Florida Hit-and-Run Accident Lawyer
Injured by a driver who left the scene? We help preserve evidence, identify available insurance, document losses, and pursue a Florida injury claim — even if the driver is never found
Quick Answer
Can you still have a claim if the hit-and-run driver is never found?
Yes, potentially. Personal Injury Protection (PIP) may provide qualifying first-party benefits, uninsured motorist (UM) coverage may provide compensation for bodily injury, and collision coverage may address vehicle damage. If no UM applies, the available recovery may be much more limited
When should you speak with a Florida hit-and-run lawyer?
Early legal review is especially useful when injuries are serious, UM coverage is unclear, the insurer disputes the crash, several policies may apply, or video and witness evidence may disappear
Florida law: injury and fatal hit-and-run crashes are addressed by Florida Statute § 316.027; property-damage-only crashes are addressed separately by Florida Statute § 316.061
What should you do after a Florida hit-and-run?
Get to safety, report the crash, and preserve what you can before video, witnesses, or physical evidence disappear. Do not chase the fleeing vehicle
Call 911 and report the fleeing vehicle
Give the direction of travel, vehicle description, full or partial plate, visible damage, and any driver description you remember. Save the crash report number
Get medical care and keep the records
Seek emergency care when needed and follow up for new or worsening symptoms. Qualifying Florida PIP medical benefits generally require initial services and care within 14 days
Photograph the scene and identify cameras
Photograph vehicle damage, debris, paint transfer, roadway markings, nearby cameras, and damaged personal property before conditions change
Notify the insurer without guessing
Report that the other driver left the scene and obtain a claim number. Avoid guessing about speed, distance, fault, or prognosis
Which insurance and other compensation sources may apply after a Florida hit-and-run?
Coverage depends on the injured person’s status, the policies in force, and whether the fleeing vehicle is later identified
Personal Injury Protection (PIP)
PIP generally pays 80% of qualifying medical expenses and 60% of qualifying lost income or loss of earning capacity caused by the injuries, subject to statutory rules. Initial care generally must occur within 14 days. The statutory limit for medical and disability benefits is generally $10,000 in qualifying cases; when no emergency medical condition is determined, medical reimbursement is generally limited to $2,500
Uninsured Motorist (UM) coverage
UM may apply when the responsible motorist has no applicable liability coverage or cannot be identified. Florida law requires UM to be offered with qualifying bodily-injury liability coverage, but a named insured may reject it in writing or select lower limits. Coverage depends on the policy and crash facts
Collision and property damage
Collision coverage may address vehicle damage even if the driver is never found, subject to the policy and deductible
If there is no UM and the driver remains unknown
Options can narrow significantly. PIP or health insurance may address medical expenses and collision may address the vehicle, but there may be no liability source for the full injury claim unless another responsible party is identified
Florida crime-victim compensation
Some victims of qualifying injury or fatal hit-and-run crimes may also qualify for Florida crime-victim compensation. For crimes on or after October 1, 2019, reporting generally must occur within five days unless good cause justifies delay. For an injury claim, the application generally must be filed within three years of the crime. For a death-related claim, the three-year period generally runs from the later of the date of the crime, the victim’s death, or the determination that the death resulted from the crime. For good cause, the department may extend the filing period, but not beyond five years after the crime. Awards follow other available payment sources.
How to read this section:
These are common coverage paths, not guaranteed benefits. Policy language, who qualifies as an insured, selection or rejection forms, deductibles, and later identification of the driver can change the result
What evidence can help prove a Florida hit-and-run claim?
Do not wait for the police investigation to finish
What damages and claim rules matter after a Florida hit-and-run?
Recoverable losses depend on fault, medical proof, insurance, and the effect of the injuries
Injury and financial losses
- past medical expenses and supported future care;
- lost wages and reduced earning capacity when proven;
- pain, suffering, and loss of enjoyment when legally recoverable;
- permanent impairment or long-term limitations when supported
Vehicle and property losses
- repair or total-loss value;
- towing and storage;
- rental or transportation-related losses when recoverable;
- damaged bicycle, helmet, clothing, or other personal property
Comparative fault can reduce or bar recovery
Under Florida § 768.81, the injured person’s percentage of fault reduces damages. In a covered negligence action, a party found more than 50% at fault for his or her own harm may not recover damages. Florida Statute § 768.81.
Two years is not the only clock
Florida currently places negligence actions in a two-year limitations category. The 2023 change applies prospectively to claims accruing after March 24, 2023; older claims can differ. Insurance notice and evidence issues may arise much sooner. Florida Statute § 95.11.
Non-economic damages
Florida’s motor-vehicle tort rules include an injury threshold for certain pain-and-suffering damages. Medical documentation can therefore affect what is recoverable. See Florida Statute § 627.737
How The Nunez Law Firm handles an Orlando motorcycle claim
Related Florida accident guidance: for broader liability, insurance, medical, and settlement issues, see Florida Car Accident Lawyer and the Florida UM/UIM Coverage Guide.
The investigation can shift to vehicle ownership, liability insurance, and other responsible parties. Identification alone does not establish fault or guarantee coverage
Standard Florida PIP generally does not cover injuries sustained while occupying a motorcycle. Liability and UM require separate analysis. See Florida Motorcycle Accident Lawyer
Preserve clothing, bicycle or helmet damage, roadway evidence, and review PIP priority and household UM issues. See Florida Pedestrian Accident Lawyer
A criminal investigation and civil wrongful death claim are separate. The personal representative brings the action for eligible survivors and the estate under Florida Statute § 768.20. See Florida Wrongful Death Lawyer
How a Florida hit-and-run lawyer can help with the claim
Review the crash and urgent evidence
Identify available insurance
Document injuries and losses
Negotiate or prepare for litigation
What does the initial case assessment cost?
The initial case assessment is free. If representation is offered, the written fee agreement will state the attorney-fee terms, how case costs are handled, and whether any costs may be owed if there is no recovery
When should you speak with an Orlando motorcycle accident lawyer?
The Nunez Law Firm handles personal injury matters throughout Florida from offices in Orlando and Fort Myers.
- Orlando: 1601 W Colonial Dr, Orlando, FL 32804 · (407) 203-2769
- Fort Myers: 3610 Broadway, Fort Myers, FL 33901 · (239) 204-4220
The Nunez Law Firm was founded in July 2016 by attorney Rafael O. Nunez, Jr. Firm Overview · Our Attorneys
Florida Hit-and-Run Accident FAQ
Do I need to wait for police to find the driver before starting a claim?
No. Evidence-preservation and insurance work can begin while law enforcement continues its investigation. Available claims still depend on the policies and facts.
What if the insurer disputes that another vehicle caused the crash?
The claim may depend on the police report, witnesses, video, vehicle damage, debris, scene photographs, and consistency of the reported facts. Preserve those records before evidence is lost.
What if I only remember part of the license plate?
Report every detail you remember: partial plate characters, color, make, model, visible damage, decals, direction of travel, and driver description. Video or witnesses may connect those clues to a vehicle.
What if a hit-and-run happened while I was working?
A work-related crash can create additional insurance or workers' compensation questions. Auto and employment-related coverage should be reviewed together.
Should I accept an early settlement offer?
Review the release, medical status, available coverage, wage loss, and unresolved reimbursement claims before accepting. A signed release can end claims against the parties it covers.
Injured by a driver who left the scene?
Contact The Nunez Law Firm for a free case assessment. The firm can review the crash evidence, available policies, treatment records, and immediate next steps. There is no obligation to proceed after the initial conversation
Attorney-fee and case-cost terms are governed by the written representation agreement
