A hit-and-run leaves you with the injuries and, at first, with nobody obvious to claim against. That does not mean you have no claim, and it does not mean the driver will not be found.
As such, Florida takes hit-and-run accidents very seriously, and the consequences for those at fault can be significant. However, recourse for victims can be a bit more tricky, especially if the vehicle's driver has not been identified.
Keep reading to learn more about your options and recourse after you’ve been injured in a hit-and-run accident.
Legal Definition of Hit and Run In Florida
In Florida, a hit-and-run accident occurs when a driver is involved in a collision that results in property damage, injury, or death and leaves the scene without providing contact information or offering assistance.
If the accident only results in property damage, leaving the scene is considered a second-degree misdemeanor punishable by up to 60 days in jail, six months probation, and a $500 fine.
If the crash caused an injury, the grades in Florida Statute 316.027 step up with the harm. Leaving the scene of a crash causing injury short of serious bodily injury is a third-degree felony under section 316.027(2)(a), punishable by up to 5 years in prison and a $5,000 fine. Leaving the scene of a crash causing serious bodily injury is a second-degree felony under section 316.027(2)(b), punishable by up to 15 years and a $10,000 fine. Leaving the scene of a crash causing death is a first-degree felony under section 316.027(2)(c), punishable by up to 30 years and a $10,000 fine, and it carries a mandatory minimum term of 4 years in prison.
Florida Statute 316.027(2)(e) also requires the court to revoke the driver's license for at least 3 years, and section 316.027(2)(d) requires the court to order restitution to the victim unless it finds clear and compelling reasons not to.
What To Do After A Hit-and-Run Accident
Whether you were a pedestrian or driving a car when you were the victim of a hit-and-run, the process can be emotionally, physically, and financially damaging. While hit-and-run accidents can be more difficult to claim damages for, that doesn’t mean that it’s anywhere near impossible.
If you were involved in such a car accident, you call the police and file a report as soon as possible. If you’ve been injured, you should also seek medical attention as soon as possible. Make sure to keep thorough records of your medical treatment and any specific injuries you’ve suffered as a result of the accident.
Make sure to retain any photos, videos, or other documentation you may have taken of the scene of the accident as well. These can greatly affect your attorney’s ability to recover compensation for your injuries.
Reporting To Law Enforcement
Whether or not you were able to capture any identifying information, such as a license plate number, it’s still important to file a police report as soon as possible. This report can help you make your insurance claim and appeal.
Provide the police officer on-site with thorough information, such as:
- Description of the vehicle that caused the accident (color, make, model, and license plate number, if possible)
- The direction of travel and details of the accident
- Any injuries sustained you’ve sustained so they can be documented
- Eyewitnesses and their contact information
Request a copy of the police report for your records and provide it to your attorney as soon as possible.
Seeking Medical Attention
Even if you feel uninjured after a hit-and-run accident, you should seek professional medical help, as some injuries may not immediately appear.
They could be internal injuries, whiplash, or other complications that can only be determined by a medical examination. Keep records of your medical care, including bills and medical certificates, which may be helpful when claiming compensation.
Legal Rights And Options For Victims
As a victim, how you can legally proceed depends primarily on whether the at-fault driver is found and charged. If the driver is identified, you can file a civil claim for damages regardless of the outcome of the criminal proceedings. Florida Statute 95.11(5)(a) gives you two years from the date of the crash to file a negligence suit for a cause of action accruing after March 24, 2023, and Florida Statute 95.11(5)(e) sets the same two-year period for wrongful death. Florida Statute 768.81(6) bars recovery entirely if a jury finds you more than 50 percent at fault for the crash.
Penalties For Leaving The Scene Of A Fatal Crash
Leaving the scene of a crash that killed someone is the most serious form of the offense. Under Florida Statute 316.027(2)(c) it is a first-degree felony, and a driver who willfully violates that paragraph must be sentenced to a mandatory minimum term of 4 years in prison. The same 4-year mandatory minimum applies where the driver left the scene while driving under the influence.
Two further provisions matter to a victim and their family. Florida Statute 316.027(2)(f) ranks the offense one level higher on the sentencing scoresheet when the victim was a vulnerable road user, a category that section 316.027(1)(b) defines to include pedestrians, people riding bicycles, e-bikes, motorcycles, scooters and mopeds, people riding animals, and people using wheelchairs. Florida Statute 316.027(2)(e) blocks reinstatement of the driver's license until the offender completes a victim impact panel session, or a department-approved driver improvement course on the rights of vulnerable road users where no panel exists in that circuit.
