Rear-ended car accident claims
Have you been rear-ended or hit from behind in a car or motor vehicle accident in Brisbane, the Gold Coast or Queensland?
If you have sustained injuries in the accident, our experienced car and motor vehicle accident lawyers The Personal Injury Lawyers are here to help.
Our team of accredited lawyers and solicitors specialises in car, motorbike, bus, and truck accident compensation claims, offering expert advice on the viability of your claim for injuries.
Can I get accident injury compensation?
Discover the compensation you may be entitled to after being rear-ended in a car accident or motor vehicle collision.
We offer a free, personalised claim assessment tailored to your circumstance— contact us for expert advice on your case. Alternatively, use our free compensation calculator to get an estimate of the compensation you could be due.
What damages can I claim after my accident?
If the injuries you sustained after being rear-ended in a collision resulted from the negligence of someone else, then you may be entitled to claim accident compensation. You may be able to claim:
- Funding for your medical and rehabilitation expenses
- Reimbursement for lost income, superannuation and interest
- Compensation for loss of future earning capacity
- Funding and reimbursement for your assistance and care
You may also be entitled to claim general damages, which is compensation for the pain and suffering you have experienced, along with any permanent loss of enjoyment of life. When calculating general damages, the insurers and the court will consider factors like your age, your pre-accident lifestyle and what your lifestyle is now like after the accident.
Additionally, you may also be entitled to claim compensation for any damage caused to your vehicle. Should you choose to have one of our motor vehicle accident lawyers handle your claim for accident compensation, we will also manage this aspect of your claim on your behalf. Even if they don’t have CTP (Compulsory Third-Party) insurance, the at-fault driver is liable for the compensation that you are due. If you were not at fault for the accident, you shouldn’t be out of pocket for the cost of repairing damage to your vehicle.
Who is at fault for a rear-end collision?
While it can be difficult to determine who is at fault when assessing rear-end collisions, there are some general principles that will be used. In a rear-end accident involving two vehicles, the driver of the rear car is at fault unless the collision occurred due to the front car rolling back, in which case the lead driver (driver of the front car) will be liable.
If the accident involves three or more vehicles, the driver of the last car will be responsible for the damage to all cars involved. However, if the cars in front of the last car had already collided, the driver of each car is, generally, only responsible for the damage caused to the vehicle it has rear-ended.
As it can be difficult to determine fault in accidents where a vehicle has been hit from behind, the insurers or the court will use the available evidence to determine which driver is liable. Having a solicitor experienced in lodging motor vehicle accident claims to assist with your claim is advisable in all car accident cases, especially rear-end collision cases.
What injuries are common with rear-end collisions?
Due to the sudden forward and backward force on the head, neck and spine, whiplash and spinal injuries are common injuries in rear-end collisions, with passengers more susceptible to whiplash injuries than drivers. This is because the driver has the added support of the steering wheel with which to brace themselves.
Other injuries that can occur in hit-from-behind motor vehicle accidents include bruising, broken ribs, arm injuries, facial lacerations and head and brain injuries. The severity of the injuries sustained will generally depend on a number of factors, such as:
- The speed at which the vehicles were travelling at the time of the collision
- The type of vehicle (car, motorbike, truck, etc.) and its size and weight
- Vehicle bumper accessories, such as bull bars and nudge bars
If you have been rear-ended or were involved in a collision and hit another vehicle from behind, seek medical treatment, even if you haven’t suffered any noticeable injuries and don’t feel any pain. The symptoms of injuries like whiplash can take days, even weeks, to become noticeable and you need a medical report for your motor vehicle accident claim.
You should also contact the police and ask to have an officer record the accident scene, as having a police report is very important in assessing the accident and determining which driver is at fault. Additionally, make sure you get the name, driver’s licence number, vehicle registration, insurance details and phone numbers of all of the drivers involved in the collision. This information is extremely important when lodging a claim for motor vehicle accident compensation.
I was rear-ended while working. Can I claim workers' compensation?
If you were rear-ended while driving in the course of your work, on your lunch break or on the way to or from work, then yes, you are generally entitled to claim workers’ compensation. We have experienced car accident and work injury compensation lawyers at our Brisbane and Gold Coast offices who can help you with your compensation claim wherever you are located in Queensland.
Do time limits apply to my motor vehicle accident compensation claim?
Yes. Whether you were involved in a car, motorbike or truck accident, there are strict time limits that apply to your claim for compensation. For most personal injury claims in Queensland, you must lodge your claim for compensation within three years of the date of the accident in which your injuries occurred. However, as the insurer is obligated to fund all reasonable medical costs for your injuries, it is advisable to commence your claim as soon as possible as this will get you the help you need.
For claims lodged with CTP insurers, there is a 9-month time limit from the date of your injuries to lodge a claim and just three months if the at-fault vehicle was unregistered or unidentified and you need to lodge a claim with the Nominal Defendant. As strict time limits apply to all motor vehicle injury claims, it is advisable to contact an accident injury solicitor as soon as possible to start the process and get the help you need.
Rear-end collision lawyers Brisbane, Gold Coast and Queensland
If you have been rear-ended while driving a car or riding a motorbike and you have been injured, there is no fee for us to assess your claim for accident compensation. At Accident Law, we have a team of accredited lawyers and solicitors who specialise in car, motorbike and truck accident compensation claims and can advise you on the feasibility of making a compensation claim for your injuries and damage to your vehicle.
To have an experienced lawyer assess your accident compensation claim, call us on 1800 958 498 or complete our short contact form at the footer of every page and we’ll get back to you.
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