Legal Question in Insurance Law in Florida

If the other driver was negligent causing the damages, he would. if you were negligent too it can be apportioned. The fact that he hit you from behind does not establish the negligence alone.

In most cases, the insurer for the at-fault driver pays. Each driver has the option of going under their own collision coverage, if they have it and prefer to do so but most collision coverage includes a deductible. There is no deductible under the at-fault's property damage liability insurance.