1st off, your friend should notify his/her insurance company immediately! Then the insurance company will eithe pay the claim or defend your friend for free. If your friend did not have insurance at the time of the accident (and) someone was also injured, there license will be suspended. Unfortunately, even winning the traffic ticket case however does not prevent an individual from being sued.
Your friend should notify their insurance carrier. But, the law in florida holds that each person who shares in responsibility for a crash share a percentage of fault. In other words, a jury could find your friend 50 percent at fault and the other driver 50 percent (or some other percentage). There is a presumption that a driver who rear ends another vehicle is at fault thought, but that presumption may be overcome for a number of reasons. Either way, they should notify their insurance company.
If your friend has insurance, then she needs to involve the insurer right away. If not, then she'll have to fight in court, probably. Florida is a comparative fault state, which means that each party in a collision is responsible for his/her own percentage of fault. If she was not 100% at fault, then she should fight.
Your friend should turn this claim over to her automobile liability insurance company and let them handle the matter for her. That is why she pays an insurance premium and her insurance company has an obligation to investigate the matter, defend her and indemnify her against any claim.
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 insure proper advice is received.
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