In Florida, hit-and-run is a crime with penalties ranging from misdemeanors to felonies. To prove it, gather witness statements, surveillance footage, and a police report. Victims must seek medical care within 14 days to claim compensation under Florida’s no-fault insurance law.
Hit-and-run accidents in Florida leave many victims feeling powerless. Whether your parked car was hit or you were injured as a pedestrian, understanding how Florida law protects your rights is key.
You’ll learn how to prove a hit-and-run, what happens if someone flees the scene, what the 14-day medical rule means for your case, and what compensation you’re legally entitled to, even if the driver is never found.
What Counts as a Hit-and-Run in Florida?
Legal Definition & Scenarios You Might Not Expect
A hit-and-run occurs when a driver involved in a motor vehicle accident fails to stop and exchange information, render aid if needed, or report the incident to law enforcement. In Florida, this legal definition extends to any incident involving property damage, injury, or death, even if the damage isn’t immediately visible.
This means:
- Backing into a parked car and leaving without a note or report counts.
- Clipping a cyclist or pedestrian, even if they seem uninjured, qualifies.
- Driving away after damaging a mailbox or fence also fits the definition.
Intent does not erase liability. Even if a driver claims they “didn’t realize” the damage occurred, they can still face charges.
Why Drivers Leave the Scene
When people flee after a car accident, it’s rarely because they don’t care, it’s usually because they panic. In Florida, we often see drivers leave because:
- They’re under the influence and fear a DUI charge.
- Their driver’s license is suspended or expired.
- They lack liability insurance, registration, or a valid license.
- They’re undocumented or have open warrants and fear legal or immigration consequences.
- They’re driving a rented, stolen, or borrowed vehicle without permission.
These scenarios complicate your recovery as the victim, especially if the at-fault driver can’t be located.
What Happens If You Hit-and-Run in Florida?
Legal Penalties by Severity
Florida has strict consequences for leaving the scene of an accident. The penalties depend on the outcome of the crash:
Misdemeanor (Property Damage Only)
- Up to 60 days in jail
- $500 fine
- Possible license suspension
Felony (Injury or Death Involved)
- Up to 5 years in prison for injury
- Up to 30 years if the crash caused death
- Mandatory minimum 4 years if someone dies (under the Aaron Cohen Life Protection Act)
- Fines up to $10,000
- Automatic license revocation for at least 3 years
These are criminal offenses, and they stack. If a driver was intoxicated, used fake plates, or fled a second time after being identified, prosecutors can pursue multiple felony charges.
Criminal vs. Civil Liability
The criminal case belongs to the state. Whether you press charges or not, the district attorney can pursue prosecution if there’s evidence.
But as a victim, your civil rights are separate. You have the ability to file a lawsuit against the at-fault driver, even if they face jail time. In fact, filing civil action may be your only way to recover compensation for:
- Medical bills
- Lost wages
- Property damage
- Scarring or disfigurement
- Pain and suffering
How to Prove a Hit-and-Run in Florida
Proving fault when the other driver flees isn’t always easy. But certain steps can dramatically improve your chances. Here’s what helps:
- Police report: File it immediately, even if the damage seems minor.
- Dash cam or surveillance footage: Nearby businesses, homes, and intersections often capture accidents.
- Photos: Skid marks, dents, debris, and injuries all tell the story.
- Witness statements: A stranger who saw what happened may offer key testimony.
- Physical evidence: Paint transfers, car parts left behind, or tire impressions can all be traced.
The more evidence you preserve, the more leverage you’ll have during your insurance claim or personal injury lawsuit.
When to File a Police Report, and Why It Matters
Florida law requires that you report any accident causing over $500 in damage within 10 days. More importantly, your insurance company and legal team need this report to move forward.
If you skip this step, your insurance provider might deny the claim, or worse, suggest you fled the scene.
If you’re unsure how to file correctly, the Applebaum Accident Group can walk you through it and connect you to legal professionals who will make sure every document is in order.
What to Do After a Hit-and-Run Accident
Step-by-Step Actions for Victims
If you’ve just been involved in a hit-and-run accident in Florida, the moments that follow are critical, not just for your health but for your legal and financial recovery. Here’s how to respond:
- Call 911 immediately. Even if injuries appear minor or you’re unsure of the extent of damage, emergency services should be your first call.
- Seek medical attention on the scene or shortly after. Many injuries worsen with time, and your eligibility for personal injury protection (PIP) coverage depends on timely care.
- Photograph everything. Vehicle damage, road debris, injuries, skid marks, the surrounding area, these visual details can later support both an insurance claim and a personal injury case.
- Gather witness information. Names, contact numbers, or even casual observations can become pivotal.
- Report the incident to your insurance provider as soon as you’re safe and able.
Don’t underestimate the value of documentation. Keep copies of medical records, accident reports, and every communication with your insurer or law enforcement.
What NOT to Do
The wrong response can hurt your ability to recover compensation, or even result in legal trouble. Avoid these missteps:
- Do not chase the fleeing driver. It’s unsafe and could expose you to liability or further harm.
- Don’t delay medical treatment. Waiting can disqualify your eligibility under Florida’s 14-day PIP rule.
- Don’t ignore your mental health. Psychological trauma, like PTSD, anxiety, or fear of driving, can and should be part of your claim. Document it with a licensed provider.
What if the police didn’t take your case seriously?
