Rear-Ended & Not At Fault — Why You Should Speak With a California Car Accident Lawyer Immediately After A Crash

If you were rear-ended and are not at fault in California, you should speak with a car accident lawyer immediately because insurance companies still dispute injuries, delay claims, and underpay rear-end accident victims every day.

Many people assume that being rear-ended automatically guarantees a fair settlement. Unfortunately, that assumption often costs injured victims thousands — sometimes hundreds of thousands — of dollars.

Rear-end collisions may look “simple,” but they regularly lead to:

• Serious neck, back, and spinal injuries

• Traumatic brain injuries

• Long-term pain and disability

• Aggressive insurance pushback

At The Law Offices Of Gerald L. Marcus, our car accident lawyers regularly represent Californians who were rear-ended, clearly not at fault, yet still faced delayed, denied, or undervalued claims.

Rear-End Accidents Are the Most Common — and Most Underestimated — Crashes in California

California’s congested roads make rear-end collisions incredibly common. Freeways, surface streets, and stop-and-go traffic create perfect conditions for distracted and tailgating drivers.

Yet despite how common they are, rear-end crashes are often treated casually by insurers, even when injuries are serious.

Why?

Because insurance companies assume:

• The crash was “minor”

• The injuries are exaggerated

• The victim will settle quickly

That assumption works against you, not for you.

Who Is at Fault in a Rear-End Accident in California?

In most rear-end crashes, the rear driver is presumed at fault under California law. Drivers are required to:

• Maintain a safe following distance

• Control their speed

• Pay attention to traffic conditions

When a driver hits another vehicle from behind, it usually means they failed to do one of those things.

However, “presumed fault” does not stop insurance companies from fighting claims.

Common Insurance Tactics After a Rear-End Crash

Even when liability seems obvious, insurers frequently try to reduce or avoid paying full compensation.

Common tactics include:

• Claiming the injuries were “pre-existing”

• Arguing the crash was too minor to cause injury

• Delaying the investigation

• Requesting unnecessary documentation

• Pressuring victims into early settlements

• Asking for recorded statements

🚨 Speaking to a lawyer early helps shut these tactics down.

Why Rear-End Injuries Are Often Serious

Rear-end collisions cause a sudden, violent force that snaps the body forward and back.

Common injuries include:

• Whiplash

• Herniated and bulging discs

• Neck and back injuries

• Shoulder injuries

• Concussions and mild traumatic brain injuries

• Nerve damage

Many of these injuries:

• Do not appear immediately

• Worsen over time

• Require ongoing treatment

Insurance companies often use delayed symptoms as an excuse to deny claims.

What to Do Immediately After Being Rear-Ended in California

What you do after the crash can directly affect the value of your claim.

Step 1: Get Medical Treatment Immediately

Even if you feel “okay,” get checked.

• Go to the ER, urgent care, or your doctor

• Follow all treatment recommendations

• Attend follow-up appointments

Medical documentation is critical in rear-end cases.

Step 2: Call the Police

A police report helps establish:

• Who was involved

• Where the crash occurred

• Initial fault assessment

Always request a report when injuries are involved.

Step 3: Document the Scene

If you can, take photos of:

• Vehicle damage

• License plates

• Road conditions

• Traffic flow

• Visible injuries

Rear-end damage helps show force and injury potential.

Step 4: Do NOT Give a Recorded Statement

The at-fault driver’s insurance company may call quickly.

Do not:

• Give recorded statements

• Speculate about injuries

• Accept early settlement offers

They are building a case against you.

Step 5: Speak With a California Car Accident Lawyer Immediately

This is the step many people skip — and regret later.

📞 Call 818-784-8544 as soon as possible.

Why Speaking With a Lawyer Immediately Matters

Rear-end cases may look simple, but early legal involvement makes a major difference.

A lawyer can:

• Preserve evidence

• Control communication with insurers

• Ensure proper medical documentation

• Prevent damaging statements

• Accurately value your claim

• Push back against insurance delay tactics

Waiting allows the insurance company to shape the narrative first.

California Comparative Fault — Even When You’re Rear-Ended

California uses pure comparative negligence.

This means insurers may still try to argue:

• You stopped suddenly

• You had pre-existing injuries

Even small percentages of fault reduce compensation.

A lawyer’s job is to eliminate or minimize these arguments.

What Compensation Can You Recover After a Rear-End Accident?

Depending on your injuries, compensation may include:

Economic Damages

• Medical bills (past and future)

• Physical therapy

• Prescription costs

• Lost wages

• Loss of earning capacity

Non-Economic Damages

• Pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Long-term disability

Rear-end cases involving neck or spine injuries can be far more valuable than insurers initially claim.

Why Insurance Companies Push Quick Settlements

Early settlement offers are rarely fair.

Insurance companies offer quick money because:

• Injuries may worsen

• Medical bills may increase

• Claim value may rise significantly

Once you accept a settlement, you cannot go back for more.

Why Choose The Law Offices Of Gerald L. Marcus

Rear-end accident victims across California choose The Law Offices Of Gerald L. Marcus because experience and preparation matter.

What sets our firm apart:

• Decades of experience handling car accident cases

• Proven results in serious injury claims

• Trial-ready strategy — insurers know we don’t bluff

• Plaintiff-only representation

• Direct communication and personal attention

We don’t treat rear-end crashes as “minor.” We treat them seriously — because your injuries are serious.

How We Help Rear-End Accident Victims

Our firm handles everything so you can focus on recovery:

• Investigating the crash

• Securing medical documentation

• Communicating with insurers

• Valuing the claim properly

• Negotiating aggressively

• Filing a lawsuit if necessary

📞 Call 818-784-8544 to protect your case.

How Long Do You Have to File a Claim in California?

Most rear-end accident claims must be filed within two years of the crash.

⚠️ Shorter deadlines may apply if:

• A government vehicle was involved

Waiting risks losing your right to compensation.

Common Mistakes Rear-End Victims Make

• Waiting to see a doctor

• Assuming fault equals payment

• Talking to insurance adjusters alone

• Accepting early settlement offers

• Failing to document injuries

Avoiding these mistakes protects your claim.

Frequently Asked Questions (FAQs)

If I was rear-ended, am I automatically entitled to compensation?

Usually, but insurance companies still challenge claims. Proof and documentation matter.

What if my car damage looks minor?

Minor vehicle damage does not mean minor injuries.

Do I really need a lawyer for a rear-end crash?

If you suffered injuries, legal representation greatly increases your chance of fair compensation.

Do I pay anything upfront?

No. You pay nothing unless compensation is recovered.

The Bottom Line

Being rear-ended and not at fault does not guarantee fair treatment by insurance companies.

The sooner you speak with a California car accident lawyer, the stronger your position — medically, legally, and financially.

Call The Law Offices Of Gerald L. Marcus Right Now

If you were rear-ended anywhere in California, do not wait.

📞 Call 818-784-8544 now for a free consultation

• No upfront fees

• Aggressive representation

• Serious focus on serious injuries

The insurance company already has a plan.
Make sure you have one too.