What to Do After a Hit-and-Run in Florida
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If you're the victim of a hit-and-run accident in Florida, you should pull off to the side of the road immediately and call the police. Do not try to pursue the person who hit you. Instead, take note of any identifying details that could help police track down the other driver.
It's a good idea to alert your car insurance and file a claim as soon as you can if possible. You should also visit a doctor if you were in the car at the time of the collision, even if you aren't visibly injured.
What to do when you're the victim of a hit-and-run in Florida
If you're the victim of a hit-and-run, your first concern should be making sure everyone in your car is safe. Your next step should be to move your car to the side of the road and call the police.
You should never go after someone who has committed a hit-and-run. The dangers of a car chase far outweigh the benefits of identifying the person. But it's a good idea to note every detail you can about the accident, including the following:
- Car make, model and color
- Unique or identifying marks on the car, like bumper stickers or dents
- License plate number
- Driver's appearance
- The circumstances of the crash
Do your best to gather information, even if the other car has already fled. For example, look for a piece of their car that has broken off, such as a mirror or bumper. You should also ask nearby businesses if they have security cameras that may have video of the crash. When the police arrive, they'll likely ask you for the same information.
What to do after the accident
For the most part, the steps you'll take after a hit-and-run are similar to what you should do after an accident. Contact your insurance company with a copy of the police report and begin the process of making an insurance claim. Meanwhile, the police will investigate the hit-and-run to try to find the driver.
What kinds of insurance cover hit-and-runs in Florida?
There are several kinds of car insurance in Florida that may help pay for damages if you're the victim of a hit-and-run. What you will use depends on the circumstances of the crash and your policy.
Collision coverage will cover any damage to your car, regardless of whether you identify the driver. If the driver comes forward or is caught, you can also file a claim with their liability coverage.
Collision coverage often makes sense if you have a newer or more expensive car.
According to Florida law, you can file a claim under uninsured or underinsured motorist coverage. You may also file a claim with your uninsured motorist policy if the other driver doesn't have insurance.
You have to buy personal injury protection (PIP) insurance if you live in Florida. It will pay for medical costs resulting from the accident. You must also buy property damage liability (PDL) insurance, which pays for damage caused by your vehicle to another person's property.
Both collision or uninsured motorist coverage are optional, while PIP is not.
This means that if you aren't able to find the person who hit you, or you only have the minimum required coverage levels for Florida, you'll likely have to pay for the repairs to your car out of pocket, since your PDL insurance only covers damage caused by you to other cars.
Form of insurance | Can I make a claim? |
|---|---|
| Collision | Yes |
| Personal injury protection | Yes |
| Uninsured or underinsured motorist | Yes |
| Liability (the other driver's policy) | Only if the driver who hit you is found |
| Comprehensive | No |
| Property damage liability | No |
What qualifies as a hit-and-run in Florida?
In Florida, a hit-and-run occurs when someone hits another person with their car and flees the scene without exchanging contact and insurance information. You must remain at the scene and give this information whether the other person is a passenger, pedestrian or cyclist.
- Name
- Address
- Vehicle registration number
- Driver's license or permit, if available
Florida law also requires drivers to give their license to police on the scene and offer "reasonable aid," if necessary. This might include physically carrying an injured person away from the crash, calling 911 or transporting someone to the hospital.
A driver who fails to do any of the above before leaving the scene of an accident could be charged with a hit-and-run.
Consequences of a hit-and-run
The legal consequences for committing a hit-and-run in Florida depend on whether someone was injured or killed. If the accident damages property only, including cars, other private property (like a fence) or public property (like a street sign), it's a second-degree misdemeanor. This usually includes hitting a parked car. Drivers who are caught face a maximum penalty of 60 days in jail, six months of probation and a fine of up to $500.
What charge is a hit-and-run in FL?
If a driver injures someone in a hit-and-run, it can be a second- or third-degree felony. A felony hit-and-run in Florida carries bigger penalties: up to five years in prison and a $5,000 fine. Plus, their driver's license will be taken away for at least three years.
Finally, if someone is killed as a result of a hit-and-run in Florida, the penalties are even stricter. If convicted of a fatal hit-and-run, a first-degree felony, the driver will get between four and 30 years in prison, and a $10,000 fine. They will also lose their license for three years or more.
Frequently asked questions
What should you do after a hit-and-run in Florida?
You should always report a hit-and-run to the police, especially if there are injuries involved or vehicle damage. After you've made your report, it's a good idea to file a claim with your car insurance company.
Is a hit-and-run a felony in FL?
A hit-and-run can be a felony in Florida if you injure or kill someone. However, you'll only be charged with a misdemeanor penalty for a hit-and-run crime if the damage is limited to property.
What is the law on hit-and-run accidents in Florida?
In 2014, the Florida State Legislature passed the Aaron Cohen Life Protection Act, which increased the consequences for committing a hit-and-run. Hit-and-run charges range from a fine to 30 years in jail, depending on how severe the crash was and other factors, such as whether you fled the scene of the accident or if you were intoxicated at the time of the crash.
Keep in mind that even if you stop and talk to the driver of the car you hit, you can still be charged with a hit-and-run if you refuse to give them your personal information, such as your name and insurance details.
Sources
Information used came from the Florida State Legislature and the Florida Department of Financial Services.
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