Being involved in a hit-and-run accident in Florida can be a terrifying and overwhelming experience. When a driver leaves the scene of an accident, it can feel like a betrayal, especially if you’re left with serious injuries or extensive damage to your vehicle. However, the legal system in Florida offers specific protections for victims of hit-and-run accidents, and understanding your rights can help you navigate this difficult time with confidence. Serrano Law is here to guide you through the steps you should take to protect your rights and pursue justice.
What is a Hit-and-Run in Florida? 
A hit-and-run occurs when a driver causes an accident and leaves the scene without exchanging information or offering assistance. In Florida, leaving the scene of an accident is a criminal offense, particularly if the accident results in personal injury or property damage. Drivers involved in a collision are legally required to stop, provide their information, and offer help to those who may be injured. Fleeing the scene can result in severe penalties, including license suspension and potential jail time, especially if the driver is caught later.
Florida law classifies hit-and-run accidents into two categories: one involving injury or death and one involving property damage only. The penalties vary depending on the severity of the incident, but regardless of the situation, the law offers victims ways to protect their rights.
Immediate Steps to Take After a Hit-and-Run Accident
After the shock of the accident wears off, it’s important to stay calm and take the necessary steps to protect yourself. The first few actions you take will play a significant role in the success of any legal claims you might file later.
1. Ensure Your Safety
The first priority after any car accident is ensuring your safety and the safety of others involved. If you’re able to, move your vehicle out of traffic to avoid additional collisions. Check for injuries, and if necessary, call 911 for medical help. Florida law requires you to call the police if anyone is injured or if there’s property damage exceeding $500.
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Michael Serrano
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2. Document Everything
If you’re physically able, take detailed notes about the accident. Try to remember as much as you can about the event, including the time, location, and any other vehicles or drivers involved. If you have a smartphone or camera, take photographs of the scene, including your vehicle’s damage and any road conditions or signs that might be relevant to the case.
3. Look for Witnesses
Witnesses can be invaluable in hit-and-run cases. If there are people nearby who saw the accident happen, ask for their contact information. Witnesses may be able to provide descriptions of the fleeing vehicle, including make, model, and color, which could help law enforcement identify the driver.
4. File a Police Report
It’s essential to file a police report immediately after the accident. When the driver flees, it may seem like there’s little hope of finding them, but the police report is an official document that will aid in the investigation. Officers will collect evidence, interview witnesses, and try to locate the responsible driver. The report will also be important when you contact your insurance company.
5. Contact Your Insurance Company
Even though the driver who caused the accident fled the scene, you are still required to report the incident to your insurance company. Florida law mandates that all drivers carry Personal Injury Protection (PIP) and Uninsured Motorist (UM) coverage. PIP will help cover medical expenses and lost wages, while UM coverage will provide additional financial support if the responsible driver is not found.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
6. Seek Medical Attention
If you sustained injuries in the accident, it’s critical to see a doctor as soon as possible. Even if you don’t feel pain right away, injuries from car accidents, especially whiplash or concussions, may not be immediately apparent. Prompt medical attention is important for both your health and any potential legal claims.
Legal Options Available to Hit-and-Run Victims
Florida’s legal system offers several options for those involved in a hit-and-run accident. While it’s always best to try to find the responsible driver, the state has safety nets for victims if the driver remains unidentified.
1. Uninsured Motorist (UM) Insurance
If the driver who hit you is not found, your Uninsured Motorist (UM) coverage may provide compensation for medical bills, lost wages, and other expenses related to the accident. This type of coverage is designed to protect drivers in situations where the responsible party either doesn’t have insurance or cannot be located.
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2. Personal Injury Protection (PIP)
In Florida, Personal Injury Protection (PIP) insurance is required for all drivers. PIP covers medical expenses up to a certain limit, regardless of fault. This means that if you’re injured in a hit-and-run accident, your PIP insurance will cover a portion of your medical costs, even if the responsible driver is not found.
3. Filing a Lawsuit
If the responsible driver is later identified, you may be able to file a lawsuit against them. In Florida, you can pursue damages for medical expenses, vehicle repairs, and pain and suffering. A lawsuit could also address any punitive damages if the driver’s actions were particularly egregious.
4. Law Enforcement’s Role in the Investigation
While it’s common for hit-and-run drivers to be difficult to track down, Florida law enforcement takes these cases very seriously. If the fleeing driver is caught, they could face serious criminal penalties, including fines and jail time. Additionally, if the driver is found to have insurance, they may be required to cover your damages, including those for pain and suffering.
Working with a Florida Personal Injury Lawyer
Navigating a hit-and-run case can be overwhelming, especially when you’re dealing with insurance companies, medical bills, and the potential for long-term injury. Having an experienced Florida personal injury lawyer on your side can make all the difference.
A lawyer can help you:
- Investigate the Incident: Your lawyer can work with law enforcement and private investigators to track down the responsible driver.
- Negotiate with Insurance Companies: Insurance companies often try to minimize the amount they pay out, but a lawyer can ensure that you receive the compensation you deserve.
- File Legal Claims: If the driver is found, your lawyer can assist with filing a civil lawsuit to seek compensation for damages not covered by insurance.
The Importance of Hiring an Experienced Lawyer
Florida law is complex, and every case is unique. An experienced personal injury lawyer, like those at Serrano Law, can help you understand your rights, explore all legal options, and ensure that you’re fully compensated for any damages or injuries.
If you’ve been the victim of a hit-and-run accident in Florida, it’s important to act quickly and take the right steps to protect your rights. From contacting the police and gathering evidence to contacting your insurance company and working with a lawyer, there are steps you can take to help ensure you are compensated for your damages. Serrano Law offers free consultations and is here to help you navigate the legal process after a hit-and-run accident. With the right legal assistance, you can ensure your rights are protected and that you receive the compensation you deserve.