Who Is Liable for Rear Accident Damage?

If you were involved in a collision and are now dealing with rear accident damage, who is liable? Do you need to deal with your own insurance company, or can—and should—you file a claim with the other driver’s insurer? 

While the answers to these questions depend on the specific circumstances of your car accident, there is a good chance that the driver who rear-ended you is liable. In most cases, the driver who does the rear-ending is at fault, and this means that he or she can—and should—be held fully responsible. 

Establishing Liability for a Rear-End Accident in Arkansas

Of course, when we talk about responsibility (and liability) after a car accident, the reality is that any compensation you receive will most likely come from the insurance companies. Fortunately, all drivers are required to carry liability insurance under Arkansas law. Less fortunately, the insurance companies will fight to avoid covering accident victims’ losses, and they will deny your claim unless you present clear evidence of liability.  

With this in mind, how can you make sure the insurance companies cover your rear accident damage? Here are some important tips for maximizing your chances of success: 

1. Take Plenty of Photos of Your Rear Accident Damage

If possible, you should take plenty of photos of the rear accident damage to your vehicles. Videos can be extremely helpful as well. Try to document the damage from all angles, and take photos and videos from both close up and far away. Documentation of the nature and extent of the rear accident damage to your vehicle can assist with proving liability—so it is extremely important that you document the damage before your vehicle gets repaired or sent for salvage.

2. Hire an Attorney to Preserve as Much Evidence as Possible 

Along with documentation of the damage to your vehicle, proving liability for your rear-end collision may require various other forms of evidence as well. Collecting this evidence may involve sending an investigator to the scene of the collision, talking to eyewitnesses, obtaining surveillance or traffic camera footage, obtaining the other driver’s cell phone records, and collecting evidence from a variety of other sources. To make sure you are able to preserve as much evidence as possible, you should hire an attorney to assist with your claim right away. 

3. Be Prepared to Deal with Allegations of Comparative Fault 

Even if it is clear that the other driver rear-ended you, his or her insurance company may still try to avoid liability by alleging comparative fault. This means that it will accuse you of somehow being responsible (or at least partially responsible) for your own rear accident damage. While this can be frustrating, it is often a part of the process—so it is important to be prepared. If you hire an attorney to represent you, your attorney can deal with any allegations of comparative fault on your behalf.

4. Don’t Focus Solely on the Damage to Your Vehicle 

When you are dealing with the aftermath of a rear-end collision, it is important not to focus solely on the damage to your vehicle. Are you dealing with neck pain or back pain? Do you have any other symptoms of a possible injury? If so, you should seek medical attention right away. If you have a liability claim for your rear-end collision, you are entitled to coverage not only for your vehicle repair (or replacement) costs, but for your medical bills, lost wages, pain and suffering, and other losses as well. 

5. Keep in Mind that Auto Insurance Might Not Be Your Only Option

Finally, while most rear-end accidents are the result of driver negligence, other factors can come into play as well. Did the other driver’s brakes fail? Was there an issue with the road surface that caused the other driver to lose control? If a non-driver-related factor played a role in your rear-end collision, you may need to work with your attorney to file a claim outside of auto insurance in order to recover the full compensation you deserve. 

Discuss Your Rear Accident Damage Claim with an Attorney for Free

Do you need to know more about seeking coverage for rear accident damage after a vehicle collision in Arkansas? If so, we encourage you to contact us promptly for more information. You only have a limited time in which to take legal action after an accident. If you fail to file a claim in time, you could miss your opportunity to recover damages for your physical, financial, and emotional losses.

Contact Oliver Law Firm today online or at 479-202-5200 to speak with an attorney about your rear accident damage claim. We serve clients across Arkansas and throughout the United States from our office in Rogers, AR. We handle accident claims on a contingency basis, which means you don’t pay unless we win.