What Happens After a Hit and Run Car Accident in Florida? Legal Guide for Victims
Did you know that approximately one in four vehicle crashes in Florida are hit-and-run accidents? The Florida hit and run law has become increasingly important as these incidents reach alarming levels, with over 104,273 hit-and-run crashes reported in 2023 alone.
Unfortunately, these accidents resulted in 271 deaths last year, with 76% of victims being cyclists or pedestrians. The consequences of a hit and run in Florida are severe, carrying penalties of up to 30 years in prison for fatal crashes and a mandatory minimum of 4 years under the Aaron Cohen Life Protection Act.
If you've been involved in a hit-and-run accident, understanding your legal rights and immediate steps is crucial. This guide walks you through the essential actions to take after a hit-and-run incident, your insurance options, and the legal pathways available for seeking compensation in Florida.
Immediate Steps After a Hit and Run in Florida
The moments following a hit-and-run collision are often chaotic and confusing. Knowing the right steps to take can significantly impact your ability to recover compensation and help authorities locate the fleeing driver.
Ensuring your safety and getting medical help
Immediately after a hit-and-run, prioritize safety above all else. Pull your vehicle to a safe location away from traffic if possible and turn on your hazard lights. Check yourself and your passengers for injuries and call 911 for medical assistance if needed. Even if you feel fine, seek medical attention within 14 days of the accident to preserve your right to benefits under Florida's no-fault insurance.
Never chase after the fleeing driver. While it might seem instinctive to pursue the other vehicle, this puts you at risk for further injury and could create additional legal complications. Instead, focus on your immediate well-being and gathering information safely.
Documenting the accident scene
Before evidence disappears, thoroughly document the scene. Use your smartphone to take photos of your vehicle damage, the accident location, road conditions, and any visible injuries. Look for vehicle debris like paint chips, broken glass, or car parts left behind—these could help identify the hit-and-run driver.
Note the exact time, date, and weather conditions. Additionally, check for nearby security cameras from businesses or traffic lights that might have captured the incident. This visual documentation can be crucial for both insurance claims and potential legal proceedings.
Reporting to police within legal timeframes
Contact law enforcement immediately—this is mandatory for hit-and-run accidents in Florida. When officers arrive, provide them with all available information about the fleeing vehicle, including make, model, color, and partial license plate if possible.
Obtain the officer's name, badge number, and the police report number for your records. This official document establishes a formal record of the incident and initiates the investigation process, which is essential for insurance claims and legal action.
Gathering witness information and evidence
Witnesses can provide valuable perspectives you might have missed during the chaos. Approach anyone who may have seen the accident and politely ask for their contact information and a brief statement about what they observed. Their testimony could help identify the hit-and-run driver or corroborate your account of the events.
Check with nearby businesses for potential witnesses or surveillance footage. Time is critical with video evidence, as many systems automatically overwrite recordings after a certain period. This combination of witness accounts and surveillance can significantly strengthen your case.
Understanding Florida Hit and Run Laws and Penalties
Florida law treats hit-and-run offenses with utmost severity, establishing clear guidelines for driver responsibilities and significant penalties for those who flee accident scenes.
Definition of hit and run under Florida statutes
Under Florida Statutes § 316.027 and § 316.061, a hit-and-run occurs when a driver involved in an accident fails to stop immediately at the scene, provide required information, or render aid if necessary. This applies to both public and private property accidents. Specifically, the law requires drivers to:
- Stop at or near the scene
- Exchange name, contact, and insurance details
- Render reasonable assistance to injured persons
- Report the accident to law enforcement when required
Failure to fulfill these obligations constitutes a hit-and-run offense, regardless of who caused the accident.
Penalties based on damage severity
The consequences for leaving an accident scene vary dramatically based on the harm caused:
Property damage only: Second-degree misdemeanor punishable by up to 60 days in jail and a $500 fine plus driver's license suspension.
Injuries: Third-degree felony carrying up to five years imprisonment, $5,000 fine, and mandatory three-year license revocation.
Serious bodily injury: Second-degree felony with potential 15-year prison sentence.
Fatalities: First-degree felony requiring a mandatory minimum of four years imprisonment (potentially up to 30 years) and $10,000 fine along with permanent license revocation.
The Aaron Cohen Life Protection Act
This significant legislation, enacted in 2014, strengthened Florida's hit-and-run laws. Named after Aaron Cohen, a cyclist killed by a hit-and-run driver in 2012, the act addressed a troubling loophole—previously, drivers who fled fatal crash scenes often received lighter sentences than those convicted of DUI manslaughter.
The act established mandatory minimum sentences, including four years imprisonment for fatal hit-and-runs. Furthermore, it imposes mandatory license revocation periods and requires participation in victim impact panels when available.
How police investigate hit and run cases
Law enforcement employs several techniques in hit-and-run investigations:
- Interviewing witnesses and victims to compile vehicle descriptions
- Collecting physical evidence like paint chips and vehicle parts
- Securing surveillance footage from traffic cameras and nearby businesses
- Conducting forensic analysis to identify vehicle make and model
- Issuing public appeals for information in serious cases
Investigations may take days, weeks, or months depending on case complexity and available evidence.
Insurance Options for Hit and Run Victims
After experiencing a hit-and-run accident in Florida, understanding your insurance options becomes essential for financial recovery. Without an identifiable at-fault driver, you'll need to rely on your own insurance coverage.
Using personal injury protection (PIP) coverage
Florida requires all drivers to carry Personal Injury Protection (PIP) insurance—a cornerstone of the state's no-fault system. PIP provides immediate benefits regardless of who caused the accident, making it particularly valuable after hit-and-runs. This coverage typically helps with:
- Medical expenses from hospital stays and doctor visits
- Lost wages if injuries prevent you from working
- Essential services like childcare or housekeeping you can't perform due to injuries
PIP generally acts as primary coverage, paying first before other insurance types come into play.
