Who is usually at fault
Arizona law says a driver can't follow another vehicle more closely than is reasonable and prudent, given speed, traffic and road conditions (A.R.S. § 28-730). Georgia has the same rule (O.C.G.A. § 40-6-49).
Because of this, the rear driver is often found at fault. But insurers may argue the front car cut in, reversed, or stopped for no reason. Good evidence helps answer those arguments.
Injuries that show up later
Whiplash and other soft tissue injuries are common after being hit from behind. Many people feel stiff or sore a day or two later, not at the scene.
Tell your doctor about every symptom, even small ones like headaches or tingling in your hands. Your medical records are often the most important proof in a rear end claim.
The 3-Point Claim Check
- 1
An injury
You were hurt, even if it didn't seem serious at first.
- 2
Someone else at fault
Another driver or company caused the crash.
- 3
Insurance coverage
There's a policy that may cover what happened.
Chain reaction crashes
When three or more cars are involved, fault can be shared. The driver who started the chain may be responsible for most of it, but a car in the middle may also have been following too closely.
In Arizona, each driver's share of fault reduces what they can recover (A.R.S. § 12-2505). In Georgia, you can only recover if you were less than 50% at fault (O.C.G.A. § 51-12-33).
Evidence that helps
- Photos showing where each car was damaged.
- Dashcam video from your car or a witness.
- Nearby business or traffic cameras. Ask quickly, since footage is often recorded over.
- The police report, including any citation for following too closely.
- Notes on what the other driver said at the scene.
What to do next
See a doctor, keep your bills and track any work you miss. Be careful with early settlement offers. Once you sign a release, you usually can't ask for more if your injury turns out to be worse.
It's free to check your claim, and you don't have to go ahead.