Who is at fault in a rear end accident? My mother was involved in a car crash where she was the first-seat passenger and she suffered with a whiplash injury. We want to claim for compensation.
Before attempting to determine who is at fault in rear end accident, you should be aware that rear end car accidents are recognised as one of the main reasons for personal injury claims in Ireland. Due to the high volume of these accidents, the potential for false whiplash claims have increased and insurance companies have become less willing to admit their policy holder’s liability for injuries sustained in rear car accidents.
That said, unless proven otherwise, the law and insurance companies generally assume that the rear-ending driver is who is at fault in rear end accident, although it must be noted that this general tenet does not take into account the many situations where the front cat may be partly to blame, for example, if the car’s brake lights were faulty.
Because of this, even if liability was admitted by the negligent driver at the scene of the accident, the Gardai should still have been called, and an ambulance summoned to the scene of the accident since your mother, and perhaps others, sustained injuries from the rear end crash. If the Gardai did not consider the accident serious enough to attend, your mother should still make a report at a Garda station as soon as practically possibly.
Although making a report of the accident to the Gardai does not prove who is at fault in a rear end accident, the logged record of the initial call to the Gardai and your mother’s accident report can be used as evidence that the accident did indeed happen, if the negligent driver contests her rear end accident compensation claim.
Your mother’s injury should have been noted in her medical history immediately after the accident, or at least immediately the symptoms started to manifest. This information would be valuable evidence to support her case and to help determine liability.
It is recommended that your mother consults with an experienced personal injury solicitor who can assess her case and determine whether or not she has a viable claim. If so, your mother’s solicitor would be able to advise her on the best way to account for her injury and its consequences on the Injuries Board application for assessment.