How to Handle a Hit-and-Run Accident in Florida
Introduction
Hit-and-run accidents are serious offenses in Florida, often leaving victims with injuries, vehicle damage, and uncertainty about how to recover compensation. When a driver flees the scene of an accident, it can be challenging to identify them and hold them accountable. However, Florida law provides options for hit-and-run victims to seek financial recovery through their own insurance and legal action.
This guide explains what to do after a hit-and-run accident, how to file a claim, and what legal options are available to recover damages.
What to Do Immediately After a Hit-and-Run Accident
Stay at the Scene and Call the Police
Reporting a hit-and-run accident is crucial. Law enforcement will create an official report, document any evidence, and begin investigating the at-fault driver.
Gather as Much Information as Possible
If possible, try to remember and document details about the fleeing vehicle, including:
- Make, model, and color
- License plate number (even partial information can help)
- Any visible damage to the vehicle
- Direction the vehicle was headed after the crash
Look for Witnesses and Surveillance Footage
Check if anyone nearby saw the accident or captured it on their phone. Businesses and traffic cameras may have recorded the incident, which can help identify the driver.
Seek Medical Attention Immediately
Even if injuries do not seem severe, seeing a doctor is important for both health and legal reasons. Some injuries, such as concussions or internal damage, may not show symptoms right away. Medical records also serve as crucial evidence in a personal injury claim.
Notify Your Insurance Company
Let your insurer know about the accident, but avoid making detailed statements until speaking with an attorney. Insurance adjusters may try to minimize payouts by downplaying injuries or questioning the claim.
Legal Options for Recovering Compensation After a Hit-and-Run
Personal Injury Protection (PIP) Coverage
Florida is a no-fault insurance state, which means that injured drivers must first file a claim with their own personal injury protection (PIP) coverage. PIP covers:
- Up to $10,000 in medical expenses and lost wages
- 80 percent of medical bills and 60 percent of lost income
PIP applies regardless of who was at fault, but it may not cover all damages, especially in serious injury cases.
Uninsured Motorist (UM) Coverage
If the hit-and-run driver is not found, uninsured motorist (UM) coverage can provide additional compensation. UM coverage can help pay for:
- Medical bills beyond PIP limits
- Pain and suffering damages
- Lost wages and future lost earning capacity
UM coverage is optional in Florida but is highly recommended, as it can protect victims when the at-fault driver is uninsured or cannot be identified.
Filing a Lawsuit If the Driver Is Identified
If law enforcement identifies the hit-and-run driver, the victim may be able to file a personal injury lawsuit against them. This can help recover damages beyond what insurance covers, including full medical expenses, lost wages, and compensation for emotional distress.
Penalties for Hit-and-Run Drivers in Florida
Under Florida law, leaving the scene of an accident is a serious crime. The penalties depend on the severity of the crash:
- If the accident involves only property damage, the driver faces a second-degree misdemeanor, with penalties of up to 60 days in jail and a $500 fine.
- If the accident results in injuries, it is a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
- If the accident results in death, it is a first-degree felony, carrying a minimum of four years in prison and up to 30 years behind bars, along with a $10,000 fine.
These penalties are meant to deter hit-and-run accidents and hold fleeing drivers accountable.
How a Personal Injury Attorney Can Help
Hit-and-run accident cases can be challenging, especially when the at-fault driver is unknown. A personal injury attorney can:
- Work with law enforcement to track down the driver
- Collect surveillance footage and witness statements to strengthen the case
- Negotiate with the insurance company to secure maximum compensation
- File a lawsuit if the driver is identified and has assets or insurance coverage
At Bonderud Law, we help hit-and-run victims recover the compensation they need to cover medical expenses, lost wages, and other damages. If you or a loved one was injured in a hit-and-run, contact us today for a free consultation.
Conclusion
A hit-and-run accident can leave victims feeling helpless, but Florida law provides options for recovering compensation. Whether filing a claim through personal injury protection, uninsured motorist coverage, or pursuing legal action against the at-fault driver, victims have rights that should be protected.
If you have been involved in a hit-and-run accident, taking immediate legal action can help ensure that you receive the financial recovery needed for your medical care and other losses.