The answer to this question is a bit complex, as Florida is a “no-fault” insurance state. This means that if you are rear-ended, even due to no fault of your own, your insurance will be responsible for covering your injuries and damage – at least up to the limits of your policy. If you’ve suffered permanent serious injuries exceeding the value of your coverage, you can then file a claim against the at-fault driver. The driver who rear-ended you is almost always presumed to be at fault, although you could be found partially liable in some conditions – if your brake lights weren’t working, for example.