This is, unfortunately, a reality for many hit-and-run victims. If law enforcement downplays the incident, follow up with a written statement, ask to speak with a supervisor, and retain legal representation. An attorney can formally request evidence, communicate with insurance companies, and escalate the investigation if necessary. If you need support now, the Applebaum Accident Group can connect you with a team that listens, and acts.
The 14-Day Rule in Florida: What It Means for You
Florida law requires you to receive medical treatment within 14 days of a car accident to qualify for personal injury protection (PIP) benefits. This rule applies whether the accident involved a hit-and-run or a known driver. Miss this window, and you risk forfeiting thousands in medical coverage.
Understand it better here👉 Florida 14-Day Accident Law | What You Need To Know
This also means:
- Emergency room visits, chiropractic care, or urgent care treatment must happen quickly.
- You need to be diagnosed with an Emergency Medical Condition (EMC) to access the full $10,000 in PIP benefits. Without an EMC, PIP may be capped at $2,500.
Symptoms like dizziness, neck pain, headaches, or emotional distress may not seem serious right away, but if you wait to get treated, your insurance company may claim you’re exaggerating or unrelated to the crash.
What You’re Entitled To as a Hit-and-Run Victim
No-Fault (PIP) Insurance Coverage
Florida operates under a no-fault system, meaning your own insurance policy pays medical bills and lost wages, regardless of who caused the accident.
PIP covers:
- Up to 80% of medical expenses
- Up to 60% of lost income
- Some rehabilitation and transport costs
Coverage applies whether you were the driver, a passenger, or even a pedestrian, as long as you act within the 14-day window.
Uninsured Motorist (UM) & Health Insurance
If the at-fault driver is never located, uninsured motorist (UM) coverage steps in, but only if you opted into it. Sadly, many Floridians don’t realize they’ve declined this in their policies until it’s too late.
UM can pay for:
- Extended medical care beyond PIP limits
- Pain and suffering
- Long-term therapy, disability, or rehabilitation
Health insurance may supplement care, but deductibles, co-pays, and uncovered treatments often leave victims paying out of pocket. This is where having an attorney on your side can mean the difference between partial recovery and full compensation.
When You Can File a Lawsuit
If the hit-and-run driver is identified, even weeks or months later, you can pursue a civil lawsuit to recover damages not covered by PIP or UM.
You may be eligible to claim:
- Full medical expenses and future care
- Pain and suffering, including emotional trauma
- Lost wages and reduced earning capacity
- Punitive damages for reckless or malicious behavior
The Applebaum Accident Group works with clients to understand what paths to compensation are still open, and helps them get matched with attorneys who don’t treat their cases like a file number.
Questions About Florida Hit-and-Run Laws
Can I be charged if I didn’t know I hit someone?
Answer: Yes. Florida law doesn’t require malicious intent for a hit-and-run charge. If your vehicle made contact, even lightly, with another car, pedestrian, or object, you’re legally obligated to stop and assess the situation. Claiming ignorance after the fact doesn’t erase liability, especially if evidence shows your car caused damage or injury. Even low-speed impacts can result in property damage or hidden injuries.
What if I left a note but didn’t call police?
Answer: Leaving a note isn’t enough. Florida law requires drivers to report accidents involving injury, death, or property damage exceeding $500 to law enforcement within 10 days. If you don’t make that report, your act may still be treated as leaving the scene of an accident, a criminal offense. A note may help your case later, but it doesn’t fulfill legal reporting duties.
Will my premiums go up even if I wasn’t at fault?
Answer: Insurance companies evaluate risk, not just blame. Even if you’re the victim in a hit-and-run, your insurer may still raise your rates, particularly if a claim is filed under your personal injury protection (PIP) or uninsured motorist (UM) coverage. That’s why having thorough documentation and legal support matters. It helps your claim stay clean and defensible.
Can I crowdsource help or GoFundMe without hurting my case?
Answer: Yes, you can, but proceed carefully. Public fundraising can create complications if not managed properly. Avoid suggesting fault or downplaying your injuries in your campaign description. Defense attorneys and insurance adjusters may use those public statements to discredit your claim. An attorney can help you review your language to avoid unintended consequences.
What if the other driver was drunk but fled?
Answer: If the at-fault driver was under the influence and fled the scene, your civil case may be stronger. DUI hit-and-runs often result in punitive damages, which go beyond compensation and are intended to punish egregious behavior. Even if the driver is never criminally charged, you can still pursue a civil lawsuit, especially with the support of a firm experienced in serious motor vehicle accident claims.
Emotional & Legal Support After the Crash
PTSD and Anxiety After a Hit-and-Run
The psychological toll of a hit-and-run is often overlooked, but it’s just as real as physical injury. Many victims experience:
- Hypervigilance behind the wheel
- Nightmares or sleep disruptions
- Generalized anxiety, depression, or fear of driving
Mental health symptoms may not show up immediately, but they’re medically valid and legally compensable. To support your claim:
- Seek care from a licensed therapist or psychologist
- Document how your daily life has changed
- Get an official diagnosis tied to the crash
Attorneys can include emotional distress in your claim, and medical records strengthen your case significantly.
Need Help Navigating a Hit-and-Run?
Applebaum Accident Group exists for victims who feel overwhelmed, dismissed, or unsure of where to turn. Our team connects you with trusted attorneys and medical professionals who will take your case, and you, seriously.
📞 855-225-5728 | Request Your Free Consultation Now
With Applebaum Accident Group, you gain access to Florida’s top legal and medical networks, without the stress or confusion. We help you move forward with confidence, clarity, and the support you need.
