A rear-end collision is one of the unforeseen events that can occur while driving a vehicle: here’s how to behave and what to do in the unfortunate event.
Driving a vehicle requires a lot of attention: you must be ready to respect road signs, any dangers and manage your driving style based on the conditions of the car and the climate. It can happen to be involved – as victims or cause – of a rear-end collision between vehicles precisely because the level of attention has failed or we were not prompt in avoiding the collision.
What is a rear-end collision?
We can talk about a rear-end collision when a vehicle receives a rear impact , so it is not appropriate to use the term to define all the other types of crashes that can occur while driving a car.
The rear-end collision between two or more vehicles is caused, in most cases, by the failure to comply with the provisions concerning the safety distance. This type of violation results in the attribution of responsibility, almost immediately, to the person driving the colliding vehicle.
What does a rear-end collision entail?
The rear-end collision is governed by Article 149 of the Highway Code (Safety distance between vehicles). The article from paragraph 1 clarifies the behavior to be followed while driving a car.
While traveling, the vehicles must keep a safety distance from the car in front of such a way that timely stopping is guaranteed in any case and collisions with the cars in front are avoided.
Who causes the rear-end collision is always wrong?
There is an apparent violation of the Code in a rear-end collision by the person driving the colliding vehicle. The person who caused the crash, having violated Article 149 of the CDs, will be subject to an administrative penalty and pay a sum between 41 and 168 euros.
If the non-fulfillment of the rule has caused a collision from which the vehicles involved have suffered severe damage – which can raise doubts about the safety conditions for circulation – they will have to be subjected to a single inspection and the driver will have to pay a fine between € 84 and € 335.
The rear-end collision that generates severe injuries to people (in addition to damage to property) provides for an administrative sanction for the driver between € 419 and € 1,682, except for the application of criminal penalties for crimes of negligent injury or manslaughter.
How many driving license points are deducted?
Not observing the safety distance, an element from which a simple rear-end collision can arise, will make you lose 3 points from your license if the crash has caused minor damage to things. The points deducted will become 5 in cases where the damage caused to items will be severe. Finally, in the most severe case, or when the collision generates injuries to people, the points subtracted from your license will be as many as 8.
Is it possible that the license may be suspended due to a rear-end collision?
The driving license will be suspended from one to three months for the motorist who is two years has violated the safety distance at least twice and caused a rear-end collision.
Things get complicated if the rear-end collision causes serious injury to people, whether they are drivers or passengers of other cars. If the accident causes personal damage through negligence, by law, a driving license suspension is foreseen from fifteen days to three months. When the fact results in a severe or severe personal injury, the rest of the driving license is up to two years. In the case of manslaughter, the suspension is up to four years.
Suppose the rear-end collision – generated by a motorist under the influence of drugs and in a state of intoxication – has caused a severe / very serious personal injury or victim. In that case, the judge will apply the revocation of the license.
What to do if you are involved in a rear-end collision
When we are victims of a rear-end collision, concerns arise for the vehicle and the occupants of the passenger compartment after the fright. Keep calm and regain clarity, which is necessary to resolve the matter quickly, but without making mistakes.
In minor damage to the vehicle, it is advisable to sign a double signature amicable statement . The operation requires the compilation of the CAI Model , provided by your insurance company or downloadable from the internet. The model must be completed in all its parts and paying close attention to the data entered and the signing of both drivers.
In the presence of a rear-end collision , therefore, it is necessary to fill in two forms with damage to both the rear and front of the vehicle. One needed to resolve the issue with the car in front, the other with the car that hit you. In the presence of more complex rear-end collisions, perhaps in which several vehicles are involved or there is no agreement between the parties involved, it is advisable to request the intervention of the authorities who will record the declarations.
In the following days – as soon as possible to start the “insurance machine” – you must report the accident to your mortgage broker insurance company and submit the claim for damages. The company, in the presence of a complete request of all information, is required to respond with a compensation offer:
- within 30 days , in case of damage to the vehicle and property and with a CAI form signed by both drivers of the cars;
- within 60 days, in the presence of damage to vehicles and things but with a CAI model signed only by one of the motorists involved in the rear-end collision;
- within 90 days, if the rear-end collision caused damage to the driver and people.
