Rear End Shunt Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a car accident injury we can help.
The purpose of this guide is to help anyone who has suffered a car accident injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
rear end shunt injury compensation:
As well as damaging vehicles, the impact of a rear-end shunt often causes injuries such as whiplash to the driver and passengers in the car which has been hit.
See also: Making a claim for a car passenger claim
What is a rear end shunt or 'rear-ender'?
A rear end shunt is when one vehicle collides into the back of the vehicle in front. This might be when the car in front is stationary, for example at a junction, roundabout or traffic lights, or when traffic is moving slowly in a congested area.
Collisions such as these may happen when the driver of the following vehicle loses concentration for a moment, or is travelling too close to the vehicle in front.
Multiple rear end shunts may occur in lines of queuing traffic when the impact of a car hitting the end of the queue pushes other cars forward into the rear of the cars in front of them.
Who is liable for a rear end shunt?
Usually the driver of the colliding vehicle is legally liable for a rear end shunt since it is his responsibility to keep a safe distance between his vehicle and the vehicle in front, ensuring he has sufficient time to react and stop should the leading vehicle also stop.
However in a multiple rear end shunt the liability falls on the driver of the vehicle who hit the back of the queue. Each of the subsequent shunts and collisions were caused by his original negligence, therefore all claims should be met by his insurer.
Could I be liable if I braked suddenly?
You may have to brake suddenly if another car pulls out of a junction in front of you, or a child runs out across the road, for example. However, your reaction to the unexpected hazard does not make you responsible for a rear end shunt, should the vehicle behind you collide with you or another vehicle run into the back of that vehicle as a consequence.
What should I do if involved in a rear end shut?
In the first instance, you should exchange details with the other driver(s), including name, address, vehicle registration number and insurance company.
Gather as much evidence as possible, photograph the scene if possible, and take the details of any witnesses who may be able to verify what happened.
Do I have a rear end shunt injury claim?
You should be eligible to make a rear end shunt injury claim if your injury occurred:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if the road accident was my fault?
If you think you were partly responsible for the road accident or for your injury, it should still be possible to make a claim.
In these cases, claims are usually settled with a split liability agreement.
For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.
What if the driver was uninsured or untraceable?
If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).
The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a rear end shunt injury claim on their own behalf.
Low value rear end shunt injury claims - Updated June 2021
The regulations for making a lower-value road accident claim (sometimes called 'small claims') have changed.
From 31 May 2021, some lower-value rear end shunt injury claims should be made using the Ministry of Justice’s new Official Injury Claim Service online portal.
If you were injured in a vehicle, and the general damages for your injuries are likely to be under £5,000, the Official portal will be used to make your claim. The portal should also be used if the total value (general damages and special damages) for your claim is less than £10,000.
Claims for cyclists, motorcyclists, pedestrians and children are not affected by the new regulations.
The new process can be daunting, and we are here to help. You can still use a solicitor to calculate the value of your compensation and to help you make a low value claim through the portal.
No Win, No Fee compensation for low value rear end shunt injury claims
Some solicitors are no longer assisting with lower-value claims, but we can still help you make a No Win, No Fee compensation claim for a lower-value road accident claim.
The amount of money you could claim for your rear end shunt injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your rear end shunt injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a rear end shunt injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious back injury can be £30,000
For a more minor ankle injury, in isolation, you would typically receive £7,000.
However, if you have a serious back injury and a more minor ankle injury, you would typically receive £30,000 + a reduced percentage of £7,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a rear end shunt injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a rear end shunt injury will depend entirely on your specific circumstances.
Your rear end shunt injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a rear end shunt injury injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Calculate my rear end shunt injury compensation
Calculating how much compensation you can claim for a rear end shunt injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your rear end shunt injury claim could be worth now:
How long does a road injury compensation claim take?
How long it can take to get compensation for a car accident can vary considerably.
For example, a straightforward liability accepted road accident claim could be settled in several weeks. However, if liability is denied it could take longer. Typically, a road accident claim should take 4 to 9 months. For more information on how long your claim could take, see: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your rear end shunt injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
No win, no fee, no risk
With a no win, no fee agreement (referred to as a 'Conditional Fee Agreement' or 'CFA') you can make a rear end shunt injury claim without having to pay upfront legal fees. If your rear end shunt injury claim is unsuccessful you won't have to pay any money to your solicitor.
Our no win, no fee promise
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of making a rear end shunt injury compensation claim. Read more about making a No win, no fee claim
What do I pay if I win my rear end shunt injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my rear end shunt injury claim?
If your rear end shunt injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 376 1001 or arrange a callback:
if you can claim
to start a claim
Rear end shunt injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a rear end shunt injury claim?
In general, you have a time limit of up to 3 years from the date of the rear end shunt injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your rear end shunt injury claim becomes 'statute barred'.
Can I claim for a rear end shunt injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim rear end shunt injury compensation.
In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.