If you were hit by a driver who left, get a lawyer involved early. The criminal case and your civil claim run on separate tracks, and the evidence that decides both is gathered in the first days.
Compensation And Damages
As a victim of a hit-and-run accident in Florida, you may be entitled to compensation for various damages, including:
- Medical expenses
- Lost wages
- Property damage
- Personal pain and suffering
- In some cases, other related damages
One element makes these prosecutions harder than they look. Each felony paragraph of Florida Statute 316.027 punishes a driver who “willfully” violates it, so the state must prove the driver knew a crash had happened and chose to leave anyway. A driver who says they never realised they hit anything is aiming straight at that element.
That is one more reason to document everything early. Debris, paint transfer, damage to the fleeing vehicle, nearby camera footage and what witnesses remember are what defeat a claimed lack of knowledge, and most of it is gone within days.
This means that because the driver could potentially claim they had no knowledge they were in a crash, it is even more critical for victims to begin documenting the accident and injuries as soon as possible.
Filing An Insurance Claim After A Hit & Run
Florida is a no-fault state, so your own personal injury protection coverage pays first regardless of who caused the crash. Under Florida Statute 627.736(1)(a), PIP covers 80 percent of reasonable and medically necessary expenses, but only if you receive initial services and care within 14 days after the crash. Miss that 14-day window and the benefits are gone. PIP pays up to $10,000 where a qualified provider determines you had an emergency medical condition, and is limited to $2,500 where a provider determines you did not.
You must report the accident to your insurance company immediately and provide all necessary documentation to ensure a smooth claims process. A personal injury attorney helps guide you with this process step-by-step.
Uninsured Motorist Coverage
Uninsured motorist coverage is the part of your own policy that matters most after a hit-and-run, because it is generally the only coverage available when the driver is never identified or turns out to carry no liability insurance. It is governed by Florida Statute 627.727 and it pays medical bills, lost wages and pain and suffering beyond your PIP limits. Check your declarations page before assuming you have none, and report the crash to police promptly, because policies commonly require it.
Consequences For Hit-and-Run Drivers
In Florida, hit-and-run drivers face criminal and administrative penalties and potential civil liability to compensate victims for their losses. Drivers must be aware of their responsibilities after an accident and the serious consequences they face if they fail to fulfill these obligations.
Criminal Penalties
In Florida, the legal consequences of a hit-and-run depend on the severity of the incident. If only property damage occurred, leaving the scene is considered a second-degree misdemeanor punishable by up to 60 days in jail, six months probation, and a $500 fine.
The penalties climb with the harm. Under Florida Statute 316.027(2)(b), leaving the scene of a crash causing serious bodily injury is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine. Under Florida Statute 316.027(2)(c), leaving the scene of a crash causing death is a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine, and it carries a mandatory minimum term of 4 years.
Administrative Penalties
Florida Statute 316.027(2)(e) requires the court to revoke the driver's license for at least 3 years, carried out under section 322.28(4). Before the license can be reinstated the driver must complete a victim impact panel session, or a department-approved driver improvement course on the rights of vulnerable road users where no panel exists in that circuit.
Civil Liability
As a victim of a hit-and-run accident in Florida, you have the right to seek compensation for your damages. You can seek civil damages, including medical expenses, lost wages, pain and suffering, and other losses related to the accident. Under certain circumstances, punitive damages may be assessed against the at-fault driver to deter future misconduct.
Hiring An Attorney After A Hit & Run
If you were injured in a hit-and-run, bring in an injury attorney early so the case gets built while the evidence still exists. A hit-and-run claim turns on identifying the driver or, failing that, on your own uninsured motorist coverage, and both take work that is far easier in the first weeks than in the first year.
Your attorney will ensure the incident and your injuries are properly documented, gather any important evidence to prove your claims, negotiate with insurance companies on your behalf, and defend your rights throughout the process. If necessary, your injury attorney can also facilitate communications with the police or the prosecuting attorney.
If you need legal representation after a hit-and-run accident, contact Weinstein Legal Team today to speak with an attorney about your case. Our personal injury attorneys work on a contingency fee basis, so you won’t pay any fees unless we win your case. You will not owe attorney's fees or costs unless we recover for you.
Click here to schedule a free case review with an attorney today, or give us a call at 888.626.1108 to get started now.
