated process of filing paperwork, submitting evidence of your injuries, and filing within the statute of limitations.
File a personal injury claim against the rear driver responsible for the accident.
Personal auto insurance may not be enough to cover the full extent of damages and losses suffered in a rear-end car crash. You may need to seek additional compensation through a personal injury claim against the at-fault driver’s insurer.
This legal option may allow you to recover damages not offered in the no-fault insurance payout, such as:
- Enhanced reimbursement for lost wages and medical expenses not already covered by no-fault insurance
- Expanded compensation for out-of-pocket expenses resulting from accident-related injury treatment or care
- Financial recognition for pain and suffering
- Broader coverage for permanent injuries, including scarring or disabilities
- Consideration for property damage or vehicle repairs beyond basic insurance payouts
With the help of a car accident attorney, filing a claim may offer greater recoveries for the short and long-term impact of accident injuries.
However, compensation may still fall short of what’s needed depending on the insurance company’s willingness to provide a fair offer and the coverage cap of the policy you are claiming against.
File a personal injury lawsuit against the at-fault driver.
If a liability insurance claim is denied or falls short of meeting accident-related expenses, your lawyer may advise filing a personal injury lawsuit against the at-fault driver.
This type of legal action may allow you to recover damages beyond what insurance companies are willing to offer, potentially addressing the full scope of financial, physical, and emotional hardships caused by the accident, such as
- Compensation for medical costs, including future treatments and specialized care
- Maximum recovery for lost wages and the loss of future earning potential
- Financial damages for emotional distress, pain, and suffering that deeply impact your quality of life
- Financial recognition of life-altering injuries, such as permanent disabilities or disfigurement, through higher awards
- Comprehensive compensation for property damage and other direct financial losses
While pursuing a lawsuit offers the potential for significant compensation, winning requires building a strong and compelling case. This is where experienced attorneys make the difference thanks to their ability to analyze case details, help gather strong evidence, and aggressively advocate for your rights.
What Does It Take To Recover Compensation After A Rear-End Accident?
Strong evidence showing negligence.
Nobody likes to play guessing games when determining liability for a rear-end collision. Doing so just leads to “he said, she said” arguments that go nowhere.
Every injury case needs evidence to support a claim for compensation, whether through a claim or lawsuit. Information a lawyer can help you gather to show negligence and advocate for a fair settlement includes:
- Traffic camera footage
- The police report
- Eyewitness testimony
- Information from accident reconstruction experts
- Your medical records
- Photos of your car’s damage
These and other pieces of evidence may show that the driver acted negligently or recklessly, leading to the cause of the accident. Common negligent driving actions that may qualify for compensation in a car accident case include but are not limited to:
- Distracted driving behaviors such as texting, eating, applying makeup, talking on the phone without the use of a hands-free setup
- Speeding
- Driving under the influence of alcohol or drugs
- Failing to yield at intersections or crosswalks
- Running red lights or stop signs
- Tailgating or following too closely behind another vehicle
- Changing lanes without signaling or checking for other vehicles
- Driving aggressively or engaging in road rage behaviors
- Performing illegal turns, such as U-turns in prohibited zones
- Ignoring weather or road conditions, like failing to adjust for rain, snow, or ice
- Passing illegally, such as in no-passing zones or on the shoulder of the road
- Driving without proper lighting at night or in low-visibility conditions
- Failing to observe and obey pedestrian or cyclist right-of-way laws
Overall, strong evidence that supports negligence in a rear-end collision helps build a solid case that allows accident survivors to recover compensation for those responsible for their injuries.
An experienced personal injury attorney can help gather and present this evidence effectively to ensure you receive the justice and compensation you deserve.
Filing within the statute of limitations.
Taking swift action after a rear-end collision isn’t just about ensuring proper treatment for your injuries—it’s about protecting your right to pursue compensation.
New York law imposes strict time limits for filing a personal injury lawsuit, and missing this statute of limitations could mean losing your chance to recover damages.
Critical deadlines and requirements to keep in mind so that you can pursue compensation when someone rear-ends your vehicle include:
- Filing a personal injury lawsuit within three years of the accident date.
- Submitting a DMV accident report within 10 days if the accident involves injuries, death, or property damage exceeding $1,000.
- Filing a No-Fault insurance claim within 30 days from when the accident occurred to seek compensation for medical expenses and lost wages.
Failing to meet these deadlines can limit your options for compensation or prevent you from filing completely. Even if the time limits seem far off, starting early allows your lawyer to gather compelling evidence and handle any administrative hurdles while you focus on your recovery.
Experienced car accident attorneys.