Once the proposal has been received from the company, the vehicle will have to be brought to the body shop for the required repairs. As reported by a direct testimony, the fastest and most useful method is to rely on affiliated body shops . Each insurance company has its own, easily traceable, which will repair the vehicle and be paid for directly by the company. Otherwise, the insured may request the company to use a non-affiliated body shop, but this request may be refused.
The rear-end collision can cause minor injuries and pain may be felt a few hours after the incident. These injuries can be ascertained by the doctors of the nearest emergency room through appropriate checks. The structure will issue a report to the injured person, reporting the days of prognosis and the treatment to undergo. Physical damage can be determined through a medical procedure that will allow you to request total compensation for damages. Clinical investigations must document all bodily injuries, even the most common “whiplash”.
What to do in the event of an accident
What should be done if a rear-end collision causes serious harm to people? Stop immediately, ascertain the conditions of the injured persons, wait for help and the police for the usual reliefs. It does not matter who is “to blame” for the rear-end collision, from which other complications may have been generated. According to the Supreme Court, anyone who does not allow their identification (if involved in the accident) can be subject to a report for escape from the place of the accident.
Attention, the stop of the subject must last the time necessary to start the first investigation activities. So, if you have caused or are the victim of even a slight rear-end collision, you are obliged to stop and eventually call for help and the traffic police. The violation of the law can be punished with a prison term of between six months and three years, better not to risk it.
Chain tamponade: who pays the damages?
The rear-end collision is one of the most frequent situations. It can occur on both city streets and high-speed roads. In this case, it is impossible to proceed with direct compensation, but the damage must be requested from the vehicle’s insurance company responsible for the accident.
In a situation of rear-end collision, also for reasons related to the agitation, it can be problematic to identify the person responsible for the accident. Before compiling the CAI forms, a distinction must be made between rear-end collision between vehicles stopped in the queue and between cars in motion .
- When the rear-end collision occurs between stationary vehicles , perhaps for traffic reasons or simply at a red light, the only person responsible for the accident is the driver who generated the first collision from which the subsequent rear-end collisions ensued. Ultimately, the claims for damages will all be forwarded to the driver’s insurance company that generated the first rear-end collision.
- Suppose the rear-end collision occurs between moving vehicles , perhaps due to an immediate decentralization of one of the vehicles. In that case, the basic principle applies according to which the driver of the last car is responsible for the damage caused to the moving vehicle which, in turn, it is responsible for the collision of the car in front of it. In practice, there is more than a failure to observe the safety distance concerning the vehicle in front. If you provide a release proof that you have done everything possible to avoid the rear-end collision, even if in motion, the second / third vehicle will not be responsible for the damage caused.
What happens if I suffer two rear-end collisions within a short period?
Anything can happen on the road, even if you are the victim of two or more rear-end collisions in a concise time, perhaps reporting the same damage to the vehicle. At first glance, the situation could generate a misunderstanding between the insured and the company; the scam is always lurking, so we advise you to make the most of direct compensation .
The procedure will allow you to be liquidated in a short time , repair the vehicle quickly, and take advantage of a “greater credibility” towards the company. Remember that the claim for damages with direct compensation is not applicable with road accidents involving multiple vehicles (for example, a rear-end collision).
Car sharing infill
Car sharing has revolutionized, at least in the big cities, the mobility . Even in car-sharing you can cause or be the victim of a rear-end collision. How should we behave in these cases? The first thing to do is to report, through the call center, the incident to the company with which you have signed the car-sharing agreement (operation done at the time of online registration to the portal) and then fill in the CAI form or request the intervention of the police for the most serious cases. Finally, forward the documentation to the car-sharing company.
If you have caused a rear-end collision with this type of car, your merit class will not undergo any changes, but the company with which the car was insured may request the damage caused to other vehicles or people.