Rear-ended in NSW? Here's what you're owed.

Why fault is usually clear in a rear-end

Rear-end collisions are the most common crash type in NSW, and on fault they're the most straightforward. The road rule expectation is simple: every driver should keep enough distance to stop safely if the car in front brakes. When someone runs into the back of you, the presumption is that they were following too closely or not paying attention.

That presumption is strong, which usually puts a rear-ended driver in the best position for a CTP claim — clear fault on the other side opens both statutory benefits and, where the injury is non-threshold, a damages claim.

The exceptions worth knowing

"Almost always" isn't "always." Fault can shift in a few situations:

• Brake-checking or cutting in. A car that swerves in front of you and slams the brakes can carry some or all of the blame.
• Reversing collisions. If the front car reversed into the one behind, the rule flips.
• Chain reactions. If you were pushed into the car ahead, fault usually traces back to whoever started it — not you.
• Faulty brake lights. If the front car's brake lights weren't working, fault can be shared.

These don't come up often, but they're why an admission at the scene isn't the whole story. The claim runs on evidence.

The injuries that come with a rear-end

The mechanics of a rear-end — sudden forward jolt, head and neck whipping back and forth — produce a predictable injury pattern:

• Whiplash — the signature injury, often peaking 24 to 72 hours later. See whiplash claim NSW.
• Upper back and shoulder strains.
• Lower back injuries, including disc problems in heavier impacts. See back injury after a car accident.
• Headaches, often tension-type from the neck.
• Wrist or hand injuries from gripping or bracing on the wheel.

Most are soft-tissue and delayed-onset — which is exactly why feeling "okay" at the scene doesn't mean you weren't hurt. See delayed injury after a car accident.

What the claim covers

With clear fault on the other side, a rear-end injury claim usually opens up:

• Statutory benefits — income support while you can't work, plus treatment and rehab funding, for up to 52 weeks.
• A damages claim — the lump sum at the end, if your injury is non-threshold (for example a disc injury or a lasting impairment rather than simple whiplash).

For straightforward whiplash that settles in a few weeks, the claim is mostly treatment and a bit of lost income. For a serious back injury, it can be a great deal more.

What to do at the scene and after

1. Get the other driver's details — name, rego, licence, contact, insurer if they'll give it.
2. Photograph everything — both vehicles, the position on the road, the damage, anything relevant.
3. Note the location, time and conditions while it's fresh.
4. See a GP if anything aches — same day or next day. Whiplash loves to surface overnight.
5. Get the CTP claim in inside 28 days. See the 28-day rule.

The car is a separate claim

Damage to your car is the property side — run through your comprehensive insurer or the at-fault driver's insurer, not through CTP. We coordinate it alongside the injury claim so the two move together and nothing slips.

What we do for you

One call. We get the CTP claim in fast, set up treatment and income support, deal with the insurer end of things, and build the damages claim if your injury is non-threshold. The car coordination runs alongside. We don't take a contingency cut from your damages.

Take the short check at /check, or call (02) 7238 7379 and a real person picks up.