What to Do When You Are Rear-Ended

Rear-end collisions are among the most common crashes, and they often look minor. The car may have a dented bumper while the driver has a neck injury that shows up the next day.

At the scene

1. Put the car in park, turn on hazard lights and check everyone for injuries.
2. Call 911 if anyone is hurt or the cars block traffic.
3. Exchange names, license, plate and insurance information.
4. Photograph both bumpers, the position of the cars, and the road.
5. Ask witnesses for contact details. Note whether the other driver mentions a phone, being distracted or not seeing you stop.
6. Do not say "I'm fine" or discuss fault; you do not yet know if you are injured.

Who is at fault?

Drivers must keep a safe following distance and stay alert, so in most states the rear driver is presumed negligent in a rear-end collision (Cornell LII). That presumption can be rebutted. Situations where the front driver may share fault include:

• Reversing suddenly or stopping for no reason
• Brake lights that did not work
• Cutting in abruptly without leaving space
• A multi-car chain reaction, where the middle driver may share fault

If you share fault, your state's comparative negligence rule decides how much you can recover (Cornell LII); see state laws.

Watch for whiplash

Rear impacts are the classic cause of whiplash. Neck pain, stiffness and headaches often start hours or a day later. See a doctor promptly; a delay is the first thing insurers point to. More: what to do after whiplash.

Filing the claim

• Car damage: claim with the rear driver's insurer, or use your collision coverage and let your insurer pursue them.
• Injuries: claim against the rear driver's liability coverage. In no-fault states, your own PIP pays medical bills first.
• Rental car: usually covered by the at-fault driver's insurer for a reasonable repair period.

If you rear-ended someone

Report the crash to your insurer and do not admit fault at the scene. Even rear drivers can sometimes show the front driver shared responsibility.

If you were hurt or the other insurer disputes fault, a personal injury lawyer can review the claim. See also what to do after a car accident.

Sources

1. Cornell Law School LII: Negligence
2. Cornell Law School LII: Comparative negligence
3. NHS: Whiplash
4. AARP: What to do after a car accident