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When I talked to the insurance they said it was not the guys fault because he did not cause the accident but he would not of hit me if he was not to close who should pay?
Do you have any uninsured motorist coverage (UM) on your own policy? If you do, that coverage would step into the shoes of the at-fault hit and run driver and compensate you for your injuries. In addition, if you have collision coverage, that would take care of the damages to your vehicle and your insurance company would have to right to go after anyone whom they feel is responsible to get reimbursed and recover your deductible.
In Florida, there is a rebuttable presumption that if you are rear ended by another vehicle, that vehicle is deemed to be at-fault. I tend to agree with you that, if the car that rear ended you kept a safe distance between his vehicle and yours, his collision into the back of your vehicle might have been avoided. Speaking from many years of experience handling similar matters, I feel that at the very least, you have a valid claim for comparative negligence against the vehicle that struck you from behind. I strongly suggest calling my office for a free consultation and complete analysis of your case. I look forward to hearing from you.
Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only, and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.