Can we file a claim on the other driver's insurance for the damage to my daughter's car?

When your daughter took her attention from the road ahead, she became responsible for the accident. So, the answer is NO.

You can try filing a claim against the other driver's insurance company but it likely they are going to deny the claim. The other driver or his/her insurance company will also likely assert a claim against your daughter's car insurance company for damage to the other driver's vehicle. The reason why the accident may be your daughter's fault is that she "glanced" away and did not see the vehicle in front of her slowing and stopping. Had your daughter been looking she should have seen the other driver doing this and caused her vehicle to also stop suddenly to avoid an accident. While there are a couple of narrow exceptions, in most rear-end accident the rear driver is at-fault. This is because they cannot travel at a speed faster than is appropriate, must keep a proper lookout and must keep enough distance from the vehicle in front of him or her to make sudden stops if necessary. You might want to talk to an attorney about the case. There may be additional facts not set forth in the information you provided that may increase your daughter's chances of winning the claim. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.

You can but you will likely lose the case. you say she took her eyes off the traffic to look at thre side of the road. She would be deemed guilty of failing to keep a good and proper lookout and failing to keep her vehicle under proper control. In short she would be at fault, in whole or in part. And in either event she loses.

Maybe not if it's your daughter's fault. Is there a police report.`

In Michigan, your insurance company is responsible for damage to your car. If there is a deductible, you can recover up to $500 of that deductible from the driver of the other car if at fault.

You can file, but you will not prevail since the other car was rear-ended.

No. It is your daughter's fault. She was inattentive and negligent. She rearended the other vehicle which did nothing wrong.

Unfortunately, due to something called the "Following Car Doctrine," which places a large part of the responsibility of avoiding collisions on following drivers, it is not likely that you would prevail in bringing a claim against the other driver's insurance.

In Florida, there is a rebuttable presumption that the rear driver is at fault, not the front driver. Contrary to public opinion, it is not the officer's fault to determine who caused the accident, but if someone violated a statute. If he didn't think he could prove your daughter violated a statute, then he would not have charged her.