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Why am I being sued for an accident when I wasn't at fault?

Asked by user in Florida.

I was involved in an accident when the car in front of me slammed on her brakes and I rear-ended her. I wasn't on my phone, it just caught me by surprise.

Answered by Enjuris Editors:

I’m sorry this happened to you.

In most rear-end accidents, the rear driver is at fault for following too closely or not leaving enough room to stop safely (Florida Statute 316.0895).

Regardless, just because someone filed a lawsuit against you doesn’t mean you’re at fault for the accident. You will have an opportunity to respond to the lawsuit and plead your case in court. In the meantime, be sure and inform your insurance company that you’re being sued and that you didn’t cause the accident. Your insurance company has a duty to defend you in court.

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