Rear End Collision

Rear end collisions can lead to deceptive injuries. Many people walk away from a rear end crash believing the pain will subside quickly and life will go on as normal. But the type of injury often suffered in a hit from behind can persist or intensify over time, interfering with a victim’s ability to work or enjoy hobbies.

If you have been rear ended and are considering filing an insurance claim or a rear end collision lawsuit then there are some questions you may have, such as who is at fault in a rear end collision? Or how much is a rear end accident worth? Between the procedures involved in the no-fault system adopted by both New York and New Jersey and the necessity to prove each element of a personal injury claim, it pays to enlist an experienced and aggressive personal injury attorney.

The Rockland County and Bergen County car accident attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. have been helping car accident victims recover for these types of injury for more than 30 years. We put our experience to work for you, providing knowledgeable analysis of the unique factors involved in your rear end collision to help you obtain maximum compensation.

Rear end accident settlements

Just like in other types of personal injury cases, there are no guaranteed settlement amounts, or even accurate predictors of the average settlement for a rear end collision. It is impossible to state ahead of time how a case will turn out because it depends on many factors. Some factors are unique to rear-enders and others apply in nearly all traffic accident cases.

Factors impacting a rear end collision settlement

KGG attorneys are experienced with the issues that often arise in litigating New York or New Jersey rear end collision injuries. Some of the situations we take into consideration include:

• Liability. Usually, the driver coming from behind is at fault because traffic laws require drivers to maintain a safe distance between their own vehicles and those in front. In New York, even a small share of fault assigned to the lead driver can matter: as of May 26, 2026, a driver found more than 50% at fault for the accident cannot recover non-economic damages, such as pain and suffering.
• Past medical history. A negligent driver is liable for the injuries that his carelessness causes. If the victim suffered from a prior or pre-existing medical condition, the defendant will often claim that the prior condition, and not the recent accident, caused the injuries.
• Economic damages. Accidents that cause greater out-of-pocket losses, including medical bills, lost wages, property damage costs, and other measurable monetary damages, should reach a larger settlement amount.
• Non-economic damages. Damages that do not have a clear monetary substitute, like pain and suffering, emotional damages, humiliation, and loss of consortium, should also increase the settlement amount, so long as the injured party is not found more than 50% at fault. Since these damages do not have clear monetary values on their own, they are typically estimated based on the severity of the accident and the amount of the economic damages.
• Number of parties involved. The more parties involved, the more likely it is that defendants will begin pointing fingers in other directions. This can affect both the liability question and which insurance companies will pay how much of the total damages.

It is important to know the jurisdiction’s laws and the court’s rules, as well as understand the other parties involved, in order to present the strongest case for settlement negotiations or trial. At KGG, we have a stellar record when it comes to dealing with New York and New Jersey insurance companies and we are respected among area and national law firms based on our handling of personal injury claims.

Suffering whiplash injury in rear end collisions

Many people associate rear end accidents with whiplash injuries for good reason. Whiplash is more likely to occur in a rear end crash because a sudden hit from behind can cause a forward-backward movement in the neck and upper back.

This extension (backward motion) and flexion (forward movement) commonly experienced in a rear-ender overstretches the neck. The movement can damage the structure, causing stretching, strains and sprains of the ligaments, muscles and tendons; pinched or inflamed nerves, joint damage, or even breaks in the vertebrae.

In many cases, the injury resolves with minor treatment. In other cases, it causes long-term debilitating pain. If you have suffered a whiplash injury in a car crash, it is important to have a thorough medical evaluation that paints an accurate picture of how long treatment is expected to continue. State laws limit the amount of time car accident victims have to file a claim so it pays to be proactive. KGG personal injury attorneys know how to help you obtain the medical information you need to present a complete claim.

How New York’s 2026 Comparative Fault Rules Affect Your Claim

As of May 26, 2026, New York law bars a plaintiff found more than 50% at fault for a motor vehicle accident from recovering non-economic damages, such as pain and suffering. You may still be able to recover a proportional share of your economic damages, such as medical bills and lost wages, but pain and suffering compensation would not be available. The law also eliminated the “90/180-day” rule, under which a temporary injury lasting at least 90 of the 180 days following an accident could, on its own, qualify as a “serious injury” for purposes of filing a lawsuit. These changes apply to actions commenced on or after that date and affect how much compensation an injured driver can ultimately recover.

Speak with a rear end collision lawyer

If you have been injured in a rear end collision and would like to discuss your options for legal recourse, schedule a consultation with a car accident lawyer in New York and New Jersey. Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. serves clients in and around Rockland County and Bergen County, providing expert legal counsel in your time of need.

We offer a free initial case review and we never take a fee unless we win money for you.

Additional Rear End Collision Resources:

1. NCBI, Whiplash: pathophysiology, diagnosis, treatment, and prognosis, https://www.ncbi.nlm.nih.gov/pubmed/15170609
2. Spine Universe, Whiplash: 5 Things You Should Know, https://www.spineuniverse.com/conditions/whiplash/whiplash-5-things-you-should-know
3. NY State Department of Motor Vehicles, Summary of Motor Vehicle Crashes, Statewide Statistical Summary 2012, http://dmv.ny.gov/sites/default/files/legacy_files/statistics/2012nys.pdf