Motor Vehicle

Who is to blame for rear-end car accidents in Queensland

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Rear end car accidents caused by motorists colliding into the back of other motorists are the most common car accidents that occur on Queensland roads. If you’ve been involved in one, you may be entitled to make a Motor Vehicle Accident Claim in Queensland.

Personal injury lawyers in Queensland can help you navigate the legal disputes and complexities that arise from rear-end car collisions, especially where fault is under question. In this article, we cover everything you need to know about rear-end collisions, from what to do following the accident to whether or not you may be eligible to lodge a claim.

 

What is a Rear-End Car Collision?

Rear-end car collisions occur when one vehicle runs into the back of another, meaning the bonnet of one car collides with the tailgate or bumper of another. There are several reasons for these accidents, with many related to the inattentiveness of one driver.  

Common causes for rear-end car collisions:

  • Motorists speeding.
  • Motorists becoming distracted by map directions, phone usage, broken down or abandoned cars on the side of the road.
  • Car accidents occurring ahead of drivers on the road.
  • Motorists being inattentive in traffic and in general.
  • Motorists following the vehicle in front too closely.
  • Rain, ice, or snow that reduces road traction and significantly extends stopping times.

In most cases, these types of collisions occur due to tailgating, where cars drive too close to the ones in front of them. These accidents look like sudden braking due to approaching hazards or panicked stopping with a driver tailgating closely behind. 

Naturally, a car will not stop immediately following the warning of red, brake lights ahead of them.

This is because of the drivers reaction time and the time it takes for a car to properly stop.

Depending on the speed and road conditions, drivers should accommodate the distance to the car in front of them accordingly. Higher speeds or hazardous weather require a larger distance between cars.

 

Who is At Fault in a Rear-End Collision?

Where two cars are involved in a rear end car accident, the driver of the car behind is deemed to be at fault as a standard condition. This is upheld unless the car accident is a result of the car in front reversing backwards or rolling backwards into the car behind. In cases of rolling or reversing, it does not matter how close the car behind was to the car in front, due to the nature of what caused the collision.

Where three cars are involved in a rear end car accident, each car is generally only liable for the damage caused to the vehicle in front of them. However, a car at the end of a multi-car pile-up may be liable if their collision with the car in front of them has caused that car to get pushed into the back of the vehicles ahead. These ‘roll-on’ accidents usually only occur in dense traffic and at speeds over 50km/h. 

In car accidents that occur in car parks, the general rule as to who is at fault is based on who is reversing at the time. If only one car is reversing out of a carpark and hits your vehicle from behind, the reversing car is at fault. If, however, both cars are reversing, then they share the fault for the car accident equally.

 

Common Injuries From Rear-End Car Accidents

Not all rear-end car accidents result in injuries, especially those that occur in car parks or happen at very low speeds. However, they can still cause minor injuries such as mild cases of whiplash or strains.

Larger accidents, occurring at higher speeds or involving multiple cars, can cause more severe injuries that need immediate medical attention. 

Injury Body Area Typical Symptoms Onset Usual Recovery
Whiplash (cervical strain) Neck Neck pain and stiffness, reduced range of motion, headaches, shoulder pain Hours to 2-3 days Weeks to a few months (some cases become chronic)
Concussion/mild TBI Head Headache, dizziness, confusion, nausea, light sensitivity, memory or concentration problems Immediately to days Days to weeks (sometimes longer)
Upper/mid back strain Thoracic spine Muscle pain, tightness, spasms Hours to days Weeks to months
Lower back strain or sprain Lumbar spine Aching or sharp pain, stiffness, pain when bending or lifting Hours to days Weeks to months
Herniated or bulging disc Neck or lower back Radiating pain, numbness or tingling, weakness in arms or legs Days to weeks Weeks to months (may need injections or surgery)
Shoulder injuries Shoulder Pain when lifting the arm, weakness, bruising along the belt line Immediately to days Weeks to months
Seatbelt bruising Chest and abdomen Bruising, soreness, tenderness Immediately to 1-2 days 1-3 weeks
Rib fractures or chest contusions Chest Sharp pain with breathing, tenderness Immediately 6-8 weeks for fractures
Knee injuries Knees Swelling, pain, instability from striking the dashboard Immediately to days Weeks to months, depending on severity
Wrist/hand injuries Hands and wrists Pain, swelling, sprains or fractures from gripping the wheel Immediately Weeks to months
Jaw (TMJ) pain Jaw Jaw pain, clicking, headaches Days to weeks Weeks to months
Psychological effects (anxiety, PTSD, sleep problems) Mental health Fear of driving, flashbacks, irritability, trouble sleeping Days to weeks Varies widely

Regardless of how extreme symptoms are, it’s important to seek medical attention following any car accident.

Symptoms for these injuries may not present clearly, or may take time to appear. Receiving the proper medical care following a rear-end car accident ensures the safety for all those involved. 

