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Rear End Car Collision

What to Do After Being Rear-Ended 

Adams Cross, LLC  July 22, 2024

If you’ve been involved in a rear-end collision, you know how disorienting, stressful, and even traumatic it can be. After the moment of impact, it can be hard to know exactly what you should do. 

With 30 years of combined experience in personal injury law, we at Adams Cross, LLC, are dedicated to assisting car accident victims in Olathe, Kansas, and throughout Johnson County, Lawrence, Wyandotte County, and the Kansas City Metro area.

Whether you're a resident of Johnson County or the larger Kansas City Metro area, knowing what steps to take can make a significant difference in your physical and financial recovery. In this blog post, we’ll guide you through what to do after being rear-ended to protect both your health and your legal rights.  

Immediate Steps to Take After a Rear-End Accident 

Immediately following a rear-end collision, your actions can significantly impact your health and any potential legal case. Here are some of the most important steps to take after you’ve been rear-ended: 

Move to Safety and Call 911 

First and foremost, check to make sure that you and any passengers are safe. If possible, move your vehicle to a safe location. Call 911 to report the accident and request medical assistance if needed. A police report is essential for any subsequent insurance claims or legal actions. 

Document the Scene 

Use your phone to take pictures of the accident scene, including the damage to all vehicles involved, road conditions, and any visible injuries. Collect contact information from witnesses, as their statements can support your claim. 

Seek Medical Attention 

Even if you feel fine, seek medical attention immediately. Some injuries may not manifest symptoms right away. A medical report will serve as evidence if you decide to file a personal injury claim later. 

Common Injuries and Symptoms After a Rear-End Collision 

Some of the most common injuries after a rear-end crash include:   

  • Whiplash: One of the most common injuries sustained in rear-end collisions, it occurs when the neck is suddenly forced backward and then forward, causing strain on the neck muscles and ligaments.  

  • Back injuries: The sudden impact of a rear-end collision can also cause back injuries, such as herniated discs or spinal cord damage.  

  • Head injuries: Even if you're wearing a seatbelt, your head can still jolt forward and hit the steering wheel or dashboard, leading to concussions or other traumatic brain injuries.  

Recognizing these injuries early and seeking medical attention can prevent long-term complications.  

Reporting the Accident and Insurance Claims

Once you have taken care of immediate concerns, the next step involves reporting the accident and initiating insurance claims. Understanding the correct procedure is key to a smooth process. 

Reporting to the Police 

In Kansas, you are required to report any accident that results in injury, death, or significant property damage. The police report will be an official record of the accident, detailing the circumstances and parties involved. 

Contacting Your Insurance Company 

Notify your insurance company about the accident as soon as possible. Be honest but concise in your description of the event. Stick to the facts and avoid admitting fault, as this can complicate your claim. 

Common Challenges When Filing Insurance Claims

Filing insurance claims after a car accident in Kansas can be a frustrating process. Understanding the common difficulties can help you approach these challenges more effectively for a smoother claims process. Here are some typical issues people encounter: 

1. Determining fault 

  • Disputes over liability: Insurance companies may dispute who is at fault for the accident, making it difficult to settle claims. Gathering comprehensive evidence, such as police reports, witness statements, and photos, can be crucial. 

  • Comparative fault laws: Kansas follows a modified comparative fault rule, meaning if you are found to be 50% or more at fault, you cannot recover damages. 

2. Dealing with insurance companies 

  • Delayed responses: Insurance adjusters may take a long time to respond, delaying your claim's processing. 

  • Low settlement offers: Insurers might offer settlements that are lower than what you deserve. It's important to review these offers carefully and negotiate if necessary. 

3. Documentation challenges 

  • Incomplete paperwork: Missing or incorrect information in your documentation can delay the processing of your claim. Ensure all required forms are completed accurately. 

  • Medical records: Obtaining and submitting all relevant medical records can be time-consuming but is essential for substantiating injury claims. 

4. Understanding policy coverage 

  • Complex policy language: Insurance policies can be difficult to understand due to legal jargon and fine print. If you're unsure about coverage details, consult with a local car accident attorney. 

  • Coverage limits: Your policy may have limits that cap the amount you can recover. Understanding these limits beforehand can set realistic expectations. 

5. Uninsured/underinsured motorists 

  • Lack of coverage: Even though Kansas law requires uninsured motorist coverage, if the other driver lacks sufficient insurance, it can complicate your claim. 

6. Legal and Procedural Issues 

  • Statute of limitations: In Kansas, you have two years from the date of the accident to file a lawsuit. Missing this deadline can bar you from recovering any compensation. 

  • Court procedures: If your case goes to court, understanding the legal procedures and requirements can be overwhelming without professional guidance. 

Dealing With Insurance Adjusters 

When speaking with insurance adjusters, be mindful of what you say. They may try to minimize your claim. Keep your conversation focused on the facts of the accident and your medical treatment. It’s often helpful to consult with a personal injury attorney before providing any recorded statements. When dealing with insurance companies, we recommend the following strategies:  

  • Consult an attorney: An experienced attorney can guide you through the complexities of your claim and advocate on your behalf. 

  • Gather thorough evidence: Document everything related to the accident comprehensively, from medical bills to repair estimates. 

  • Stay persistent: Follow up regularly with insurance adjusters and make sure they are progressing with your claim. 

  • Understand your policy: Familiarize yourself with your insurance policy to know what is covered and what isn't. 

By being aware of these common difficulties and taking proactive steps to address them, you can improve your chances of a successful insurance claim following a car accident in Kansas. 

How a Personal Injury Attorney Can Help

Facing the aftermath of a rear-end collision can be overwhelming. At Adams Cross, LLC, we are committed to helping Kansas residents through every step of the legal process. 

Understanding the Legal Process 

A personal injury attorney will guide you through the legal process, from filing your claim to negotiating settlements or representing you in court. Understanding each step can alleviate stress and help you feel adequately prepared. 

Maximizing Your Compensation 

Attorneys can evaluate your case thoroughly and determine the compensation you deserve. This includes medical expenses, lost wages, pain and suffering, and other damages. They will also handle negotiations with insurance companies to help you receive a fair settlement. 

Providing Peace of Mind 

Knowing that a skilled attorney is handling your case allows you to focus on your recovery. We will keep you informed at every stage, providing transparency and understanding of your case’s progress. 

Having a knowledgeable attorney on your side can significantly improve the outcome of your claim. 

Why Choose Adams Cross, LLC

Choosing the right law firm to represent you is a significant decision. At Adams Cross, LLC, we bring a unique combination of experience, dedication, and a deep commitment to our clients. 

With over 30 years of combined experience, our team has the knowledge and skills to handle even the most complex cases. We pride ourselves on our dedication to each client, offering personalized and compassionate service. 

We are proud to serve residents of Olathe, Johnson County, Lawrence, Wyandotte County, and the Kansas City Metro area. Our roots in the community drive us to provide the best possible representation for our clients, and our commitment to our clients sets us apart as a trusted resource for legal advocacy. 

Contact an Experienced Car Accident Attorney in Olathe, Kansas

Being involved in a rear-end collision can be a stressful experience, but knowing the right steps to take can make all the difference. From understanding common injuries to knowing how to report the accident and make insurance claims, every action you take can impact your recovery and legal case. 

At Adams Cross, LLC, we are here to help you every step of the way. With our experience and dedication, we can guide you through the legal process and help you secure the compensation you deserve. If you or a loved one has been injured in a rear-end collision, don't hesitate to reach out to us for a consultation. We are committed to providing the support and representation you need to move forward with confidence. 

Contact us today to learn more about how we can assist you.