How A Bumper to Bumper Car Accident Happens And Who Is At Fault?

The quality of bumper design systems in cars these days has a direct effect of the severity of the occupants in rear and front end accidents. A high-quality bumper system is designed to absorb the force of the impact by “compressing.” A low-quality bumper system fails this test and the forces of the impact are passed through the vehicle to the occupants. Many cars on the road today have the lesser quality bumper.

Insurance companies who evaluate property damage and personal injury claims as a result of rear-end collisions and front end collisions are adept at minimizing the extent of the presumed damage to occupants if minimal damage is visible on the bumpers following an accident. They have stables of “biomechanical engineers” ready to testify in court. The insurance company experts equate minimal visible damage to a bumper to little or no physical injury to the occupants of the car. This is just a trick, however. It takes common sense, a basic knowledge of physics, and opposing expert testimony to defeat the insurance company experts in this regard.

What Are Common Injuries From Car Accidents?

Rear end car accidents are the most common type of car accidents in Pennsylvania. With the advent of cell phone use in cars and other devices that auto manufacturers continue to place in new models(for example, GPS devices) these type of car accidents will continue to rise.

The most common injury in a car accident associated with a rear-end collision is a whiplash injury. This neck injury can often occur in a rear-end crash situation as the bumper-to-bumper impact can cause a driver’s neck to jolt backward and forward.

Federal vehicle safety standards regarding bumpers go back to 1978. The standards were not intended to reduce potential injuries to occupants. Rather, the standards were designed to protect the vehicles. Lower speed impacts frequently result in minimal deformation of plastic/polyurethane bumper parts. However, this results in a greater proportion of force directed to the occupants of the vehicles.

Should I go to the Doctor after a Car Accident?

If you were in any way injured in the accident, you should be evaluated by your doctor as soon as you can. It is important to any personal injury case that a physician has detailed your recent injuries and started you on a treatment regimen.

Does Medical Insurance Cover Car Accident Injuries?

Yes, medical insurance does cover injuries from car accidents, but under what circumstances and how is contingent upon a number of variables: your automobile insurance policy, your state’s legislation, and the terms of your medical insurance plan.

What To Do If You Have a Bumper-to-Bumper Car Accident?

If you’re involved in a bumper-to-bumper collision, call the police. For insurance and legal purposes, you must file a police report. Be willing to cooperate with the police, but do not accept fault until you’ve consulted with a lawyer. Exchange contact information with the other driver, including:

• Name
• Address
• Phone number
• License plate number

If there are witnesses, collect their names and contact information as well.

After calling 911 or the local police, try and move your vehicle out of the way of further traffic, assuming there are no injuries and you are able to move your car.

It is also important to document the scene of the accident and any damage to the vehicles. Use your smartphone to photograph the crash scene and collect witness information. Taking photos of the scene of the accident, road conditions,signage, involved vehicles and injuries can be helpful if you are trying to show a lack of fault and need corroborating evidence. You should also be cautious answering questions like “are you OK?” as another party may use that against you in your claim.

Depending on the state where the accident took place, you may need to file a report with the local DMV. This usually depends on the amount of damage done to the involved vehicles but check with the DMV to confirm if you need to do so. Lastly, it’s critical to file a claim with your insurance agency as quickly as possible following the accident.

Insurance companies may try to minimize the accident by using expert reports that claim a low-speed impact causes no injury. These claims often misrepresent Newton’s Second Law of Motion, which states:

• Force equals mass times acceleration
• The more mass involved, the greater the resulting force.

A larger car striking a smaller one will cause greater force and potentially more injury to occupants. Plastic bumpers and low-speed impacts do not eliminate the transfer of force; energy still moves through the vehicle and into the body. Newton’s laws are basic physics and support the fact that impact causes possible injury.

Does a Car Accident Affect My Warranty?

Many times, when buying a car, there will be a parts and service warranty attached to it for a specified mileage. Although this warranty covers replacing parts due to a vehicle fault or normal wear and tear, that likely does not extend to damage sustained in an accident. For example, if as eat belt stops working during normal use, most warranties would cover replacement or repair of the seat belt. However, that warranty would not extend to a seat belt broken during an accident.

For the most part, this same logic applies to other parts of the vehicle that may be damaged in an accident. Typically, automotive warranties don’t extend to the exterior body panels of a car,nor would they cover interior repairs stemming from an accident. If the car is extremely damaged to the point of being declared a total loss, or if you were given a salvage title for the vehicle, then the entire warranty is voided.

How Long After a Car Accident Can You Claim Injury?

Additionally, even in cases where you do not have any visible symptoms right after the accident, you should seek medical attention as soon as possible. In instances of low-speed or bumper-to-bumper accidents, it is possible to have injuries that do not appear until after some time has passed. However, if you wait to see the doctor, that will hurt your claim. Once an injury is diagnosed, it is much easier to prove the injury is associated with the accident and that is important to build a strong case.

In most states, you may only make a claim for injury after a car accident within a certain time limitation known as a statute of limitations. In Pennsylvania, the statue of limitations for car accidents is two years from the date of the accident. Timing is everything. If you fail to file your claim before the time expires, you may lose your right to sue for damages altogether.

What Happens if You’re at Fault in a Car Accident?

Determining fault in a car accident isn’t always straightforward; it can vary based on the situation and location of the crash. In crowded areas like parking lots, multiple parties may share responsibility for the accident. In other situations, fault is more clear—for example:

• If you’re texting while driving on the freeway
• Traffic slows suddenly
• You react too late and rear-end the car in front of you
• Here, you would be the guilty driver for distracted driving

A majority of states have a “fault” system in which:

• The responsible driver is monetarily liable
• They pay for the other party’s medical expenses, pain and suffering, car repairs, and lost income

Drivers in “no-fault” states, such as PA, are required to maintain Personal Injury Protection (PIP) insurance:

• This policy pays for medical costs and other damages, regardless of fault
• Yet, PIP won’t generally pay for vehicle damage

Even in no-fault states, you might still be liable for paying:

• Vehicle damage, normally paid for by the at-fault motorist’s policy
• Increased insurance costs if your carrier pays for damage
• Pennsylvania is a “no-fault” state where motorists must have PIP coverage

If you are determined to be at fault for injuries, the other person might:

• Sue you for a personal injury
• Your liability coverage will apply, but only up to the policy limit

For example:

• If your liability coverage is $50,000
• And you’re sued for $300,000
• You could be personally liable for the remaining $250,000.

Will my Insurance go up with a 50/50 Claim?

If you are in an accident where each driver involved is equally responsible for the accident (also known as a 50/50 claim), there is a good chance that your insurance rates will increase. Although each insurance carrier has different policies regarding 50/50 fault claims, any incident that you were a part of is rated during your policy renewal. The rating factors and standards that they use to determine insurance premiums change often, but generally it depends on the number of incidents you have been involved in, as well as the dollar amount claimed in damages. Check with your individual insurance carrier if you’re unsure of their policy regarding rate increases from 50/50 fault accidents.

If you were involved in a bumper-to-bumper car accident and have questions, give Carpey Law a call.