 

What to do After a Rear-End Collision

In Queensland, there are steps that should be taken following any car accident to ensure the safety of the drivers and reduce the risk of further collisions from surrounding cars or hazards. 

 

Immediate Safety & Scene Management

  • Stop and Secure: stop the vehicle immediately, turn on your hazard lights, and switch off the ignition
  • Check Injuries: Check yourself, passengers and those involved for injuries. Call 000 for emergency services if anyone is hurt
  • Clear Road: Where possible, move the cars involved to a safe place (ideally the side of the road)

 

Exchange Information & Evidence

  • Driver Details: exchange full name, address, vehicle owner information and take a photo of each other’s drivers licenses. 
  • Vehicle & Insurer details: record the vehicle registration number, make, model and insurance details 
  • Photograph: take photos of the damage to the cars or vehicles involves
  • Liability: do not admit liability and avoid discussing fault or apologising at the scene 
  • Witnesses: collect the names, phone numbers and email addresses from anyone who witnessed the accident 

 

Report to Authorities & insurers

  • Police: Call 000 if there are injuries, major road blockages, or if a driver appears under the influence. For non-urgent accidents requiring a report, drivers can report it online via the Queensland Police Service or call Policelink on 13 14 44
  • Notify Insurers: contact your car insurance provider as soon as possible and lodge a claim (you should also arrange a tow service if your vehicle is unsafe to drive)
  • Seek Medical Care: Visit a doctor or specialist promptly even if you feel uninjured, as whiplash or soft tissue damage can be delayed (medical records are also essential for filing Compulsory Third Party {CTP} claims)

 

How to make a CTP Compensation Claim

If you were not at fault for the rear-end collision, you can lodge a Compulsory Third Party (CTP) claim to the at-fault drivers insurer.

For this process, drivers must submit a Notice of Accident Claim Form from the Motor Accident Insurance Commission (MAIC) to the at-fault drivers insurer. This form details the accident as well as providing evidence, witness accounts, or medical conditions.   

How to lodge a CTP claim:

  1. Get medical care and keep all records, receipts and payslips.
  2. Report the accident to police and get a reference number.
  3. Identify the at-fault vehicle’s CTP insurer using MAIC’s insurer lookup, which is based on the vehicle’s registration.
  4. Complete the Notice of Accident Claim Form, signed in front of an eligible witness.
  5. Lodge it within 9 months of the accident, or within 1 month of first seeing a lawyer, whichever is earlier.
  6. Await the insurer’s response. They must reply within 14 days on whether the notice is satisfactory.
  7. Cooperate with the investigation by providing evidence and attending any medical assessments.
  8. Attend the compulsory conference, where most claims settle.
  9. Start court proceedings within 3 years of the accident if the claim doesn’t settle.

 

What Happens if I was At-Fault?

If you were the at-fault driver, your options for compensation are very limited in Queensland. Because the CTP scheme is fault-based, at-fault drivers generally can’t claim CTP compensation for personal injuries.

CTP cover exists to protect drivers from claims by other people, not to provide compensation for those at-fault. However, where there is partial fault, both drivers may be able to lodge a CTP claim, though compensation will be reduced depending on the degree of fault.

Situation What happens
Your own injuries No CTP compensation if you were 100% at fault. At-fault drivers rely on private cover instead: income protection, private health insurance, or total and permanent disability cover through your super. Workers’ compensation may apply if you were driving for work. Medicare covers some treatment costs.
Injuries to the other driver or passengers They can claim against the at-fault vehicle’s CTP insurer, not the driver personally. The CTP insurer handles the claim.
Injuries to your own passengers They can also claim against the CTP insurer, even if they’re friends or family.
Their vehicle damage You’re liable, but third-party property insurance or your comprehensive policy usually covers this. Without it, at-fault drivers may be personally responsible.
Your own vehicle damage Only covered if you have comprehensive insurance.
Shared fault If the other driver also contributed (for example, faulty brake lights or sudden, unnecessary braking), you may still have a claim, but compensation is reduced by your share of the blame.

Fault is not always obvious or straightforward, so seeking the support of a personal injury lawyer can offer advice on whether a partial claim is worth pursuing.

A lawyer’s understanding of possible compensation and liability pathways can help to navigate more complex collision cases, or where fault is disputed.

 

Car Accident CTP Claims

At Claimwise our mission is to help you save money on your legal fees. By starting your CTP claim with a traditional ‘No Win, No Fee’ law firm your total legal fees can end up being $10,000 or more higher than by using us.

If you or someone you know have been injured on the road in Queensland and want to keep your legal costs down, feel free to get in touch with us. If you or someone you know have been injured on the road in Queensland, our Queensland Personal Injury Lawyers can provide guidance on Motor Vehicle Accident Claims.

Be smart, be claim wise.