A rear-end collision looks like the easiest case in personal injury law. The other driver hit you from behind; everyone from the responding officer to the adjuster assumes the rear driver was following too closely. And that is exactly why these cases are harder than they look: because liability is rarely worth fighting about, the insurance company puts its entire fight somewhere else, on your injuries.
The fight is causation, not fault
The carrier's playbook in a rear-end case is consistent. The impact was minor. The photos show a bumper, not an injury. The emergency room found nothing broken. The MRI was normal. You had a sore neck before. Whatever pain you have now must be degeneration, age, or exaggeration. Every one of those arguments is aimed at the same target: the causal link between the crash and what your life looks like afterward.
Answering it takes a record, not adjectives: consistent treatment from the first week, physicians who document mechanism and progression, neuropsychological or vestibular testing where the injury is a concussion, and honest witnesses to the before-and-after.
Medical bills do not set the value of your case
$750,000. Our client was rear-ended by a commercial van and left with a permanent post-concussion injury, on under $34,000 in medical bills. The carrier's math said this was a five-figure case. The evidence about what the injury took from our client's work and life said otherwise. If an adjuster is quoting you a “multiplier” of your bills, you are hearing the price of settling cheap, not the value of your claim.
$350,000. A rear-end collision causing a neurological injury with normal brain imaging throughout. See why a normal MRI does not end a concussion claim, and our page on brain injury and post-concussion claims.
Even here, contributory negligence lurks
In D.C., Maryland, and Virginia, any fault on your part can bar recovery entirely. In rear-end cases carriers reach for sudden-stop and brake-check theories, or non-functioning brake lights. They rarely win, but they are one more reason not to give a recorded statement before you have counsel.
How rear-end claims differ in D.C., Maryland, and Virginia
The basic duty is the same everywhere: in Maryland and Virginia, a driver may not follow another vehicle more closely than is reasonable and prudent, given the speed of traffic and the condition of the road (Md. Code, Transp. § 21-310(a); Va. Code § 46.2-816). That rule gives a jury a clear standard to measure the rear driver against. What differs is the clock and the coverage that pays your first bills.
- Filing deadlines. You generally have three years to sue in D.C. (D.C. Code § 12-301(8)) and three years in Maryland (Md. Code, Cts. & Jud. Proc. § 5-101), but only two years in Virginia (Va. Code § 8.01-243(A)). If the rear vehicle belonged to a government, a much shorter notice deadline can apply first.
- The D.C. PIP election. In D.C., you have 60 days after the crash to tell the insurer whether you elect personal injury protection benefits (D.C. Code § 31-2405(a)). Electing PIP limits your right to sue the at-fault driver unless your injury meets a statutory threshold, such as substantial permanent impairment, or your medical expenses or work loss exceed the PIP benefits available (§ 31-2405(b)). That choice should not be made without advice.
- Maryland PIP claims. A Maryland policy may require you to file your PIP claim within a set period, which cannot be shorter than 12 months after the crash, and the insurer must pay within 30 days of satisfactory proof (Md. Code, Ins. § 19-508(a)).
For the state-specific rules, see our pages on Maryland car accident claims and Virginia car accident claims, or start with our car accident overview.
Frequently asked questions
Is the driver who rear-ended me automatically at fault?
Not automatically, but usually. Maryland and Virginia law both forbid following another vehicle more closely than is reasonable and prudent, and a rear impact is strong evidence that rule was broken. Insurers sometimes argue a sudden stop or broken brake lights. Because D.C., Maryland, and Virginia apply contributory negligence, those arguments need a real answer, not a shrug.
The damage to my car was minor. Can I still have a serious injury?
Yes. Vehicle damage does not measure what happened to your neck, spine, or brain, and insurers know it. What proves the injury is consistent treatment from the first week, physicians who document how the crash caused it, and testing suited to the injury, such as neuropsychological or vestibular testing after a concussion.
My MRI was normal. Does that end my concussion claim?
No. Many concussions and post-concussion injuries do not show up on standard brain imaging. These claims are proven through symptoms, clinical testing, treating physicians, and the people who saw how you changed after the crash.
How long do I have to file a lawsuit after a rear-end crash?
Generally three years in D.C. and Maryland, and two years in Virginia (D.C. Code § 12-301(8); Md. Code, Cts. & Jud. Proc. § 5-101; Va. Code § 8.01-243(A)). If a government vehicle hit you, a notice deadline as short as six months can apply first. Do not wait until the deadline is close.
Should I elect PIP benefits after a crash in D.C.?
Get advice first. In D.C. you have 60 days to tell the insurer whether you elect personal injury protection benefits, and electing them limits your right to sue the at-fault driver unless your injury meets a statutory threshold or your medical expenses or work loss exceed the PIP benefits available (D.C. Code § 31-2405). The right choice depends on your injuries and coverage.
Should I give the other driver's insurer a recorded statement?
Not before you talk to a lawyer. You have no obligation to give the other driver's insurer a recorded statement, and adjusters use them to build sudden-stop and prior-injury arguments. Let us handle that communication.
Related reading
- Why a normal MRI does not end a concussion claim
- Spine injury cases in Maryland: proving the invisible injury
- The recorded statement: why the adjuster wants it
- Maryland PIP: the no-fault coverage most crash victims forget
- Contributory negligence in D.C., Maryland, and Virginia
- DMV Injury Guide: focus on treatment first
- DMV Injury Guide: what your case is worth
Talk to a DMV injury lawyer today
Virginia gives you only two years to file suit, and D.C.'s PIP election window closes 60 days after the crash. Call before you sign anything or give the other driver's insurer a recorded statement.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.