In Florida, if my car was hit in the back, will the other driver be at fault?

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In Florida, if my car was hit in the back, will the other driver be at fault?

Shortly (5-10 sec maybe) after I changed lane and drove straight ahead, my car’s rear left bumper was hit. The other car was damaged in the right front corner. The girl hit me insisted I cut her off and her insurance refused to pay for the damage of my car. No police involved since she was in a rush and couldn’t wait for the police. She left her insurance and contact but didn’t ask for my info. As I know, she didn’t file claim to my insurance. In some states, the driver in the back is at fault, how is Florida? How much chance I can win the claim?

Asked on June 23, 2009 under Accident Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Without knowing more about the facts, it sounds as if you have a chance to win this.  While there are difference between the states, and I don't practice in Florida, it's ordinarily the driver in the rear who's responsible.  However, the damage pattern is a problem, since it wasn't square-on, but more like the collision happened before you finished your lane change (or if she swerved to the left to try and avoid hitting you but couldn't).

For advice you can rely on, you need to have the detailed facts of the case reviewed by a lawyer in your area. One place to find an attorney is our website, http://attorneypages.com


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