Orlando Hit-and-Run Accident Lawyer

Orlando Hit-and-Run Accident Lawyer: You Still Have Options for Compensation

Approximately 25% of all car accidents in Florida involve a driver who flees the scene, according to FLHSMV data. A hit-and-run leaves you injured, shaken, and facing medical bills without knowing who caused the accident or whether they have insurance. Under Florida Statutes §316.027 and §316.062, leaving the scene of an accident is a crime that carries penalties ranging from misdemeanor charges to 30 years in prison depending on the severity of the injuries.

At Louis Berk Law, our Orlando hit-and-run accident lawyers pursue compensation for victims whether or not the at-fault driver is ever found. Your own uninsured motorist (UM) coverage, the Florida Crime Victim Compensation Fund, and direct lawsuits against identified drivers are all paths to recovery. We investigate every angle, identify every source of compensation, and fight your insurance company when it tries to minimize your claim.

Hit-and-Run Is a Crime in Florida: Criminal Penalties

Under Florida law, any driver involved in an accident must stop, exchange information, and render aid to injured persons. Leaving the scene is a criminal offense with penalties that escalate based on the severity of the outcome.

Source: Florida Statute §316.027

A criminal conviction strengthens your civil claim. If the hit-and-run driver is identified, charged, and convicted, the criminal record becomes evidence of negligence in your personal injury lawsuit.

What to Do Immediately After a Hit-and-Run

If you are the victim of a hit-and-run in Orlando, the actions you take in the first hours directly affect your ability to recover compensation. Follow these steps in order.

1. Call 911 and report the accident. A police report is essential evidence. Give officers every detail you remember: the vehicle's color, make, model, license plate (even partial), direction of travel, and the time and location of the collision. Ask for the report number before officers leave.
2. Seek medical attention. Even if your injuries seem minor, get evaluated. Some injuries, particularly concussions and internal injuries, do not produce symptoms immediately. Medical records created on the day of the accident link your injuries directly to the hit-and-run.
3. Document everything at the scene. Take photos and video of your vehicle damage, the road, traffic signals, skid marks, debris, and your visible injuries. If there are businesses or homes nearby, note which ones may have surveillance cameras or Ring doorbells that captured the incident.
4. Collect witness information. If anyone saw the accident, get their name and phone number. Witness testimony can identify the fleeing driver and corroborate your account of the accident.
5. Check for dash cam footage. If your vehicle has a dash cam, preserve the footage immediately. If nearby vehicles were parked and may have dash cams running, note their license plates so law enforcement can contact the owners.
6. Notify your insurance company. Report the accident to your own insurer, but do not give a recorded statement before speaking with an attorney. You will need to file a UM claim, and your insurer will try to minimize the payout.
7. Contact a hit-and-run accident attorney. At Louis Berk Law, we send evidence preservation requests to nearby businesses for surveillance footage the same day you contact us. This footage is often overwritten within 24 to 72 hours, so timing is critical.

In cases our attorneys have handled in Orlando, surveillance footage from gas stations, parking lots, and residential Ring doorbells has been the evidence that identified the fleeing driver and transformed a UM claim into a full negligence lawsuit. In one case, our team secured a $350,000 recovery for a bicyclist who suffered a concussion and broken collarbone after being side-swiped by a fleeing motorist, using surrounding commercial surveillance footage to establish liability.

How to Recover Compensation After a Hit-and-Run

Florida is a no-fault state, which means your own insurance is the first source of coverage after any accident, including a hit-and-run. Here are your primary recovery paths.

1. Personal Injury Protection (PIP)

Your PIP coverage pays 80% of medical bills and 60% of lost wages, up to $10,000, regardless of who caused the accident. You must seek treatment within 14 days under §627.736 to preserve PIP benefits. PIP is your first line of coverage, but $10,000 is rarely enough for serious injuries.

2. Uninsured Motorist (UM) Coverage

A hit-and-run driver is treated as an uninsured motorist under Florida law. If you carry UM coverage, it steps in to cover damages beyond PIP: medical expenses, lost wages, and pain and suffering, up to your policy limits. Under §627.727, every Florida insurer must offer UM coverage. If you did not reject it in writing, you likely have it. Filing a UM claim means going against your own insurer, and our uninsured motorist attorneys handle that fight for you.

