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A Guide to Florida Hit-and-Run Accidents 

December 8, 2024 Legal Team

A hit-and-run accident occurs when a driver strikes another and flees the scene without stopping, reporting the incident, or remaining at the scene to provide assistance and share information. A victim of a hit-and-run accident may feel like they have no route forward. However, with the guidance of a hit-and-run attorney at Shapiro | Delgado, we can ensure you know your rights and understand your legal options for pursuing compensation. Call our Sarasota car accident attorney and Bradenton car accident attorney today.

Florida Hit-and-Run Accident Guide

Hit-and-Run Accidents Can Cause Serious Injury and Loss

Some people flee after a car accident because they are worried about their responsibility. Others may leave the scene if they do not know they struck someone or something. The Florida Highway Safety and Motor Vehicles Department shares that about 25% of all crashes in the state involve a hit-and-run driver. In 2023, 104,273 hit-and-run accidents occurred, resulting in 86,987 reports of vehicle damage. Additionally, 271 people died in such accidents, and 871 were seriously injured. The risk of complications from these accidents is very real as well. Those who survive may face years of financial loss due to changes in quality of life, ability to work, and health concerns. In every situation, it is critical for victims of a hit-and-run to hire a personal injury attorney to guide them.

Civil and Criminal Aspects of Hit-and-Run Accidents

Under Florida law, drivers must stop if there is a collision. If the driver does not, this leads to charges against that driver once the police determine who it is. The police will then file criminal charges against that person, which could include fines, jail time, and loss of driver’s license. This criminal action does not do anything to help the victim of such an accident. Filing a civil lawsuit can. Once the police determine who the at-fault party is, the victim may be able to pursue compensation against the at-fault driver for any losses they incurred. A civil lawsuit enables you, the victim, to see damages such as the following against those who are at fault:

  • Property damage
  • Medical expenses related to injuries
  • Lost wages and loss of earning capacity
  • Future medical losses and costs
  • Emotional distress
  • Pain and suffering

The key here is that a person must be found. In many areas of Florida, there are enough cameras and witnesses that can help the police track down what occurred. They also use other methods, such as speaking to repair shops about damage to vehicles coming in or discussing with patrons at local bars that may indicate a drunk driver of a vehicle matching the description recently left.

How Damages in a Hit-and-Run Accident Are Paid

When a hit-and-run accident occurs, the victim should:

  • Call the police immediately before leaving the scene
  • Get medical care for the injuries they or others have
  • File a police report that includes all information possible
  • Seek out the help of a hit-and-run attorney
  • Continue with all medical care and ongoing medical needs
  • Contact your insurance company to alert them to the accident – do not file a claim

During this time, the police will work to find the driver at fault. While this happens, our hit-and-run driver will work closely with you to build your case. That includes estimating your losses and finding all evidence available.

Filing a Claim with Your Insurance Company

Because Florida is a personal injury protection (PIP) state, you will need to file a claim with your PIP policy provider for the accident damages you have. You can file a claim documenting losses up to the value of your policy. Many times, this will cover much of your needs. However, it may not be enough in a serious accident. For this reason, we strongly encourage you not to file a claim until you speak to our legal team about your full losses.

Uninsured Motorist Coverage

If you have uninsured motorist coverage as a form of your car insurance, you are then able to use that policy to seek compensation for your damages. This is a policy you purchase that covers hit-and-run accidents. You can file a claim against the policy for up to the coverage limit – but you cannot file more than that. This can help to supplement the compensation you receive from PIP. However, it is critical, again, to realize that this may not be enough coverage. We encourage you not to file a claim against any policy without the guidance of a personal injury attorney. The insurance company’s sole goal is to reduce the compensation they pay to you.

What Happens if the Police Find the At-Fault Driver?

Under Florida insurance laws, the person causing the accident is not the initial party to pay for losses. Your health insurance and PIP coverage are often the starting point. However, in situations where there are catastrophic injuries or significant losses over and above this, you may be able to file a lawsuit against the at-fault driver once found. Again, it is critical to build your case here with evidence documenting all of your losses. Our attorneys will provide that to you. We can only seek compensation against an at-fault driver in some situations. Pain and suffering damages may be applicable in your case, for example, in situations such as:

  • There is a significant loss of ability to perform a bodily function directly caused by the accident
  • There is significant and irreversible scarring or disfigurement caused by the accident
  • The driver has serious and permanent injuries to a pre-existing condition due to the accident
  • The driver died as a result of the car accident

Let Our Personal Injury Attorneys Fight for You

In situations where you have serious injuries and losses after a hit-and-run accident, you need a diligent and experienced Florida car accident attorney. Contact Shapiro | Delgado now. Let us work hard to build a strong case for you, documenting all of your losses fully. Schedule a free consultation by giving us a call now. Our hit-and-run car accident attorney will fight for fair justice for you. If we do not win your case, you do not pay us a fee.