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    Hit-and-Run Accidents in Florida

    Florida has one of the highest rates of hit-and-run accidents in the nation. Being the victim of a hit-and-run is frightening and frustrating — but you still have legal options for recovering compensation, even if the at-fault driver is never identified. For general accident guidance, see our Florida Car Accident Guide.

    Hit-and-Run in Florida: The Numbers

    Critical: In Florida, leaving the scene of an accident involving injuries is a felony. If someone is killed, the fleeing driver faces up to 30 years in prison. Despite these penalties, Florida averages over 100,000 hit-and-run crashes per year.
    • Florida averages over 100,000 hit-and-run crashes annually
    • Approximately 25% of all Florida traffic crashes involve a hit-and-run
    • Hit-and-run fatalities in Florida exceed 250 deaths per year
    • Miami-Dade, Broward, and Palm Beach counties have the highest hit-and-run rates
    • Pedestrians and cyclists are disproportionately affected

    Drivers flee accident scenes for many reasons: lack of insurance, suspended license, outstanding warrants, impairment, fear, and immigration concerns.

    Criminal Penalties for Fleeing the Scene

    Florida imposes severe criminal penalties for leaving the scene of an accident under Florida Statutes § 316.027 and § 316.061:

    ScenarioChargeMaximum Penalty
    Property damage only2nd degree misdemeanor60 days jail, $500 fine
    Non-serious injuries3rd degree felony5 years prison, $5,000 fine
    Serious bodily injury2nd degree felony15 years prison, $10,000 fine
    Death1st degree felony30 years prison, $10,000 fine

    Additionally, a mandatory minimum sentence of 4 years in prison applies when a hit-and-run results in death. The driver's license is also revoked for at least 3 years.

    Insurance Options for Hit-and-Run Victims

    When the at-fault driver flees and cannot be identified, victims must rely on their own insurance coverage:

    • PIP (Personal Injury Protection): Your own PIP insurance covers up to $10,000 in medical expenses and lost wages regardless of fault. You must seek treatment within 14 days.
    • Uninsured Motorist (UM) coverage: This is the most important coverage for hit-and-run victims. UM coverage treats a hit-and-run driver as an uninsured driver. See our uninsured driver claims guide.
    • MedPay (Medical Payments): If you carry MedPay, it provides additional coverage for medical expenses regardless of fault.
    • Collision coverage: Covers damage to your vehicle in a hit-and-run, minus your deductible.
    Important: UM/UIM coverage is not required in Florida but is offered by every insurer. If you declined it, your options after a hit-and-run are limited to PIP and any MedPay coverage. This is why attorneys strongly recommend carrying UM/UIM coverage.

    Identifying the Hit-and-Run Driver

    If the driver can be identified, you can file a claim against their insurance and potentially pursue a lawsuit. Methods used to identify fleeing drivers include:

    • Surveillance cameras: Traffic cameras, business security cameras, and residential doorbell cameras in the area
    • Witness descriptions: License plate numbers (even partial), vehicle make/model/color, and driver descriptions
    • Paint transfer and debris: Physical evidence left at the scene can identify the vehicle make, model, and year
    • Vehicle damage: Body shops may report vehicles brought in with suspicious damage
    • Social media and tips: Community awareness campaigns and tip lines
    • Law enforcement investigation: Police can run partial plates, check local cameras, and canvass the area

    Evidence in Hit-and-Run Cases

    • Dashcam footage: Your own dashcam is invaluable — it may capture the fleeing vehicle's plate, make, and driver
    • 911 call recording: Your immediate report establishes the timeline and your description of the vehicle
    • Scene photos: Damage to your vehicle, debris, tire marks, and any paint transfer
    • Witness contact information: Get names and numbers of anyone who saw the accident or the fleeing vehicle
    • Medical records: Documenting injuries immediately connects them to the accident
    • Police report: File a report immediately — this is often required by your own insurance company to process a UM claim

    Potential Compensation

    Compensation in hit-and-run cases depends on whether the driver is identified and what insurance coverage is available:

    If Driver Is Identified

    • Full claim against driver's liability insurance (if insured)
    • Civil lawsuit for damages beyond insurance limits
    • Restitution ordered as part of criminal proceedings

    If Driver Is Not Identified

    • PIP coverage up to $10,000
    • UM/UIM coverage up to your policy limits
    • MedPay if applicable
    • Collision coverage for vehicle damage

    The statute of limitations still applies — you have two years from the date of the accident to file a lawsuit, even in hit-and-run cases.

    What to Do Immediately After a Hit-and-Run

    • Do NOT chase the fleeing driver. This is dangerous and can complicate your claim.
    • Call 911 immediately. Report the accident and provide as much detail as possible about the fleeing vehicle.
    • Write down everything you remember — vehicle color, make, model, license plate (even partial), direction of travel, number of occupants.
    • Look for witnesses and get their contact information.
    • Check for surveillance cameras on nearby businesses, traffic lights, or homes.
    • Seek medical attention within 14 days for PIP coverage.
    • Notify your insurance company promptly to initiate your UM and collision claims.
    • Contact a Florida attorney experienced in hit-and-run cases to maximize your recovery options.

    Frequently Asked Questions

    Best Attorney For Car Accidents provides free educational resources and attorney matching for Florida accident victims. Learn more about Best Attorney For Car Accidents and how we connect you with experienced, vetted attorneys.

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