Orlando Hit-and-Run Accident Lawyer

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

If a driver hit you and left the scene in Orlando, you can still seek compensation. Your own uninsured motorist (UM) coverage is the main path when the at-fault driver is never found, and your personal injury protection (PIP) coverage pays part of your medical bills and lost wages regardless of who caused the crash. If the driver is later identified, a direct claim against that driver may also be available.

Nearly 25 percent of all crashes in Florida involve a hit-and-run, according to FLHSMV. Leaving the scene of a crash is a crime under §316.027.

At Louis Berk Law, our Orlando hit-and-run accident lawyers work on two tracks at once: identifying the driver, and identifying every source of compensation whether or not the driver is found. We review your own policies, investigate the crash, and handle your insurance company when it disputes your claim. If your crash involved a car, our car accident attorney in Orlando team can also review the claim.

Why Hit-and-Run Cases Are Legally Different in Florida

A hit-and-run case is different because the at-fault driver is unknown or has left the scene, so a claim against that driver's liability insurer is usually not available at the start. Your own insurance becomes the main route to compensation, and a direct negligence claim becomes available if the driver is identified.

Florida is a no-fault state. Your PIP coverage pays 80 percent of covered medical bills and 60 percent of lost wages, up to $10,000, under §627.736. PIP has a $10,000 limit, so injuries that exceed it are pursued through UM coverage or a claim against an identified driver.

What to Do Immediately After a Hit-and-Run in Orlando

Three things come first: reporting the crash to police, getting medical care, and preserving evidence before it is lost. 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 support 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 likely need to file a UM claim, and your insurer may try to minimize the payout.
7. Contact a hit-and-run accident attorney. Surveillance footage at nearby businesses is often overwritten on a regular cycle, so timing matters. Louis Berk Law can send evidence preservation requests to those businesses as soon as we are retained.

How Uninsured Motorist (UM) Coverage Applies to Hit-and-Run

UM coverage is usually the primary path to compensation when the at-fault driver flees and cannot be identified. Florida requires insurers to offer UM coverage under §627.727, and the coverage applies unless you rejected it in writing. Whether your particular hit-and-run qualifies depends on your policy's definitions and conditions, so we review the policy before we file.

Some policies set conditions for hit-and-run claims, such as physical contact with the unidentified vehicle or independent evidence that corroborates your account. Those conditions are set by the policy language. Section 627.727 does not list them, so we check the exact wording in your policy.

A UM claim is filed against your own insurer, which is why our uninsured motorist attorneys handle this path for hit-and-run victims.

Florida Hit-and-Run Statutes: §316.027 (Leaving Scene) and Penalties

Under §316.027, a driver who leaves the scene of a crash commits a felony when the crash causes injury, serious bodily injury, or death. The felony level depends on the outcome: third degree for injury, second degree for serious bodily injury, and first degree for death, which carries a four-year mandatory minimum prison term.

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Under §316.062, a driver involved in a crash must give their name, address, and vehicle registration number to anyone injured, and must render reasonable aid to an injured person, including arranging transport to medical care when it is apparent that treatment is necessary.

A criminal case against the driver and a civil injury claim proceed separately. We evaluate how the criminal case can be used as evidence in your civil claim, because that depends on the charges and the facts.

Common Injuries in Hit-and-Run Cases

Hit-and-run crashes often cause serious injuries, including traumatic brain injuries, spinal cord damage, fractures, and internal injuries. Some injuries, such as concussions, may not show symptoms right away, which is why a medical evaluation on the day of the crash matters.

In 2023, Florida recorded 271 hit-and-run fatalities. Of those, 159 were pedestrians and 47 were bicyclists, a combined 76 percent, according to FLHSMV. Pedestrians and bicyclists may not have their own auto policy, so a household auto policy of a resident family member may provide UM coverage, depending on its terms. Our pedestrian accident lawyer page covers these cases, and when head trauma is involved, our brain injury page covers those claims.