3. Direct Lawsuit Against the Identified Driver

If law enforcement identifies the hit-and-run driver, you can file a personal injury lawsuit directly against them. Criminal charges and a civil lawsuit can proceed simultaneously. A criminal conviction for leaving the scene creates strong evidence of negligence in the civil case.

4. Florida Crime Victim Compensation Fund

Because hit-and-run is a crime under Florida law, you may qualify for compensation from the Florida Bureau of Victim Compensation. This program provides compensation for medical expenses and other losses, with an enhanced award of up to $50,000 available when the injury meets Florida's statutory definition of a catastrophic injury. You must file a claim with the state attorney's office, and our attorneys can handle this filing on your behalf.

5. Other Potential Sources

Depending on the circumstances, additional compensation sources may include: your own umbrella insurance policy, Social Security Disability Insurance if injuries are permanently disabling, employer-provided disability insurance, and claims against third parties whose negligence contributed to the accident (e.g., a bar that overserved the fleeing driver under Florida's dram shop law).

Pedestrian and Cyclist Hit-and-Run Accidents

Pedestrians and cyclists are the most vulnerable victims of hit-and-run accidents. FLHSMV data shows that pedestrians and bicyclists accounted for 76% of hit-and-run fatalities in Florida in 2023. In Orlando, where pedestrian infrastructure is limited on many roads and cycling is growing, these cases are particularly common.

Pedestrian and cyclist hit-and-run victims often suffer the most severe injuries: traumatic brain injuries, spinal cord damage, multiple fractures, and fatal injuries. These victims may also face unique challenges in recovering compensation, since they may not carry their own auto insurance with UM coverage. In these cases, the household auto policy of a family member may provide UM coverage, and the Crime Victim Compensation Fund becomes an important additional source. Our pedestrian accident lawyer team handles these cases specifically.

How HB 837 Affects Hit-and-Run Cases

Florida's 2023 tort reform (HB 837) affects hit-and-run cases primarily when the fleeing driver is identified. The modified comparative negligence rule under §768.81(6) bars recovery if you are found 51% or more at fault. In hit-and-run cases, the at-fault driver's insurer may argue that you contributed to the accident through jaywalking (pedestrian cases), failure to signal (cyclist cases), or inattention.

The medical damages evidence rule under §768.0427 limits recoverable medical expenses to amounts actually paid, not billed. The statute of limitations is two years from the date of the accident under §95.11.

For UM claims (which are contract actions against your own insurer), the statute of limitations is five years under §95.11(2)(b). This longer deadline applies only to the contract claim, not to any direct negligence claim against the identified driver.

What Compensation Can You Recover?

Hit-and-run victims in Florida can recover compensation for the full range of damages caused by the accident, through one or more of the sources described above.

• Medical expenses: Emergency treatment, hospitalization, surgeries, rehabilitation, and ongoing care.
• Lost wages and earning capacity: Income lost during recovery and projected future losses if injuries prevent returning to work.
• Pain and suffering: Physical pain, emotional distress, anxiety, and loss of enjoyment of life.
• Property damage: Vehicle repair or replacement and damaged personal property.
• Punitive damages: Available if the driver is identified, since leaving the scene demonstrates the deliberate misconduct required for punitive damages under Florida law.
• Wrongful death damages: If the hit-and-run caused a death, the estate can pursue a wrongful death claim.

In one case, our team recovered $500,000 for a pedestrian who suffered multiple leg fractures and severe lacerations after an unidentified driver fled the scene on Colonial Drive in Orlando.

How Louis Berk Law Handles Hit-and-Run Cases

At Louis Berk Law, we start every hit-and-run case with two parallel tracks: investigating who caused the accident, and identifying every available source of compensation regardless of whether the driver is found.

We request surveillance footage from nearby businesses within hours of being retained, before the footage is overwritten. We work with law enforcement to share evidence and pursue leads. We review your insurance policy to identify all available UM coverage, including stacked policies and household vehicles. In one case, our team obtained full stacked UM policy benefits of $100,000 for a driver who sustained torn rotator cuff injuries after an unknown vehicle forced them off the road into a concrete barrier.

If the driver is identified, we pursue a full negligence lawsuit with the criminal record as evidence. If the driver is never found, we pursue your UM claim aggressively and file for Crime Victim Compensation Fund benefits on your behalf. Either way, our goal is to recover the maximum compensation available. If your situation involves a different type of injury, our car accident attorney in Orlando and personal injury attorney in Orlando can help, and you can review our case results to see how we have fought for Central Florida families.

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.