I am wondering how it is determined who is to blame in rear end accident?
The most frequent explanation for rear end collisions is that the rear end driver was not keeping a safe distance, was travelling too fast for road conditions or was distracted or inattentive; therefore, who is to blame in rear end accident is generally assumed to be the rear end driver.
However, this default position does not generally consider the many circumstances that explain why the front driver may be who is to blame in rear end accident, or partly to blame – such as if the car’s brake lights were faulty. For this reason – and because of the high volume of rear end collisions that have led to false compensation claims – insurance companies are now less willing to automatically accept their policy holder’s liability in rear end accident claims.
You should, therefore, still have called the Gardaí and summoned an ambulance to the scene of the accident, even if liability was admitted by the negligent driver there and then. If the Gardaí did not attend the scene, you should make a report of the rear end crash as soon as possible.
Making a report does not determine who is to blame in rear end accident, but the logged report of your call to the Gardaí and your accident report can be used as evidence that your accident did indeed occur if the driver responsible for your injuries contests your claim for rear end compensation.
You would be well advised to seek the assistance of a solicitor who can assess your case and determine whether or not it is worth pursuing. If it is viable, your solicitor would be able to recommend the next appropriate steps to take.