What Compensation Can I Recover Through a UM Claim?

A UM claim can recover the damages the at-fault driver would owe, up to the limits of your UM policy. Medical expenses and lost wages are recoverable under UM. Pain and suffering is limited: under §627.727(7), UM insurers do not pay pain and suffering damages unless the injury meets the permanent injury threshold in §627.737(2).

1. Personal Injury Protection (PIP)

Your PIP coverage pays 80 percent of covered medical bills and 60 percent 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 layer of coverage, but $10,000 is often not enough for serious injuries.

2. Uninsured Motorist (UM) Coverage

When the hit-and-run driver is never found, UM coverage can pay damages beyond PIP, up to your policy limits. Pain and suffering is recoverable only if the injury meets the threshold in §627.737(2), which covers significant and permanent loss of an important bodily function, permanent injury other than scarring or disfigurement, significant and permanent scarring or disfigurement, and death. Our uninsured motorist attorneys handle the claim against your own insurer.

3. Direct Lawsuit Against an Identified Driver

If law enforcement identifies the hit-and-run driver, you can file a personal injury lawsuit directly against them. A criminal case and a civil lawsuit can proceed at the same time, and we evaluate how the criminal case can be used as evidence.

4. Florida Crime Victim Compensation

The Florida Bureau of Victim Compensation, part of the Office of the Attorney General, provides financial assistance to victims of crimes, and a hit-and-run victim may qualify depending on the facts of the crash. Under §960.13(9)(a), an award may not exceed $25,000 for all compensable costs, or $50,000 when the department finds that the victim suffered a catastrophic injury as a direct result of the crime. The program also requires other available benefits, including automobile accident coverage, to be applied first. Claims begin with a claim form and proof of the crime, and our attorneys can help prepare the filing.

5. Other Potential Sources

Depending on the facts, other sources may include your umbrella insurance policy, a household auto policy that provides UM coverage, and claims against any third party whose negligence contributed to the crash. Each source depends on its own terms, so we review them one by one.

Compensation can cover the full range of damages caused by the accident, subject to the sources and limits 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: Recoverable under UM only when the injury meets the threshold in §627.737(2), and recoverable in a direct claim against an identified driver under the rules that apply to that claim.
• Vehicle damage: Generally handled under your own collision coverage, if you carry it.
• Wrongful death damages: If the hit-and-run caused a death, the estate may pursue a wrongful death claim.

How HB 837 Affects Hit-and-Run Cases

Florida's 2023 tort reform (HB 837) changed several rules that apply when the fleeing driver is identified. Under §768.81(6), a plaintiff found more than 50 percent at fault is barred from recovery. Under §768.0427, the evidence of medical expenses depends on whether the bills were paid or remain unpaid.

The deadline for a negligence claim against an identified driver is two years under §95.11(5)(a). A UM claim is an action on your insurance contract, and Florida law may apply the five-year period for written contracts in §95.11(2)(b) to it. Because the applicable deadline depends on how the claim is handled, we calendar the earlier two-year date from the accident.

How Louis Berk Law Investigates Hit-and-Run Cases (Preservation Letters)

Louis Berk Law investigates hit-and-run cases by preserving evidence first and identifying every available source of compensation at the same time. We send preservation letters to nearby businesses and property owners asking them to keep surveillance footage before it is overwritten, and we request traffic camera footage where it exists.

Our investigation also includes canvassing witnesses, collecting business and residential camera footage, including Ring doorbell video, and working with law enforcement to share evidence and pursue leads. We then review every policy that may cover you, including household policies, to identify the UM coverage available.

If the driver is identified, we pursue a negligence claim and evaluate the criminal case as evidence. If the driver is never found, we pursue your UM claim and evaluate a Crime Victim Compensation claim on your behalf. If your situation involves a different type of injury, our personal injury attorney in Orlando team can review it, and you can review our case results to see how we have handled Central Florida cases.

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.