Am I legally liable when he was an unlicensed uninsured intoxicated driver?

Whether he was insured or licensed has no bearing on fault for the accident. His being drunk may have significant impact as to who caused the accident. Generally, the person doing the rear ending is at fault for "driving to close" behind the car in front. However, this generality can be overcome if you can prove you were not at fault. You would need to prove the man was drunk and that as a result of his intoxication, he caused the accident. You need to talk to all witnesses, get a copy of the police report and see if the police made any reference to the alcohol. Gook luck!

If you got a ticket for rear-ending the other car, then you need a lawyer to defend that case. As a side issue, you need to report the facts of the accident to your own auto insurance company and you also need to contact a lawyer. There are too many things to consider for me to spell everything out in an email.

If the other driver was unlicensed, uninsured, and intoxicated, you can still be held liable if your negligence caused his injuries. Look at it from a different perspective, i.e., assume that he was a pedestrian, and that he was falling down drunk and that you negligently drove onto the sidewalk and hit him, it would not matter one whit that he was drunk out of his mind.

His being unlicensed had nothing to do with the cause of the accident. In Florida, the rebuttable presumption is that the rear driver was at fault in causing an accident. This presumption is rebuttable, and if you can offer any proof (i.e., testimony of another witness) that he slammed on his brakes for no good reason (i.e., no dog had run out in front of him) then you can probably put a substantial percentage of comparative fault on him.

You are required to keep your car under proper control at all times. If the person you hit is knee walking drunk, has bad breath , spiked green hair, and is in a space suit you are liable for whatever damage you cause. His problems and peccadilloes and shortcomings have nothing to do with your liability.

It doesnt look good for the home team, especially with the cop faulting you. I view that as a preview of what might happen in court. You see, when you hit someone from the rear, it is presumed you are at fault. However, all is not lost. There is just a presumption you were at fault. You can overcome that presumption with proper evidence of fault of the other driver. The simple fact the man was an unlicensed, uninsured drunk is irrelevant and not, by itself, enough to overcome that presumption. However, your claims of an abrupt stop, coupled with the fact of intoxication, might be enough to prove that the other driver was guilty of contributory negligence. In other words, he was partly at fault. In this state, you cant recover if you are in any way at fault in causing the accident. Hope that helps.

If you were not at fault, you should protest with your insurance company. By contract, however, it probably has the right to pay the claim. You should also try to get a police report and contest it if it states that you were at fault.