Negotiating a settlement after a rear-end collision in California can be a complex undertaking. Insurance companies have obligations to shareholders above policyholders, and even your own insurance company will do all they can to pay as little as possible – or nothing at all.

Having a team on your side, to keep your best interests, medical needs, recovery costs, and damages in mind is an important step in making sure you’re treated fairly by all parties involved. That’s where the Levinson Law Group comes in. We will handle the negotiation, investigation, and all aspects pertaining to your case – ensuring you have the time to heal and recover.

How Much is the Average Rear-End Accident Settlement in California?

How much compensation you get for a car accident settlement in California varies based on the unique circumstances of each situation and the severity of your injuries. Based on our own settlement data shared below, the average car accident settlement is between $15,000 to $2,750,000.

Recent California Rear-End Collision Settlement Examples from Levinson Law Group

$2,750,000 – Rear-Ended on Motorcycle Near San Diego

Our client was riding his motorcycle on the freeway in San Diego when he was rear-ended by another vehicle. The accident resulted in significant injuries, including trauma to his lower back, knee, and elbow. Given the nature of his injuries, comprehensive treatment and rehabilitation were required. The initial offer from the insurance company was $15,400, a gross underestimation of the medical expenses and the long-term impact of the injuries. Through persistent negotiation and presenting substantial medical documentation and expert testimony, our motorcycle accident lawyer secured a settlement of $2,750,000 in January 2024, adequately covering the medical bills and providing compensation for pain and suffering.

$750,000 – Rear-Ended by Truck in Anaheim

Our client was entering the freeway in Anaheim when a truck rear-ended his vehicle. The truck collision caused a concussion, as well as neck, back, and shoulder injuries. Our client underwent chiropractic rehabilitation and received injections to manage his pain and facilitate recovery. The insurance company’s initial offer was $75,000, which was insufficient considering the extent of his injuries and the treatment required. After thorough negotiations and providing extensive medical records and evidence of the accident’s impact on our client’s life, we secured a settlement of $750,000 in October 2023.

$15,000 – Rear-Ended on Freeway in San Diego

Our client was driving on the freeway in San Diego when he was rear-ended by another vehicle, causing his car to spin out of control. The accident resulted in shoulder and back injuries. We were able to negotiate a $15,000 settlement for our client. This settlement was finalized on March 21, 2024 by one of our top-rated car accident attorneys.

What Factors Can Impact Your Settlement Amount After a Rear-End Accident in California?

Several factors can impact your settlement amount after a rear-end accident in California. From fault, injury severity, and medical bills, to lost wages and insurance coverage – there are a lot of variables to research and present when negotiating a settlement. While this is not an exhaustive list – here are some key elements that could impact your settlement amount:

Severity of Injuries:

• This is a major factor. More serious injuries requiring extensive medical treatment, rehabilitation, and long-term impacts will lead to higher settlements.

Economic Damages:

• These are the quantifiable costs associated with the accident, including:
  • Medical bills (past, present, and future)
  • Lost wages due to missed work
  • Property damage (car repairs or replacement)

Non-Economic Damages (Pain and Suffering):

• These are the intangible losses resulting from the accident, like:
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium (impact on relationships)

Shared Fault:

• California follows a comparative negligence system. If you’re found partially at fault, your settlement amount will be reduced by your percentage of fault.

Liability:

• A strong case for the other driver being entirely at fault strengthens your negotiation position.

Insurance Coverage:

• The at-fault driver’s insurance policy limits will cap the settlement amount they can offer.

Legal Representation:

• Having a lawyer can have a big impact on the amount of your settlement. Generally, cases that are negotiated by an experienced personal injury lawyer achieve higher settlements. Our team is here to help as we investigate your case, gather evidence, and negotiate aggressively with the insurance company in an effort to maximize your compensation.

Documentation:

• Keeping detailed records of medical bills, lost wages, repair estimates, and any other accident-related expenses strengthens your claim and helps our team ensure all costs are factored into our negotiations.

Timely Medical Treatment:

• Seeking medical attention promptly after the accident establishes a clear connection between your injuries and the accident. We encourage everyone involved to see a doctor after an accident, even if they don’t think they’ve been hurt.

Settlement vs. Going to Trial:

• Settlements are typically faster and less expensive than going to trial. However, a trial may be necessary if negotiations with the insurance company stall, or they insist on a low offer that won’t cover your costs incurred or future needs.

Pre-Existing Conditions:

• The insurance company might try to argue your pre-existing injuries contributed to your current condition, potentially lowering your settlement.

It’s important to remember that every case is unique. Consulting with a personal injury lawyer familiar with California law is the best way to understand the specific factors that might affect your settlement amount and ensure you receive fair compensation.

Can You Get Compensation for Pain and Suffering After a Rear Accident Injury in California?

