There is no average payout for a rear-end collision. Every case is different, so the amount a person recovers depends on the facts of the crash, the severity of the injuries, the available insurance coverage, and other factors.
People who ask, “What is the average payout for a rear-end collision?” are often looking for an estimate of what their claim is worth. The truth is that no two cases have the same outcome. The value of a claim often becomes clearer as medical records, treatment costs, lost income, and other evidence become available.
Our Long Island car accident lawyer reviews how the crash happened, collects evidence, communicates with the insurance companies, and works to recover damages. This can be especially helpful when an insurer is questioning the extent of a person’s injuries or losses.
How are Rear-End Collision Claims Valued?
Several factors can affect the value of a claim for a rear-end accident.
These factors may include:
- The seriousness of the injuries
- The type of medical treatment required
- Whether the injuries cause lasting limitations
- Time missed from work
- Future medical needs
- Pain and suffering
- Property damage
- The available insurance coverage
- Evidence showing how the crash occurred
A claim involving significant injuries and lengthy treatment may have a different value than a claim involving minor injuries and a quick recovery.
Why Rear-End Accidents are Not Always Simple Cases
Many people assume the driver who strikes another vehicle from behind is automatically responsible for the accident. In many situations, that may not be true. Even so, insurance companies look closely at several issues before agreeing to pay damages.
They may review:
- Police reports
- Vehicle damage
- Witness statements
- Medical records
- Photos and videos from the scene
- Statements made by the drivers involved
Disputes can arise over injuries, medical treatment, or the amount of damages being claimed.
Common Injuries Reported After a Rear-End Crash
People who get into a rear-end crash can suffer a wide range of injuries, including:
- Whiplash
- Neck injuries
- Back injuries
- Shoulder injuries
- Concussions
- Traumatic brain injuries (TBIs)
- Herniated discs
- Soft tissue injuries
- Broken bones
Some of these injuries appear immediately after the crash. Others may take days or weeks to become fully noticeable.
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What Damages May Be Available After a Rear-End Accident?
An injured person may be able to seek damages for losses linked to the collision.
Depending on the circumstances, damages may include:
- Medical expenses
- Lost income
- Pain and suffering
- Impaired quality of life
- Damaged or destroyed property
How Insurance Companies Evaluate Rear-End Accident Claims
Insurance adjusters often look closely at medical records and other evidence before making a settlement offer.
They may examine:
- The nature of the injuries
- Medical treatment history
- Gaps in treatment
- Prior injuries or medical conditions
- Vehicle damage
- Evidence of fault
An insurance company’s first offer may not reflect the full value of a claim. Many claims involve negotiations before a settlement deal is reached.
What Should You Expect During Settlement Negotiations?
It can take some time after an accident before parties begin settlement talks. These negotiations are often a series of discussions between the parties rather than a single offer.
The amount requested and the amount offered may differ, so there could be more negotiations before an agreement is reached. The timeline depends largely on whether the parties can agree on an amount.
How New York’s No-Fault Insurance System Affects Crash Claims
Motor vehicle accidents in New York fall under the state’s no-fault insurance system. After a crash, a person’s Personal Injury Protection (PIP) coverage generally pays for certain medical expenses and lost earnings regardless of who caused the accident.
In cases involving serious injuries, an injured person may have the right to pursue damages against the at-fault driver. Whether an injury meets New York’s serious injury threshold depends on the facts of the case.
How Much Time Do You Have to Bring a Lawsuit in New York?
If you cannot settle your claim outside of court, filing a lawsuit may be the next step. New York generally gives injured people three years from the date of the accident to file a personal injury lawsuit under NY CPLR § 214(5).
If a rear-end crash causes fatal injuries, certain surviving relatives generally have two years to file a wrongful death lawsuit, per NY EPT § 5-4.1
Parties must meet these deadlines, or they risk losing their right to pursue damages from the liable party. Reviewing your case with our Long Island personal injury lawyer early can help you determine how much time you have left to act.
Discuss Your Rear-End Collision Claim With Levine and Wiss
Questions about payouts in a rear-end collision often come up after medical bills start coming in and insurance companies begin investigating a claim. Even if there is no average payout for these cases, you may be able to pursue damages.
If you are seeking answers, Levine And Wiss can help. We have secured hundreds of millions for clients and represented thousands of people throughout New York. Our legal team is ready to fight for your damages, and we will take your case to trial if necessary.
Our firm brings together attorneys, investigators, paralegals, and support personnel to manage every stage of the process. Clients can communicate directly with our lawyers, including by text message, and we return calls right away. Call today for a free consultation. We are available 24/7 and can meet with you virtually through Zoom or travel to you at a convenient location.
