You can put a claim in, but it will likely be denied as you rear-ended her; the law expects a reasonable driver to maintain his distance from other cars on the roadway. Don't be surprised if she doesn't begin a claim against you.
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As the following driver you had an obligation to not rear-end the vehicle, but, the lack of back lights could play a role in whether or not you are responsible or can claim that the other party was at fault. You would need to show that the lack of lights caused the collision and even then it would be an "uphill" battle.Ask a similar question
Report it to your insurance company and they'll handle it. You both likely will be found partially at fault. Her license status had nothing to do with the collision. The brake lights are an issue but you still had the duty to come to a safe stop without hitting her. Good luckAsk a similar question
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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Simply report the accident to your insurance company to resolve.
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You can certainly put in a claim. Odds are that the respective insurance companies will find a degree of fault with the other driver as well as yourself. It certainly does not hurt to put in a claim with both insurance companies. That being said, the fact that you rear-ended the other driver does put you at a disadvantage. Good luck.Ask a similar question