You absolutely can get compensation for pain and suffering after a rear-end accident injury in California. Pain and suffering are considered non-economic damages in a personal injury lawsuit, which means they cover the intangible aspects of your injury, like physical discomfort, emotional distress, and loss of enjoyment of life.

California doesn’t have a set amount for pain and suffering awards. Instead, attorneys often use a “multiplier” method to estimate a value. This involves taking the total amount of your economic damages (medical bills, lost wages) and multiplying it by a number between 1.5 and 4. The specific number used depends on the severity of your injuries and the impact on your life.

There is no cap on pain and suffering damages in most California personal injury claims. So, depending on the severity of your case, the compensation you receive could be significant.

Here are some factors that can influence the amount of compensation you receive for pain and suffering:

• The severity of your injuries: More serious injuries, especially those with long-term consequences, will typically result in higher pain and suffering awards.
• The amount of medical treatment you require: Extensive medical bills can be an indicator of the pain you’ve endured and may justify a higher award.
• The impact on your daily life: If your injuries limit your ability to work, participate in hobbies, or spend time with loved ones, this can strengthen your pain and suffering claim.
• The presence of emotional distress: Anxiety, depression, and PTSD are all common after car accidents and can be included in your pain and suffering damages.

If you’ve been injured in a rear-end collision in California, it’s important to consult with a personal injury attorney to discuss your options and get a better idea of what your pain and suffering claim might be worth.

Fault and Your California Rear-End Accident Settlement

In California rear-end accidents, the driver who rear-ended another car is typically presumed at fault for not maintaining a safe distance. However, the state uses a pure comparative negligence system – which is fairly unique and only a handful of states in the US use this system. This means both drivers can share blame based on their actions. The percentage of fault you receive directly affects your settlement amount from insurance companies.

So, if you were clearly rear-ended at a stoplight with little to no fault, you’d receive a much higher settlement than if you were found partially responsible for the accident. Unlike other comparative negligence states, you can be 99% at fault, and still recover 1% of your settlement. Most states that observe comparative negligence have a cap at approximately 50% of fault.

This fault system can be confusing – so we created an example of how pure comparative negligence might impact a settlement

Here’s an example where you’re not at fault:

• Let’s say you are rear-ended at a stoplight. The police report and witness statements clearly show the other driver was following too closely and wasn’t paying attention. You suffer injuries requiring medical bills and lost wages.
• In this scenario, you’d likely be assigned very little fault (5%) while the other driver would be assigned most of the fault, (95%).
• If the settlement from the at-fault driver’s insurance company were $100,000 – your settlement amount would be $95,000 instead of the $100,000.

Because fault has such a strong bearing on the amount of settlement you may be entitled to – ensuring there is a police report for your accident is a major step in establishing the correct “fault” is assigned.

What Steps Can I Take After a Rear-End Accident to Ensure My Settlement Is Adequate?

Here are some steps you can take after a rear-end accident in California to ensure your settlement is adequate:

1. Seek Medical Attention: This is the top priority. Even if you feel okay initially, injuries can manifest later. Getting a medical evaluation creates a record of your injuries and supports any future claims.
2. Document Everything: Take pictures of the accident scene (damage to vehicles, skid marks, traffic signals), your injuries (if visible), and anything else relevant. Note down the date, time, weather conditions, and details of the accident. Gather witness information if possible.
3. File a Police Report: Having a police report with an officer’s assessment of the scene strengthens your case, especially if they assign fault to the other driver.
4. Contact Us: Our personal injury attorneys specialize in car accident claims and understand California’s fault laws. We can investigate the accident, negotiate with insurance companies, and ensure you receive a fair settlement that covers all your damages (medical bills, lost wages, pain and suffering).
5. Keep Records: Maintain detailed records of all medical bills, lost wages, car repair estimates, and any other accident-related expenses.
6. Be Honest and Transparent: Provide truthful information to your attorney and insurance company, but avoid embellishing your injuries.

Our team will help – you are not alone. We can assist with every step of the process, but helping yourself by ensuring you have good records from the start can help all of us achieve a favorable outcome for you.

Why Choose the Levinson Law Firm to Handle Negotiations for Your California Rear End Accident Settlement?

Unlike many personal injury firms, we specialize exclusively in vehicle collision cases. Our attorneys are leaders in the field, adept at handling every stage – from initial scene investigation to courtroom battles and, if necessary, appeals.

What truly sets us apart? Our founder, Gordon Levinson, spent years representing major North American insurance companies. Now, he leverages that insider perspective to fight for the rights of those injured by those same big insurance firms.

Whether you’ve been involved in a rear-end accident in a Carlsbad parking lot or were injured from getting rear-ended on one of our San Diego freeways, we have the expertise and know-how to get you the maximum compensation you are entitled to.

Let our experience, unique knowledge, and dedication work for you.

Contact us today for a 100% free consultation.