How to Handle a Hit-and-Run Accident in Florida
Introduction
A hit-and-run accident occurs when a driver leaves the scene of a crash without stopping to provide information or render aid. In Florida, hit-and-run accidents are serious offenses that can result in criminal penalties, fines, and loss of driving privileges for the at-fault driver.
For victims, these accidents can be devastating, leaving them with medical bills, vehicle damage, and uncertainty about how to recover compensation. This guide explains what to do after a hit-and-run accident, how to seek compensation, and how an attorney can help.
What to Do Immediately After a Hit-and-Run Accident
If you are the victim of a hit-and-run accident, taking the right steps can help protect your health, legal rights, and ability to file a claim.
1. Call 911 and Report the Accident
- Stay at the scene and contact the police immediately.
- Provide details about the accident, including the make, model, color, and license plate of the fleeing vehicle, if possible.
- A police report is essential for documenting the accident and filing an insurance claim.
2. Seek Medical Attention
- Even if injuries seem minor, see a doctor as soon as possible.
- Florida’s Personal Injury Protection (PIP) insurance requires accident victims to seek medical care within 14 daysto qualify for benefits.
3. Gather Evidence
- Take photos and videos of the accident scene, vehicle damage, skid marks, and any injuries.
- Look for surveillance cameras or dashcam footage that may have captured the fleeing vehicle.
- Collect witness statements and contact information from anyone who saw the accident.
4. Notify Your Insurance Company
- Inform your insurer that you were involved in a hit-and-run accident.
- Do not give a recorded statement without consulting an attorney.
- If the at-fault driver is not found, you may need to file an uninsured motorist (UM) claim for compensation.
Legal Penalties for Hit-and-Run Drivers in Florida
Florida law imposes harsh penalties on drivers who flee the scene of an accident. Under Florida Statutes § 316.027, penalties depend on the severity of the crash.
- Hit-and-run with property damage: Second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
- Hit-and-run with injuries: Third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
- Hit-and-run resulting in death: First-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
Drivers who leave the scene of an accident involving injuries or fatalities also face a mandatory license revocation.
How to Recover Compensation After a Hit-and-Run Accident
Victims of hit-and-run crashes may still recover compensation, even if the at-fault driver is never found.
1. Personal Injury Protection (PIP) Insurance
Florida requires all drivers to carry PIP insurance, which covers:
- Up to $10,000 in medical expenses (80% of medical bills, 60% of lost wages).
- Coverage applies regardless of who was at fault.
2. Uninsured Motorist (UM) Coverage
If you have uninsured motorist (UM) coverage, it may provide compensation for:
- Medical expenses exceeding PIP limits.
- Lost wages due to injury-related time off work.
- Pain and suffering, which is not covered under PIP.
3. Collision Coverage for Vehicle Repairs
If your policy includes collision coverage, it may cover the cost of repairing or replacing your vehicle after a hit-and-run.
4. Lawsuit Against the At-Fault Driver (If Found)
If the police locate the hit-and-run driver, you may file a personal injury lawsuit against them to recover full compensation for:
- Medical expenses and future treatment costs.
- Lost wages and loss of earning capacity.
- Pain and suffering damages.
Challenges in Hit-and-Run Cases
Hit-and-run cases can be difficult due to:
- Lack of identifying information about the fleeing driver.
- Insurance companies denying claims or offering low settlements.
- Limited coverage from PIP and uninsured motorist policies.
A personal injury attorney can help investigate the crash, negotiate with insurers, and take legal action to secure fair compensation.
How a Car Accident Attorney Can Help
A personal injury attorney can:
- Work with law enforcement to identify the hit-and-run driver.
- Gather surveillance footage and witness statements to build your case.
- Negotiate with your insurance company to maximize your payout.
- File a lawsuit if the at-fault driver is found and has assets or insurance.
At Bonderud Law, we help hit-and-run accident victims navigate insurance claims and legal options. If you were injured in a hit-and-run, contact us today for a free consultation.
Conclusion
Hit-and-run accidents can leave victims with serious injuries and uncertainty about recovering compensation. Even if the at-fault driver is never found, accident victims may still have options through PIP and uninsured motorist coverage.
If you or a loved one has been injured in a hit-and-run, speaking with an experienced car accident attorney can help you understand your rights and secure the compensation you deserve.