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What is the Florida law for a rear-end collision?
I was rear-ended in Tampa. The driver who hit me says it was my fault because I was stopped in the road, but I was just waiting for a jaywalker to cross the street. In Florida, who is at fault for a rear-end collision?
Eric Schad · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
The Florida law for a rear-end collision adheres to rebuttable presumption. This means that unless an eyewitness or some other form of evidence is available, the law presumes that the driver who commits the rear-ending is at fault.
Hopefully, you filed a police report to cement your evidence. In your case, the jaywalker is a great eyewitness on your behalf, if necessary.
Still, the burden of proof lies on the other driver, simply because
Florida
law automatically sides with you.Keep in mind: Following the incident, you need to file a claim with your insurance company if you have medical bills or damage to your car totaling more than $500. Florida is a no-fault state, so your insurance covers these bills up to your policy limits.
If your bills exceed your coverage amounts, your insurance company typically goes after the other driver’s insurance company for the remaining balance. However, you may have to file a lawsuit to recoup these losses.
View full answer
- Gregory R.
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