Uninsured motorist coverage benefits
Although not mandatory in Florida, uninsured motorist (UM) coverage essentially treats hit-and-run incidents as accidents with uninsured drivers. This coverage fills crucial gaps when the at-fault driver can't be found.
Stacking benefits: If you own multiple vehicles with UM coverage, you may be able to "stack" or combine policy benefits for greater protection after a hit-and-run. Given that approximately 20% of Florida drivers are uninsured, this coverage provides substantial financial security.
Health insurance coordination
Once PIP limits are reached, your health insurance typically takes over as secondary coverage. Unlike auto insurance, health insurance generally has no time restriction for seeking treatment. However, your policy may still require copayments or deductibles when used for accident-related injuries.
What happens to your premiums after filing a claim
Fortunately, Florida law prohibits insurers from raising rates solely based on accidents where you weren't at fault. This protection is outlined in Florida Statutes § 626.9541.
Nevertheless, exceptions exist. Your rates might increase if:
- You're involved in three or more accidents within three years, regardless of fault
- You receive a serious traffic citation related to the accident
- You make policy changes after the accident, such as adding coverage or vehicles
Should your rates increase unexpectedly, shopping for new coverage is often recommended given the competitive insurance market.
Legal Recourse and Compensation Pathways
Navigating the aftermath of a hit-and-run requires understanding your legal options beyond insurance claims. Pursuing justice often involves professional legal assistance and knowledge of Florida's compensation system.
When to hire a personal injury attorney
Consulting with an attorney promptly after a hit-and-run accident provides significant advantages. Ideally, speak with a lawyer before discussing anything with insurance adjusters. An experienced attorney can investigate the incident, coordinate with law enforcement to locate the fleeing driver, and negotiate with insurance companies on your behalf.
Moreover, attorneys can analyze surveillance footage, interview witnesses, and construct a compelling case while evidence remains fresh. This early intervention often results in more favorable settlements since insurance companies typically take claims more seriously when legal representation is involved.
Types of damages you can recover
If the hit-and-run driver is identified, you may recover several types of compensation:
- Economic damages: Medical expenses, lost wages, future medical costs, rehabilitation expenses, and property damage
- Non-economic damages: Pain and suffering, emotional distress, reduced quality of life, and loss of consortium
- Punitive damages: In particularly egregious cases, courts may award additional compensation to punish the driver's behavior and deter similar actions
Importantly, Florida courts may award punitive damages up to three times the compensatory amount or $500,000, whichever is greater.
Statute of limitations for hit and run claims
Florida law provides two years from the accident date to file a personal injury lawsuit. Missing this deadline typically means losing your right to compensation regardless of case merit.
Certain exceptions might extend this timeframe, including situations where the at-fault driver concealed their identity or fled the state. Nevertheless, initiating legal proceedings promptly ensures evidence preservation and strengthens your claim.
Civil vs. criminal case implications
Hit-and-run incidents often trigger both criminal and civil proceedings. Criminal cases focus on punishing offenders through fines or imprisonment, while civil lawsuits seek monetary compensation for victims.
Consequently, even if criminal charges aren't filed or result in acquittal, you can still pursue a civil lawsuit based on negligence. The civil case requires establishing duty of care, breach, causation, and damages—typically using the "preponderance of evidence" standard rather than "beyond reasonable doubt".
Conclusion
Hit-and-run accidents create challenging situations for victims, though understanding your rights and options helps secure fair compensation. Following proper procedures immediately after the incident - from ensuring safety to gathering evidence - significantly strengthens your position for future claims.
Florida law offers several paths toward recovery through insurance coverage and legal action. Personal Injury Protection serves as your first line of defense, while uninsured motorist coverage provides additional protection against hit-and-run drivers.
Time remains critical in these cases. Quick action helps preserve evidence, meet legal deadlines, and maximize your chances of identifying the responsible party. Whether through insurance claims or legal proceedings, you deserve full compensation for your injuries and damages.
Dealing with hit-and-run accidents requires experienced legal guidance.
If you were injured in an auto accident and need a lawyer, call our Fort Myers, Cape Coral, Estero, Bonita Springs, and Naples Car Accident Attorneys at Pittman Law Firm, P.L. today for a free consultation.
Remember, while hit-and-run incidents feel overwhelming, you have clear rights and protections under Florida law. Taking appropriate steps and seeking professional help early ensures the best possible outcome for your case.
FAQs
Q1. What are the immediate steps to take after a hit-and-run accident in Florida? First, ensure your safety and seek medical help if needed. Document the accident scene by taking photos and gathering witness information. Report the incident to the police immediately and provide them with all available details about the fleeing vehicle.
Q2. How does Florida law define a hit-and-run offense? A hit-and-run occurs when a driver involved in an accident fails to stop at the scene, provide required information, or render aid if necessary. This applies to accidents on both public and private property, regardless of who caused the accident.
Q3. What insurance options are available for hit-and-run victims in Florida? Victims can use their Personal Injury Protection (PIP) coverage for immediate medical expenses and lost wages. Uninsured motorist coverage can provide additional benefits. Health insurance may also cover expenses once PIP limits are reached.
Q4. How long do I have to file a lawsuit after a hit-and-run accident in Florida? In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit. However, it's crucial to consult with an attorney as soon as possible to ensure evidence is preserved and your rights are protected.
Q5. Can I still pursue compensation if the hit-and-run driver is never found? Yes, you can still seek compensation through your own insurance coverage, such as Personal Injury Protection (PIP) and uninsured motorist coverage. These policies can help cover medical expenses, lost wages, and other damages even if the at-fault driver remains unidentified.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.