Key Takeaways: Hit and Run Accidents in Florida
- Call 911, seek medical care, and get a police report number, because insurers and courts rely on both.
- PIP pays up to $10,000 regardless of fault when initial care starts within 14 days under §627.736.
- UM coverage applies to hit and run and phantom vehicle crashes in many cases, so read your policy's wording and notice terms.
- Willfully leaving a crash with injuries is a felony under §316.027, and a death brings a four-year mandatory minimum prison term.
- FLHSMV reported 104,273 hit and run crashes in 2023, and 76 percent of the deaths involved pedestrians or bicyclists.
- Florida generally gives two years to file a negligence lawsuit under §95.11(5)(a), and a person more than 50 percent at fault recovers nothing under §768.81(6).
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What to Do After a Hit and Run Accident in Florida
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Call 911, get medical care, and report the crash to police right away. Then notify your insurer, because your own PIP and uninsured motorist (UM) coverage often pay when the other driver disappears.
Hit and run crashes are common in Florida. The Florida Highway Safety and Motor Vehicles department (FLHSMV) reported 104,273 hit and run crashes in 2023, nearly one in four of all crashes, with 271 deaths and 871 serious bodily injuries.
At Louis Berk Law, we handle hit and run claims for injured drivers, passengers, pedestrians, and cyclists. This guide explains the steps to take in the first hour, the coverage paying your bills, what Florida law says about the driver who fled, and the deadlines to protect.
What Should You Do Right After a Hit and Run?
Move to safety, call 911, and ask for medical help even if you feel fine. Police create the report your insurer will ask for, and paramedics create the first medical record.
Do not chase the other driver. A chase puts you at risk of a second crash, and you hand the other side an argument about your own conduct. Give 911 the details instead, and let officers take over.
Steps to Take at the Scene
These steps protect your health and your claim, and the order matters.
- Call 911, report your location, and say the other driver left
- Check yourself and your passengers, and stay put if anyone has neck, back, or head pain
- Write down what you remember about the vehicle, including color, make, plate, damage, and direction of travel
- Photograph your vehicle, the scene, debris, skid marks, and your injuries
- Ask witnesses for names and phone numbers
- Get the police report number before you leave
- Accept medical evaluation at the scene or at an emergency room
Memory fades quickly, so record the plate or any partial digits before anything else. Even a partial plate helps police find the vehicle.
Evidence Worth Finding in the First Days
Video and witnesses disappear fast, so we start looking within days. Many camera systems overwrite footage on a short cycle, and a request made late finds an empty recording.
- Cameras at stores, gas stations, and traffic signals near the crash
- Doorbell and dashboard cameras from neighbors and other drivers
- Ride-share and delivery drivers who passed the scene
- Paint transfer and vehicle parts left on the road
- 911 call recordings and the responding officer's notes
Anonymous tips also help. FLHSMV lists Florida Crime Stoppers, which takes anonymous tips, and the Florida Highway Patrol for anyone with information about a fleeing driver. We pass details to the investigating agency when we find them.
Where Compensation Comes From When the Driver Is Gone
Compensation comes from several sources, and most injured people use more than one. The table below shows each source, what it covers, and the main condition attached to it.
The PIP figures come from §627.736. The next sections explain how each source works.
PIP Pays First, With a 14-Day Deadline
PIP pays up to $10,000 in medical bills and lost income whoever caused the crash, and a hit and run changes nothing here. Your policy pays first, so you do not wait for the driver to be found.
The deadline matters. You must receive initial medical care within 14 days of the crash, or you lose PIP medical benefits under §627.736. A pedestrian or cyclist struck by a vehicle is covered as well, as the Florida Bar's consumer guidance on automobile insurance notes.
The full $10,000 requires a physician, dentist, physician assistant, or advanced practice registered nurse to find an emergency medical condition. Without the finding the limit is $2,500, which is why we encourage an emergency room or urgent care visit on the day of the crash.
UM Coverage Fills the Gap in Many Hit and Run Cases
Uninsured motorist coverage applies to hit and run and phantom vehicle crashes in many cases. The Florida Bar's consumer guide says UM insurance also applies in a hit-and-run situation or a phantom vehicle accident.
The details sit in your policy. Wording varies, so we read the definition of an uninsured vehicle, along with any contact or reporting terms, before we advise you. Our guide to uninsured motorist coverage in Florida explains the written rejection rules, limits, and stacking.
Our uninsured motorist team reads your declarations page and any selection form before we negotiate with your insurer.
What Florida Law Says About Leaving the Scene
Leaving the scene of a crash with injuries is a felony in Florida, and the penalty grows with the harm caused. Section 316.027 requires a driver to stop immediately and remain at the scene until the duties in §316.062 are met.
- Willfully leaving a crash involving injury is a third-degree felony
- Leaving a crash involving serious bodily injury is a second-degree felony
- Leaving a crash involving death is a first-degree felony with a four-year mandatory minimum prison term
- A conviction brings a driver's license revocation of at least three years, and the court orders restitution unless it finds clear and compelling reasons not to
A crash involving only property damage falls under §316.061, where leaving is a second-degree misdemeanor. Under §316.062, a driver must give a name, address, and vehicle registration number, show a license on request, and give reasonable help to anyone injured.
The criminal case is separate from your injury claim. Police and prosecutors seek punishment, and restitution covers only specific losses. A civil claim seeks full compensation, including pain and suffering for qualifying injuries.
