Steps To Take After a Hit-and-Run in Florida

When a driver is involved in a car accident, whether it involves another vehicle, a bicyclist, a motorcyclist, or a pedestrian, that driver has a duty under Florida law to stop, render assistance if anyone appears to be injured, and exchange basic information with the other parties involved. What the driver is not supposed to do is keep driving as if nothing had happened. This is what Florida law considers a “hit-and-run” accident.

Unfortunately, hit-and-run accidents are distressingly common. According to the Florida Department of Highway Safety and Motor Vehicles, there are about 103,000 hit-and-run accidents every year on the state’s roads. In 2022 alone there were 266 fatalities and 1,007 serious bodily injuries reported in hit-and-run crashes. Even though that means the majority of hit-and-run accidents were not serious, there can still be significant legal consequences if the driver who left the scene is later identified.

Conversely, if you are the victim, you may not know what to do after a hit and run. You may need emergency medical treatment. This can lead to substantial medical bills and other financial losses, such as missed pay if you need to take time away from your job to recover.

And in cases of serious injury or death, the victim or their family may be entitled to substantial compensation. But how does that work when, in most cases, the hit-and-run driver is never found?

Here are a few steps you should keep in mind should you ever find yourself in this position:

1. Get to Safety and Call the Police

The first thing you need to do after a hit-and-run is get yourself to safety. If you are in your car, pull over to the side of the road if it is safe to do so. If you are on a bicycle or foot, just try to get out of the street. Do not try and chase down the hit-and-run driver. You are not going to catch them, and the pursuit may only serve to make your injuries worse.

What you should do instead is use your phone to call the police. A police officer can come to the scene of your hit-and-run accident and prepare an official report. You will need a copy of this report for insurance and other legal purposes later.

2. Gather Information at the Scene

Assuming you do not need emergency medical attention, you should take the time to gather whatever information you can at the scene of your hit-and-run. Use your phone to take pictures or video of the accident site, including your vehicle. Document any visible injuries you sustained. If there were any other people who saw what happened, take down their names and contact information.

3. Get Medical Attention

Always get medical attention following a hit-and-run accident. Even if you “feel okay” and can get up and walk around without pain, that does not mean you escaped the accident unharmed. Many people make this mistake, only to later find out they sustained a serious or life-threatening injury, such as internal bleeding. Even if you do not take an ambulance to the emergency room, see your primary care physician or go to an urgent care clinic within a day of the accident.

One critical thing to keep in mind: If you want to seek medical benefits for treatment following a hit-and-run under your no-fault auto insurance policy, you must seek medical attention within 14 days of the accident.

4. Notify Your Insurance Company

On that note, if you are covered by a no-fault policy, make sure you promptly notify your insurance company of your hit-and-run accident.

Such notification is a mandatory precondition to receiving coverage. Remember, the policy is no-fault, so do not hesitate to make a report just because you think you might have been responsible for what happened.

5. Contact an Orlando Hit-and-Run Accident Attorney

Even if you have no-fault insurance, that does not mean your insurance company is on your side.

You may still find yourself having to fight for your right to receive coverage. You also should not discount or dismiss the possibility of identifying the hit-and-run driver, who can be held responsible if you suffered a serious injury or someone was killed in the accident. For these reasons and more, you need to strongly consider hiring an experienced Orlando hit-and-run accident lawyer who can assist you in helping you fight for the compensation that you deserve under Florida law.

Hit-and-Run Accidents and Uninsured Motorist Coverage

In addition to no-fault benefits, your auto insurance policy may also include uninsured motorist (UM) coverage. Such coverage is optional under Florida law, meaning you are not required to carry it. But if you do have UM coverage, it means that your insurance company effectively must assume legal responsibility for the hit-and-run driver’s actions in a personal injury lawsuit. In other words, instead of suing the unknown driver for any losses that exceed Florida’s no-fault threshold, you would instead sue your UM carrier.

What Are the Consequences for a Hit-and-Run Driver If Found?

Many hit-and-run drivers choose to flee because they fear getting in trouble, either with the victim in a civil lawsuit or with the police in a criminal investigation. But the reality is that you can still get in trouble if you are a hit-and-run driver who later is found. Leaving the scene of an accident is a criminal offense in Florida. The penalties vary based on the severity of the accident. In a hit-and-run that only resulted in property damage, the driver faces a second-degree misdemeanor charge with the possibility of up to 60 days in jail if convicted. If someone is seriously injured or killed, however, the hit-and-run driver faces potential felony charges and up to 30 years in prison if convicted.

Injured in a Hit-and-Run? JustCallMoe Today

A Florida hit-and-run accident is a sudden and traumatic event. The team at JustCallMoe understands that you are likely dealing with a significant amount of financial and emotional fallout.

That is why we strive to provide compassionate and professional representation. If you need legal advice following a hit-and-run, contact us today to schedule a case evaluation.