After a hit-and-run accident in Florida, you have the right to report the crash, seek medical treatment, pursue available insurance benefits, and seek personal injury compensation from the responsible driver if they are identified. You may also have coverage through your own auto insurance, even when the other driver cannot be found.
Read on to learn about your rights under Florida law, how to pursue compensation even when the responsible driver is not identified, and the steps you can take to protect your interests after a hit-and-run accident.
What Does Florida Law Require Drivers to Do After a Crash?
Fla. Stat. § 316.027 requires a driver involved in a crash resulting in injuries or death to stop and remain at the scene until the driver has fulfilled certain legal duties. Fla. Stat. § 316.062 requires drivers in these crashes to provide identifying information and render reasonable assistance to injured people.
Those duties generally include providing:
- The driver’s name and address
- The vehicle’s registration information
- A driver’s license, when requested and available
- Reasonable assistance to an injured person when treatment appears necessary
A hit-and-run driver who violates these requirements may face criminal consequences in addition to potential civil liability for the harm caused by the crash.
Can I Still Get Compensation if a Hit-and-Run Driver Is Never Found?
You may still have access to insurance benefits even if the police never identify a hit-and-run driver. The exact coverage available depends on your insurance policy and the circumstances of the collision.
Florida’s personal injury protection (PIP) system can provide certain medical and disability benefits regardless of who caused the crash. PIP insurance can help pay certain medical expenses and lost-income benefits after a hit-and-run, even before the fleeing driver is found.
Under Fla. Stat. § 627.736, PIP generally provides up to $10,000 in medical and disability benefits when the statutory requirements are satisfied. Initial medical services must generally be received within 14 days. Medical reimbursement can be limited to $2,500 when the injured person is not determined to have an emergency medical condition.
Uninsured motorist coverage may also become important when the at-fault driver cannot be identified or lacks adequate insurance. Florida law requires insurers issuing qualifying bodily injury liability policies to offer uninsured motorist coverage, although a policyholder can reject that coverage in writing.
What Compensation Can I Seek After a Florida Hit-and-Run?
A person injured in a Florida hit-and-run may be able to pursue compensation for losses caused by the collision. The available damages depend on the injuries, insurance coverage, and whether the responsible driver is identified.
Compensation can include:
- Past and future medical expenses
- Lost wages
- Reduced earning capacity
- Rehabilitation expenses
- Property damage
- Pain and suffering when Florida’s applicable legal requirements are met
- Disability or disfigurement
If the fleeing driver is later identified, an injury claim may be pursued against that driver and potentially applicable insurance coverage.
How Can a Lawyer Help After a Hit-and-Run Accident in Florida?
An experienced lawyer can help you understand your rights and legal options for compensation after a hit-and-run accident in Florida. Who you choose to work with can make a big difference in the outcome of your case. Kibbey Wagner Injury & Car Accident Lawyers has more than 80 years of combined experience and has recovered over $500 million for accident victims.
Partner Jordan R. Wagner is Board Certified in Civil Trial Law by The Florida Bar and has been recognized among Florida’s Top 100 Trial Lawyers by The National Trial Lawyers. That trial experience can be particularly useful when an insurer disputes liability, damages, or uninsured motorist coverage.
The legal team can also:
- Obtain available crash reports and supporting evidence
- Search for surveillance or traffic-camera footage
- Interview witnesses
- Review PIP and uninsured motorist policies
- Document medical expenses and income losses
- Negotiate with insurance carriers
- Prepare a case for litigation when necessary
Hit-and-run claims often involve more than simply determining who caused the crash. Identifying every available insurance policy can be just as important.
Frequently Asked Questions
Do I Have to Report a Hit-and-Run Accident in Florida?
Yes. A hit-and-run involving injuries should be reported to law enforcement promptly so the crash can be investigated and officially documented.
Can My Own Insurance Cover a Hit-and-Run?
Yes, depending on your policy. PIP and uninsured motorist coverage can provide benefits in some hit-and-run cases even when the other driver is not identified.
How Soon Should I See a Doctor After a Car Crash?
Florida PIP law generally requires that initial medical treatment be obtained within 14 days of the crash to qualify for medical benefits under the policy.
How Long Do I Have to File a Florida Hit-and-Run Injury Lawsuit?
Florida generally provides two years to file a negligence lawsuit arising from a motor vehicle accident. Fla. Stat. § 95.11 establishes a two-year limitations period for actions founded on negligence. Other deadlines can apply depending on the facts.
What if the Hit-and-Run Driver Is Found Later?
If police identify the driver, you may be able to pursue a liability claim against that driver and any applicable insurance coverage.
How Much Does a Hit-and-Run Accident Lawyer Cost?
The hit-and-run accident lawyers at Kibbey Wagner Injury & Car Accident Lawyers take most cases on a contingency fee basis, meaning attorneys’ fees depend on obtaining a financial recovery.
Contact Kibbey Wagner Injury & Car Accident Lawyers for a Free Consultation with a Florida Car Accident Lawyer Today
A fleeing driver does not erase your right to seek answers or pursue available compensation. Even when police have not identified the other driver, your own insurance coverage and other evidence may provide a path forward.
Contact Kibbey Wagner Injury & Car Accident Lawyers at (772) 444-7000 for a free consultation with a Florida car accident lawyer to discuss what happened, review your insurance coverage, and determine the next steps available after a hit-and-run accident.