Hit-and-run accidents are unfortunately common on Florida’s busy roadways. When a driver flees the scene of a crash without stopping to exchange information or help an injured person, it leaves victims in a vulnerable and stressful situation. Beyond the physical injuries and property damage, victims face the added frustration of not knowing who was responsible.
At Sahil Vijay Law, PLLC, we know how devastating these cases can be for Florida drivers, passengers, pedestrians, and cyclists. This guide explores your legal options and remedies after a hit-and-run accident in Florida, including how state law treats these incidents, what steps you should take, and how an experienced attorney can protect your rights.
In Florida, leaving the scene of an accident is a crime under Florida Statutes §316.061–316.063. Drivers involved in a crash are legally required to:
Stop at the scene of the accident.
Provide their name, address, and vehicle registration.
Show their driver’s license if requested.
Render “reasonable assistance” if someone is injured, including calling for medical help.
Failing to do so is considered a hit-and-run, and penalties vary depending on the severity of the crash:
Property Damage Only: Misdemeanor offense punishable by up to 60 days in jail and fines up to $500.
Injury: Felony of the third degree, punishable by up to 5 years in prison and a $5,000 fine.
Serious Bodily Injury: Felony of the second degree, punishable by up to 15 years in prison and a $10,000 fine.
Fatality: Felony of the first degree, punishable by up to 30 years in prison and a $10,000 fine.
These penalties apply to the fleeing driver. But for victims, the real concern is often how to recover compensation when the responsible party cannot be immediately identified.
If you are the victim of a hit-and-run accident in Florida, your safety and ability to recover compensation depend on the actions you take right away:
Call 911: Report the crash immediately so law enforcement can begin investigating.
Seek Medical Attention: Even if injuries seem minor, medical records are critical for both your health and your legal claim.
Document the Scene: Take photos of vehicle damage, debris, skid marks, and any visible injuries.
Gather Witness Information: Eyewitnesses may provide crucial details about the fleeing vehicle.
Write Down Details: Record anything you remember about the other vehicle—make, model, color, license plate digits.
Notify Your Insurance Company: Florida’s no-fault insurance laws mean your insurer is usually the first source of coverage.
Florida is a no-fault insurance state, meaning every driver must carry Personal Injury Protection (PIP) insurance. After a hit-and-run:
PIP Coverage: Pays for up to 80% of medical expenses and 60% of lost wages, up to $10,000, regardless of who was at fault.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: If you purchased this optional coverage, it may apply to hit-and-run accidents since the fleeing driver is treated as “uninsured.”
Collision Coverage: If included in your policy, this may pay for vehicle repairs when the at-fault driver cannot be identified.
Unfortunately, many victims quickly realize that PIP coverage is limited. That’s why exploring additional remedies with the help of a lawyer is so important.
Even though the at-fault driver fled, you still have several legal options:
Your first step is to pursue coverage through PIP and, if available, UM/UIM policies. An attorney can help negotiate with your insurer to maximize your benefits.
If law enforcement identifies the hit-and-run driver, you may file a personal injury lawsuit seeking damages for:
Medical expenses (past and future)
Lost income and reduced earning capacity
Pain and suffering
Emotional distress
Property damage
Florida’s Victim Compensation Program, administered by the Florida Attorney General’s Office, may provide limited financial help to hit-and-run victims who meet eligibility requirements.
In certain cases, courts may award punitive damages to punish reckless or malicious conduct—such as intentionally fleeing the scene.
Recovering compensation in a hit-and-run accident is often more complex than in other auto accidents. Some challenges include:
Identifying the Driver: Without witnesses, surveillance footage, or law enforcement leads, the at-fault driver may never be found.
Insurance Disputes: Insurers may deny or undervalue UM/UIM claims.
Limited Compensation: PIP benefits are capped, leaving victims with uncovered expenses.
These hurdles make it critical to have a skilled Florida personal injury attorney who understands both insurance law and trial litigation.
At Sahil Vijay Law, PLLC, we are committed to protecting the rights of hit-and-run victims throughout Florida. Here’s how we can help:
Investigating the Accident: We work with police, review traffic camera footage, and interview witnesses to help identify the fleeing driver.
Maximizing Insurance Claims: Our team negotiates aggressively with insurers to ensure you receive every dollar available under your policy.
Pursuing Litigation: If the driver is identified, we can file a lawsuit to hold them accountable.
Exploring All Remedies: From state victim compensation funds to uninsured motorist coverage, we leave no option unexplored.
Compassionate Advocacy: We understand the stress these accidents cause and provide guidance every step of the way.
You may still recover through PIP benefits and uninsured motorist coverage if you have it.
Florida’s statute of limitations for personal injury cases is generally two years from the date of the accident. However, insurance claims often have much shorter deadlines.
Yes, but Florida’s no-fault system requires injuries to be “serious” before you can step outside PIP and sue the other driver. An attorney can assess whether your injuries qualify.
A hit-and-run accident in Florida can leave you feeling helpless—but you are not without options. From leveraging your insurance coverage to pursuing litigation and compensation programs, victims can still seek justice and financial recovery.
At Sahil Vijay Law, PLLC, we fight tirelessly to ensure victims of hit-and-run accidents are not left to bear the burden alone. If you or a loved one has been involved in a hit-and-run, contact us today for a consultation and let us help you explore every legal option available.
Disclaimer: This article provides general information and should not be construed as legal advice. You should consult with an attorney for guidance on their specific circumstances.
If you would like to speak to an attorney at Sahil Vijay Law, PLLC, please click here.
Hit-and-run accidents are unfortunately common on Florida’s busy roadways. When a driver flees the scene of a crash without stopping to exchange information or help an injured person, it leaves victims in a vulnerable and stressful situation. Beyond the physical injuries and property damage, victims face the added frustration of not knowing who was responsible.