Pedestrians and Cyclists Face the Highest Risk
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FLHSMV reported 76 percent of 2023 hit and run deaths involved pedestrians or bicyclists. Over 81 percent of hit and run deaths occurred at dawn, dusk, or night, when drivers see less and victims are harder to find.
Our pedestrian accident and bicycle accident clients start with the same checklist, plus a review of every policy in the household. A pedestrian without a car still has options through the household's PIP and UM policies.
If the Driver Is Found
A located driver becomes a defendant, and we review their insurance, their vehicle's owner, and any employer. When the driver has coverage, the claim follows the usual path described in our guide to a car accident settlement.
If the driver has no insurance, your UM coverage and a claim against the driver personally work together. Collection depends on the driver's income and assets, so we weigh both before recommending a lawsuit.
Reporting the Crash to Your Insurer
Notify your insurer within days, and give only the basic facts. Tell the adjuster when and where the crash happened, the fact the other driver left, and the police report number.
Adjusters often ask for a recorded statement in the first call. You have no obligation to give one before you review your policy, and an offhand answer about how you feel becomes evidence against you later. We handle those calls for clients, and we send the insurer written notice of the UM claim so no dispute arises about timing.
What Happens After You Report a Hit and Run
A hit and run claim moves on several tracks at once. The tracks below run in parallel, and delay on one rarely stops the others.
- Police investigate the crash, review cameras, and search for the vehicle
- Your PIP insurer opens a claim and sends forms for you to return
- Your treating providers document injuries and send bills to PIP
- We send notice to your UM insurer and request the policy
- The claim value becomes clear as treatment progresses, and we negotiate or file suit
Serious injuries take time to evaluate. Settling before you reach maximum medical improvement risks leaving future surgery and therapy unpaid, so we wait until the treating doctors describe your long-term outlook.
Deadlines to Protect
Three deadlines drive most hit and run cases.
- 14 days from the crash to receive initial medical care for PIP benefits
- Any notice or reporting terms in your UM policy, which we check on day one
- Two years to file a negligence lawsuit for crashes after March 24, 2023, under §95.11(5)(a)
Fault also matters. Under §768.81(6), a person found greater than 50 percent at fault for his or her own harm recovers nothing in a negligence action, and a smaller share lowers the recovery by the same percentage. Our guide to a car accident lawsuit explains the process from filing to trial.
Vehicle Damage After a Hit and Run
PIP and UM pay for injuries, not for your vehicle. Repairs fall under your collision coverage, subject to your deductible, if you carry it.
Without collision coverage, the repair bill rests on you unless the driver is found and insured. Report the damage to your insurer anyway, since the claim documents the crash and keeps your policy notice requirements satisfied. Ask whether your policy waives the deductible for hit and run claims, as some do.
What a Hit and Run Claim Includes
A hit and run claim seeks every loss the crash caused, and the sources differ in what they pay. PIP pays medical bills and lost income up to its limit. UM and a claim against the driver cover losses beyond PIP.
- Medical bills, past and future, including surgery, therapy, and medication
- Lost income and lost earning capacity
- Pain and suffering, subject to the injury thresholds in §627.737(2)
- Out-of-pocket costs such as travel to appointments and household help
- Wrongful death damages for the family when a crash kills someone
The pain and suffering threshold requires significant and permanent loss of an important bodily function, permanent injury, significant and permanent scarring, or death. We document injuries with treating physicians from the start, because the medical record decides whether the threshold is met.
If You Have No UM Coverage
You still have options. PIP pays regardless of fault, your health insurance covers bills beyond PIP, and a claim against the driver stays open if police identify the person.
We also review the rejection form itself. A UM rejection must be in writing, and we check whether the form meets the statutory requirements. Our personal injury claim guide explains how the remaining pieces fit.
Mistakes to Avoid After a Hit and Run
Four mistakes cost injured people the most, and each is avoidable:
- Leaving the scene or the hospital without a police report number
- Waiting more than 14 days for the first medical visit
- Giving your insurer a recorded statement before reviewing your policy
- Posting about the crash or your injuries on social media
Insurers read social media posts, and a photo from the weekend after the crash appears in a denial letter. Let an attorney review any request for a statement before you agree.
When to Call a Lawyer
Call a lawyer when you were injured and the other driver left, because coverage questions begin on day one.
- You need medical care beyond what PIP covers
- You are not sure whether you carry UM coverage
- Your insurer asks for a recorded statement or broad medical releases
- The insurer says your policy excludes a hit and run
- A loved one was killed by a driver who fled
Our hit and run accident team handles the claim from the first call. Our guide to a personal injury claim explains the process step by step.
How Louis Berk Law Helps
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We handle hit and run claims by securing evidence, reading every policy in your household, and pressing your insurer for the coverage you bought. Attorney Louis Berk reviews every case personally.
We also stay in contact with investigators when a driver is still at large, and we take injury cases on a contingency fee, which means no fee unless we win. Our car accident practice covers the related claims in one place.
Our bilingual team, including our Spanish-speaking attorney services, represents Central Florida's Spanish-speaking families as well.
Disclaimer: This page is for general informational purposes only and does not constitute legal advice. Every case is different. For advice about your specific situation, contact a licensed attorney. Prior results do not guarantee a similar outcome.
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