Rear End Car Accident Settlement: What You Need To Know
Four of the most important factors of a rear end car accident settlement are: (1) the extent and duration of your injuries; (2) how your injuries affect your ability to lead your normal pre-car crash life (3) your lawyer’s reputation; and (4) how clear is the negligence of the at-fault driver.
After being rear ended, you need an attorney with the experience, skill and proven results in obtaining record-breaking settlements to fight for you and to get you the best possible settlement amount.
Find out how much your rear end car accident settlement is worth by checking out our calculator or call us toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced attorneys.
Your choice of lawyer will affect your rear end car accident settlement
The lawyer that you hire to help you and your family will have a significant effect on the amount and how fast you get your rear end car accident settlement.
When determining how much to settle a case for, auto insurance companies consider many factors. But one of the factors that carries a great deal of weight is the lawyer who represents the victim.
Depending on your lawyer’s experience and trial verdicts, your lawyer would increase the value of your rear end car accident settlement by up to 4 x more – just by virtue of his or her track record and reputation.
The attorney whom you choose to hire matters.
The bottom line is that attorneys who are known for going to trial can settle cases for significantly more money and often much faster.
Can you file a lawsuit after being hit from behind?
Depending on your injuries and the liability of the at-fault driver after being hit from behind, you may be able to file a lawsuit for pain and suffering compensation, excess medical expenses and excess lost wages against the at-fault driver. You may also be able to sue for unpaid, overdue No-Fault benefits.
A lawsuit for pain and suffering compensation will allow you to recover for your: (1) physical pain and suffering; (2) mental anguish; (3) fright and shock; (4) denial of social pleasure and enjoyments; (5) embarrassment, humiliation or mortification; and (6) shame, mental pain and anxiety.
Excess medical expenses cover that portion of your medical bills that exceeds the No-Fault PIP medical benefits coverage level that was selected in the auto insurance policy through which you are claiming No-Fault benefits.
Excess lost wages cover the portion of your lost income that exceeds the monthly maximum and/or the three-year limit that are set by Michigan’s No-Fault auto insurance law.
Average rear end car accident settlement
There is no public or private entity – at either the state or the national level – that collects and publishes data about the amount of the average rear end car accident settlement cases in Michigan.
But even such a settlement database did exist, it likely would not be that helpful in determining the best possible settlement amount in your case because the database would only reflect what the “average” settlement was.
An “average” settlement amount would fail to account for the specific circumstances of your case, your specific personal injuries and impairments, your specific medical needs (both now and well into the future), the specific impact on your ability to lead your normal pre-crash life and other factors that are unique to you, your injuries and your case.
How does the at-fault driver’s insurance affect my rear end car accident settlement?
The amount of liability insurance coverage carried by the at-fault driver who injured you will affect the amount of your rear end car accident settlement because the limit in his or her policy is the maximum that the auto insurance company will pay towards what you are owed for pain and suffering compensation.
Michigan’s auto law requires all drivers to carry minimum liability insurance coverage with the following limits:
- “[N]ot less than $250,000.00 because of bodily injury to or death of 1 person in any 1 accident.” (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a))
- “[N]ot less than $500,000.00 because of bodily injury to or death of 2 or more persons in any 1 accident.” (MCL 500.3101(1); 500.3131(2); 500.3009(1)(b))
However, drivers also have the option under the law to “choose to purchase lower limits” of $50,000 and $100,000. (MCL 500.3009(5)
Key factors that will affect the value of your lawsuit
There are several key factors that will affect how much you are able to recover in your rear end car accident settlement: (1) your injuries; (2) your current and future medical needs; (3) your prognosis; (4) whether you are still recovering and healing from your injuries or whether you eventually made a full recovery; (5) Whether your injuries will necessitate “excess” coverage for present and future medical bills and lost wages; (6) how your injuries and impairments affect your ability to return to work and whether you continue to be partially or fully disabled from working; (7) whether you were disabled from engaging in other important non-work-related activities that were part of your normal pre-crash life; (8) whether your injuries have caused you to suffer a serious impairment of body function that affects your ability to lead your normal life; (9) the experience, track record and reputation of your lawyer (attorneys who are known by insurance companies for being willing to go to trial can actually settle cases for more money and often much faster); (10) the auto insurance company, adjuster and defense attorney for the at-fault driver of the car that caused your crash; (11) the at-fault driver’s liability insurance coverage limits; and (12) your coverage limits for “uninsured motorist” and “underinsured motorist” insurance.
The “serious impairment of body function” requirement is the legal threshold that crash victims must meet under Michigan’s auto law to recover a lump sum cash payout or verdict for pain and suffering and excess economic loss.
Call the attorneys at Michigan Auto Law for a free consultation
If you have been injured in a rear end crash and would like to speak with an experienced attorney about a rear end car accident settlement, call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys. You can also get help from an experienced automobile crash attorney by emailing [email protected] or you can use the chat feature on our website.