First Steps After a Rear-End Crash and Neck Injury

Attorney Answer

Your position on fault is strong. What will actually decide the value of your claim is what you do about medical documentation over the next several weeks, and whether you sign anything before your neck has settled down.

The rule that carries a rear-end claim is Cal. Veh. Code § 21703: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway." A driver who strikes the vehicle in front has, in the ordinary case, failed to leave the room that section requires. It is not automatic — the standard is what was reasonable and prudent in the circumstances, so a sudden unexplained stop, a car that cut in front of the following driver, or a chain collision pushed from behind can change the picture. But in a plain rear-end, the following driver's distance is the issue.

The general standard is Cal. Civ. Code § 1714(a): "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself." If the other side does try to put some share of the blame on you, California applies pure comparative fault. The California Supreme Court in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978), applied a system that assigns responsibility in proportion to each party's negligence and reduces an injured person's recovery only to the extent their own lack of reasonable care contributed. Partial fault is not a bar.

What you can recover is measured by Cal. Civ. Code § 3333: "For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not." That reaches medical bills, income you actually lost, the damage to your vehicle, and the physical and emotional effect of the injury.

Neck injuries are where claims are most often undercut by the claimant rather than the insurer. Symptoms frequently worsen over days, gaps between appointments are read as evidence the injury was minor, and an early offer usually arrives before anyone knows how the neck is going to behave.

What you can do

1. Get examined by a doctor now if you have not been, and describe every symptom, including headaches, numbness, tingling and sleep problems, not just the neck pain.

2. Follow the treatment plan and keep the appointments. If you stop treating, say why in a message to the provider so the record shows the reason.

3. Keep every bill, record, prescription receipt and out-of-pocket cost, and note mileage to appointments.

4. Report the crash to your own insurer, even though you were not at fault. Most policies require it, and your own coverages may matter if the other driver turns out to be uninsured.

5. Photograph both vehicles before any repair, and request the traffic collision report if an agency responded.

6. Do not give a recorded statement to the other driver's insurer, and do not sign a medical authorization or a release, before a local attorney has reviewed the file.

7. Do not accept a settlement before you know the course of your neck injury. A release ends the claim for symptoms that show up later too.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who practices in your area is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Code Civ. Proc. § 335.1 generally allows two years for a claim for injury or death, and Cal. Code Civ. Proc. § 338(c)(1) generally allows three years for damage to your vehicle, so one part of your claim can close while the other is still open. Where those periods stand depends on your particular facts, including who the responsible party is — a claim against a public entity runs on a much shorter schedule. Have a local attorney review the dates rather than counting from the calendar yourself.