What Happens When You’re Hit by a Driver Who Flees the Scene in Florida
Being involved in a car accident is frightening on its own, but when the other driver speeds away without stopping, the situation becomes far more overwhelming. You are left at the scene, possibly injured, with no information about who caused the crash and no clear idea of where to turn. Florida sees nearly 25% of all traffic crashes involve a hit-and-run driver, which means this is not an uncommon experience for victims across the state.
Fortunately, you have legal options even when the at-fault driver is nowhere to be found. At The Law Offices of Scott Sobol, we represent hit-and-run accident victims throughout South Florida and help them understand every avenue available for recovery. Our car accident lawyer has over 20 years of experience and has handled more than 1,000 personal injury cases across the region, including cases in every circuit court in South Florida.
What Florida Law Says About Leaving the Scene
Florida law requires any driver involved in a crash that results in injury, death, or property damage to stop immediately, remain at the scene, and provide their information. Leaving is a criminal offense, and the penalties are serious.
According to the Florida Department of Highway Safety and Motor Vehicles, there were 104,273 hit-and-run crashes in Florida in 2023, resulting in 271 fatalities and 871 serious bodily injuries. Drivers who flee face penalties ranging from a second-degree misdemeanor for property damage to a first-degree felony when a fatality is involved, which can carry up to 30 years in prison. Despite these consequences, tens of thousands of drivers still choose to run every year.
Your Insurance Coverage When the Driver Is Gone
When the at-fault driver cannot be identified, your own insurance policy becomes your most immediate source of financial recovery. Florida is a no-fault state, so your Personal Injury Protection (PIP) coverage will apply to your medical expenses up to your policy limit, regardless of who caused the crash. However, PIP coverage is often not enough to cover serious injuries.
This is where uninsured motorist (UM) coverage becomes critical. UM coverage is designed to step into the role of an at-fault driver who either fled the scene or was never identified. If you carry this coverage, it can help pay for medical expenses beyond your PIP limits, lost wages, pain and suffering, and long-term rehabilitation. It is worth noting that even when filing a UM claim with your own insurer, the insurance company may still dispute the value of your injuries. Having an attorney on your side makes a significant difference in the outcome.
Steps to Take Right After a Hit-and-Run
The actions you take in the immediate aftermath of a hit-and-run can have a major impact on your ability to recover compensation. Taking the right steps quickly is essential to protecting your claim.
- Call 911 and report the crash as soon as it is safe to do so
- Photograph your vehicle, any debris, skid marks, and visible injuries
- Collect contact information from any witnesses at the scene
- Ask nearby businesses if they have security camera footage
- Avoid making recorded statements to any insurance company without legal counsel
A police report is not just a formality in a hit-and-run case. It is a foundational piece of evidence that every insurer and court will look to when evaluating your claim. Filing a report immediately gives investigators the best chance of identifying the driver before evidence disappears.
When the Driver Is Eventually Found
Many hit-and-run drivers are ultimately identified through traffic cameras, eyewitness accounts, vehicle debris, and law enforcement follow-up. If the driver is found, you are not limited to your insurance coverage. You have the right to pursue a direct lawsuit against them for all damages caused by the crash. In DUI accident cases, where a driver fled to avoid a drunk driving charge, courts may also award punitive damages on top of compensatory damages, which can significantly increase your total recovery.
Even in cases where the driver is never identified, we pursue every available avenue through your own coverage and applicable third-party claims to maximize what you receive.
Contact The Law Offices of Scott Sobol
Hit-and-run cases require fast action, thorough investigation, and a deep understanding of Florida’s insurance and personal injury laws. Scott Sobol has spent more than two decades fighting for injured clients across South Florida, and our firm works on a contingency fee basis, meaning you pay nothing unless we win. We handle everything from evidence gathering to negotiating with insurers so you can focus on your recovery.
If you were injured in a hit-and-run accident, time matters. Evidence fades quickly, and insurance deadlines can pass before you realize it. Reach out to our team today by filling out our contact form to schedule your free consultation and take the first step toward getting the compensation you deserve.
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