Few things are more frustrating and frightening than being injured by a driver who flees the scene without stopping. Hit and run accidents happen far too often in Miami and throughout South Florida...
Few things are more frustrating and frightening than being injured by a driver who flees the scene without stopping. Hit and run accidents happen far too often in Miami and throughout South Florida, leaving victims injured, confused, and wondering what options they have when the responsible driver disappears. The good news is that you may still have paths to compensation even if the hit and run driver is never found. Understanding your rights and acting quickly is essential.
Hit and Run Accidents in Florida: The Scope of the Problem
Florida consistently ranks among the worst states in the nation for hit and run accidents. According to AAA, Florida has had the highest number of hit and run fatalities in the country for years. In Miami-Dade County alone, hundreds of hit and run crashes occur annually, affecting pedestrians, cyclists, and other motorists.
Drivers flee accident scenes for many reasons: they may be intoxicated or under the influence of drugs, driving without a valid license or insurance, have outstanding warrants, or simply panic in the moment. Regardless of why they fled, leaving the scene of an accident causing injury is a felony in Florida, punishable by up to 5 years in prison.
While criminal penalties might provide some sense of justice, they don't pay your medical bills or compensate you for your injuries. That's why understanding your civil options is crucial.
Immediate Steps After a Hit and Run
The moments immediately after a hit and run are critical for preserving evidence and protecting your rights. Try to note as many details as possible about the fleeing vehicle: make, model, color, license plate (even a partial plate helps), direction of travel, and any distinguishing features. Ask witnesses if anyone saw more details or captured anything on their phone.
Call 911 immediately, even if your injuries seem minor. A police report is essential documentation, and officers may be able to locate the vehicle while it's still in the area. Many hit and run drivers are caught within hours when police broadcast descriptions.
Document the scene thoroughly with photos and videos. Capture your injuries, damage to your vehicle, the accident location, and any debris left by the fleeing vehicle. Look for nearby businesses that might have security cameras capturing the incident.
Seek medical attention promptly. As with any accident, you need to document your injuries within 14 days to preserve your PIP benefits, and prompt treatment creates a clear link between the accident and your injuries.
Insurance Options When the Driver Is Unknown
If the hit and run driver is never identified, you'll need to turn to your own insurance coverage for compensation. This is where Uninsured Motorist (UM) coverage becomes invaluable.
Uninsured Motorist coverage is designed to protect you when you're injured by a driver who either has no insurance or, as in hit and run cases, cannot be identified. If you carry UM coverage, you can file a claim with your own insurance company for medical expenses beyond your PIP limits, lost wages, pain and suffering, and other damages.
Unfortunately, Florida doesn't require drivers to carry UM coverage, so many drivers don't have it. If you don't have UM coverage and the hit and run driver isn't found, your options for compensation beyond PIP become very limited.
This situation illustrates why insurance experts strongly recommend Florida drivers purchase UM coverage. It's relatively inexpensive and can be the difference between full compensation and being left with mounting bills after a hit and run.
What If the Hit and Run Driver Is Found?
If the hit and run driver is identified—through witness information, security footage, license plate lookup, or police investigation—your situation improves significantly. Once identified, the driver faces both criminal charges for fleeing the scene and civil liability for your injuries.
You can pursue a claim against the driver's insurance if they have coverage. If they're uninsured or underinsured, your UM coverage can fill the gap. In some cases, you may also be able to pursue the driver personally for damages, though collecting from an individual without insurance can be challenging.
Police are often successful at tracking down hit and run drivers, especially when victims provide detailed information quickly. Surveillance cameras, forensic evidence like paint transfer, and witness tips all contribute to solving these cases.
Florida's Hit and Run Laws and Penalties
Florida takes hit and run accidents seriously, and the penalties are severe. Leaving the scene of an accident involving property damage is a second-degree misdemeanor (up to 60 days in jail, $500 fine). Leaving the scene of an accident involving injury is a third-degree felony (up to 5 years in prison, $5,000 fine). Leaving the scene of an accident involving death is a first-degree felony (up to 30 years in prison, $10,000 fine).
Additionally, convicted hit and run drivers face driver's license revocation for at least three years and potential civil liability beyond criminal penalties.
These penalties exist because fleeing an accident scene is incredibly dangerous. Victims may need immediate medical attention that's delayed when the driver flees. Evidence is harder to preserve. And many hit and run drivers have been drinking or using drugs, adding to the danger.
Maximizing Your Recovery After a Miami Hit and Run
Given the complexities of hit and run cases, working with an experienced personal injury attorney can make a significant difference in your recovery. An attorney can conduct a private investigation to identify the driver if police efforts are unsuccessful, maximize your recovery from available insurance coverage, handle negotiations with your own insurance company, which may try to minimize your UM claim, and explore all possible sources of compensation.
Remember that even though the hit and run driver may bear the most moral blame, recovering from your own insurance company isn't always straightforward. Insurance companies may dispute the extent of your injuries or whether the accident happened as you described. Having legal representation protects your interests.
Contact Emas Law Group Today
Being the victim of a hit and run accident is traumatic and frustrating, but you're not without options. Whether the driver is found or not, you may have paths to compensation through your own insurance coverage or by pursuing the identified driver. The key is acting quickly to preserve evidence, document your injuries, and understand your coverage. If you've been injured in a Miami hit and run accident, contact Emas Law Group for a free consultation. We'll review your options and fight to get you the compensation you deserve, even when the responsible driver fled.
Frequently Asked Questions
What if I don't have Uninsured Motorist coverage and the driver isn't found?
Without UM coverage and an unidentified driver, your options are unfortunately limited. Your PIP coverage will provide up to $10,000 for medical expenses and lost wages, but you won't be able to recover pain and suffering or damages beyond PIP. This is why we strongly recommend adding UM coverage to your policy.
How long do police investigate hit and run accidents?
Investigation length varies depending on available evidence. Some cases are solved within hours with good witness information, while others may take weeks or months. Felony hit and run cases involving serious injury typically receive more investigative resources than minor crashes.
Can I sue the hit and run driver after they're convicted criminally?
Yes, criminal conviction and civil liability are separate. A criminal conviction can actually help your civil case because the driver has already been found guilty of wrongdoing. You can pursue compensation through a civil lawsuit regardless of the criminal case outcome.
What if the hit and run driver has no insurance?
If the driver is identified but has no insurance, your UM coverage becomes critical. You can file a claim with your own insurance as if the driver were uninsured. You may also be able to sue the driver personally, though collecting from an uninsured individual can be difficult.