Recovering from a rear-end collision often means navigating physical, emotional, and financial challenges. When even simple daily tasks feel overwhelming, tackling the complexities of a personal injury claim or lawsuit can seem impossible. This is where the right car accident attorney makes all the difference.
Benefits of working with a lawyer include:
- Identifying all liable parties: Legal professionals can help investigate beyond the obvious, such as assessing possible responsibility from manufacturers, repair companies, or other drivers.
- Challenging false claims or defenses: A lawyer may spot inconsistencies or inaccuracies in the claims of other parties that could help your case.
- Navigating insurance negotiations: Attorneys can guide clients through the claims process when insurers attempt to minimize payouts or complicate the case.
- Exploring all options for compensation: Legal advice can help ensure that all possible sources of reimbursement—such as uninsured motorist coverage, underinsured motorist coverage, and any other applicable auto insurance policy—are considered.
- Collaborating with relevant experts: Attorneys may consult accident reconstruction experts, medical professionals, or economists to bolster your case and clarify its impact on your life.
Working with a car accident lawyer allows accident victims to focus on their recovery while professionals address the complexities of the legal process. This collaboration helps ensure no opportunity for compensation is overlooked.
What To Expect When Seeking Compensation After Rear-End Collisions
Analyzing the accident.
A lawyer begins by carefully examining the circumstances of the collision. To secure maximum compensation, their analysis may include:
- Evaluating evidence to highlight factors that determine liability for medical expenses, lost wages, or other damages.
- Helping you seek medical attention from providers who may defer payment until your case is resolved.
- Strategizing your case based on the unique strengths and challenges identified during their analysis.
This step ensures that your legal representation builds the strongest case possible while you focus on recovering from your injuries.
Sending a demand letter.
This powerful document outlines the costs of your damages and losses recoverable under the insurance policy you file against. Key points of this process include:
- Detailing your injuries and financial losses in a compelling way to substantiate your claim.
- Ensuring the document is backed by evidence from the accident investigation.
- Setting the stage for negotiations by addressing potential disputes early in the process.
A lawyer’s role here is to ensure that your demands are heard and taken seriously by your own or the at-fault driver’s insurance company.
Receiving and evaluating the initial offer.
An initial settlement offer often falls well below the damages incurred, as insurers aim to settle rear-end collision claims for as little as possible. Here’s how your legal team can help during this stage:
- Reviewing the initial offer to identify any overlooked damages, such as those related to significant injuries or long-term care needs.
- Comparing the offer to evidence of your medical bills, lost income, and pain and suffering for accuracy.
- Advising you on whether to accept the offer or negotiate for fairer compensation.
Relying on experienced legal advice will prevent you from being pressured into accepting a low offer that fails to reflect the full cost of being rear-ended.
Negotiating for fair compensation with the insurance company.
Negotiating with an insurance company can feel overwhelming, especially given tactics used to undervalue claims. Your car accident lawyer steps in here to advocate on your behalf, fighting for the settlement amount you truly deserve.
During this step, your attorney can provide vital support by:
- Presenting counteroffers with clear documentation of the damages and their financial impact.
- Addressing any attempts by the insurer to deny liability or minimize coverage.
- Ensuring compensation includes future medical needs, lost earning capacity, and non-economic damages like emotional distress.
This negotiation phase protects you from settling for less than what you need to recover from the financial impact of being rear-ended.
Litigation
Filing a car accident lawsuit may become the best course of action if negotiations don’t lead to a satisfactory resolution. While litigation requires additional effort, it can help maximize compensation and hold the responsible parties accountable. Your lawyer can guide you through this step by:
- Gathering expert testimony and additional evidence to strengthen your case.
- Exploring whether third parties, such as vehicle manufacturers or repair shops, bear partial responsibility.
- Representing you in court while you continue focusing on your recovery.
Pursuing legal action continues your fight for justice and fair compensation when initial claims fall short.
Rosenberg & Gluck, LLP | Car Accident Attorneys Ready To Help You Fight For Maximum Compensation After A Rear-End Collision
You don’t have to know who is responsible for paying for your injuries after a rear-end crash. All you have to know is that the experienced personal injury lawyers at Rosenberg & Gluck are ready to fight for your right to compensation.
We have years of experience championing the rights of those suffering serious injuries caused by motor vehicle accidents. Whether through your own insurance, the at-fault party’s collision coverage, or a personal injury lawsuit, we are prepared to make sure you get the fair settlement you deserve.
Don’t let the other driver’s insurance company take advantage of you. Contact us today for a free case evaluation and see what an experienced lawyer can do to help in the pursuit of justice.