At Sahil Vijay Law, PLLC, we know how devastating these cases can be for Florida drivers, passengers, pedestrians, and cyclists. This guide explores your legal options and remedies after a hit-and-run accident in Florida, including how state law treats these incidents, what steps you should take, and how an experienced attorney can protect your rights.
In Florida, leaving the scene of an accident is a crime under Florida Statutes §316.061–316.063. Drivers involved in a crash are legally required to:
Stop at the scene of the accident.
Provide their name, address, and vehicle registration.
Show their driver’s license if requested.
Render “reasonable assistance” if someone is injured, including calling for medical help.
Failing to do so is considered a hit-and-run, and penalties vary depending on the severity of the crash:
Property Damage Only: Misdemeanor offense punishable by up to 60 days in jail and fines up to $500.
Injury: Felony of the third degree, punishable by up to 5 years in prison and a $5,000 fine.
Serious Bodily Injury: Felony of the second degree, punishable by up to 15 years in prison and a $10,000 fine.
Fatality: Felony of the first degree, punishable by up to 30 years in prison and a $10,000 fine.
These penalties apply to the fleeing driver. But for victims, the real concern is often how to recover compensation when the responsible party cannot be immediately identified.
If you are the victim of a hit-and-run accident in Florida, your safety and ability to recover compensation depend on the actions you take right away:
Call 911: Report the crash immediately so law enforcement can begin investigating.
Seek Medical Attention: Even if injuries seem minor, medical records are critical for both your health and your legal claim.
Document the Scene: Take photos of vehicle damage, debris, skid marks, and any visible injuries.
Gather Witness Information: Eyewitnesses may provide crucial details about the fleeing vehicle.
Write Down Details: Record anything you remember about the other vehicle—make, model, color, license plate digits.
Notify Your Insurance Company: Florida’s no-fault insurance laws mean your insurer is usually the first source of coverage.
Florida is a no-fault insurance state, meaning every driver must carry Personal Injury Protection (PIP) insurance. After a hit-and-run:
PIP Coverage: Pays for up to 80% of medical expenses and 60% of lost wages, up to $10,000, regardless of who was at fault.
Uninsured/Underinsured Motorist (UM/UIM) Coverage: If you purchased this optional coverage, it may apply to hit-and-run accidents since the fleeing driver is treated as “uninsured.”
Collision Coverage: If included in your policy, this may pay for vehicle repairs when the at-fault driver cannot be identified.
Unfortunately, many victims quickly realize that PIP coverage is limited. That’s why exploring additional remedies with the help of a lawyer is so important.
Even though the at-fault driver fled, you still have several legal options:
Your first step is to pursue coverage through PIP and, if available, UM/UIM policies. An attorney can help negotiate with your insurer to maximize your benefits.
If law enforcement identifies the hit-and-run driver, you may file a personal injury lawsuit seeking damages for:
Medical expenses (past and future)
Lost income and reduced earning capacity
Pain and suffering
Emotional distress
Property damage
Florida’s Victim Compensation Program, administered by the Florida Attorney General’s Office, may provide limited financial help to hit-and-run victims who meet eligibility requirements.
In certain cases, courts may award punitive damages to punish reckless or malicious conduct—such as intentionally fleeing the scene.
Recovering compensation in a hit-and-run accident is often more complex than in other auto accidents. Some challenges include:
Identifying the Driver: Without witnesses, surveillance footage, or law enforcement leads, the at-fault driver may never be found.
Insurance Disputes: Insurers may deny or undervalue UM/UIM claims.
Limited Compensation: PIP benefits are capped, leaving victims with uncovered expenses.
These hurdles make it critical to have a skilled Florida personal injury attorney who understands both insurance law and trial litigation.
At Sahil Vijay Law, PLLC, we are committed to protecting the rights of hit-and-run victims throughout Florida. Here’s how we can help:
Investigating the Accident: We work with police, review traffic camera footage, and interview witnesses to help identify the fleeing driver.
Maximizing Insurance Claims: Our team negotiates aggressively with insurers to ensure you receive every dollar available under your policy.
Pursuing Litigation: If the driver is identified, we can file a lawsuit to hold them accountable.
Exploring All Remedies: From state victim compensation funds to uninsured motorist coverage, we leave no option unexplored.
Compassionate Advocacy: We understand the stress these accidents cause and provide guidance every step of the way.
1. What if the driver is never found?
You may still recover through PIP benefits and uninsured motorist coverage if you have it.
2. How long do I have to file a claim?
Florida’s statute of limitations for personal injury cases is generally two years from the date of the accident. However, insurance claims often have much shorter deadlines.
3. Can I sue if I only had minor injuries?
Yes, but Florida’s no-fault system requires injuries to be “serious” before you can step outside PIP and sue the other driver. An attorney can assess whether your injuries qualify.
A hit-and-run accident in Florida can leave you feeling helpless—but you are not without options. From leveraging your insurance coverage to pursuing litigation and compensation programs, victims can still seek justice and financial recovery.
At Sahil Vijay Law, PLLC, we fight tirelessly to ensure victims of hit-and-run accidents are not left to bear the burden alone. If you or a loved one has been involved in a hit-and-run, contact us today for a consultation and let us help you explore every legal option available.
Disclaimer: This article provides general information and should not be construed as legal advice. You should consult with an attorney for guidance on their specific circumstances.
If you would like to speak to an attorney at Sahil Vijay Law, PLLC, please click here.
424 E Central Blvd
Unit 651
Orlando, FL 32801
A transactional law firm headquartered in Orlando, Florida.
