Understanding your legal rights and responsibilities after a rear-end collision helps protect your interests and ensures fair treatment throughout the claims process.

Statute of Limitations: Don’t Delay

Every state has a time limit (statute of limitations) for filing claims after an auto accident:

• Personal injury claims typically must be filed within 1-6 years, depending on your state
• Property damage claims often have different deadlines
• Missing these deadlines can permanently bar you from seeking compensation

Comparative Negligence: When Fault is Shared

While the rear driver is typically presumed at fault, some states consider:

• Comparative negligence: Your compensation may be reduced by your percentage of fault
• Contributory negligence: In a few states, being even partially at fault may bar recovery
• Modified comparative fault: You can recover damages only if you’re less than 50% responsible

Types of Damages You May Claim

After a rear-end collision, you may be entitled to:

• Economic damages: Medical expenses, lost wages, property damage, future medical costs
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life
• Punitive damages: In cases involving extreme recklessness (like drunk driving)

When to Consult an Attorney

Consider legal representation if:

• You’ve sustained serious injuries requiring extensive treatment
• The accident has caused significant lost income
• Liability is disputed despite you being rear-ended
• The insurance company is offering a settlement that seems inadequate
• You’re being pressured to accept a quick settlement
• The at-fault driver was uninsured or underinsured

What to Expect If You File a Lawsuit

If your case proceeds to litigation:

• The discovery process will involve exchanging information
• You may need to give a deposition (sworn testimony)
• Mediation or settlement conferences may be required
• Most cases settle before trial, but preparation is important

Understanding these legal considerations helps you make informed decisions and ensures you don’t forfeit important rights after being involved in a rear-end collision.

People Also Ask

• Is Utah a no-fault state for car accidents? Yes, Utah is a no-fault state, meaning your own insurance pays for your medical expenses through Personal Injury Protection (PIP) regardless of who caused the accident. However, you can step outside the no-fault system and file a lawsuit if your injuries meet certain thresholds: medical expenses exceeding $3,000 or permanent disability/disfigurement.
• What are the damages of being rear-ended? Legally recoverable damages may include economic damages (medical expenses, lost wages, property damage, future medical care) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In rare cases involving extreme recklessness, punitive damages may be available.
• How is fault determined in a car accident in Utah? Utah follows modified comparative negligence rules, meaning your compensation may be reduced by your percentage of fault. If you’re found more than 50% at fault, you cannot recover damages. For rear-end collisions, the rear driver is typically presumed at fault, but this presumption can be challenged with evidence.
• What counts as a rear-end in an accident? Legally, a rear-end collision occurs when one vehicle strikes another from behind. This includes any scenario where the front of one vehicle impacts the rear of another, whether at an intersection, in traffic, or while parked. The specific impact point and angle may affect liability determination.