After a Florida hit and run, the driver who fled usually isn't the one you'll deal with; your own insurance company is. Florida treats a driver who flees like an uninsured driver, so your recovery typically comes from your own personal injury protection (PIP) and uninsured motorist (UM) coverage. That also means your own insurer will now evaluate, and sometimes dispute, what your injuries are worth.
You may be dealing with pain, a damaged car you still owe money on, and the frustration of knowing the person responsible drove away. That frustration is fair. Still, the law gives you real options, even if police never find the driver.
A Florida hit and run accident attorney can sort out which coverage applies, how much is available, and what evidence still exists. A free consultation lets you ask those questions before you give your insurer a recorded statement.
Key Takeaways: Hit and Run Accidents in FL
- Your Own Policy Usually Pays: PIP and UM coverage do most of the work when the at-fault driver can't be found.
- UM Covers Injuries, Not Your Car: Florida uninsured motorist coverage pays for bodily injury, so vehicle damage typically goes through collision coverage.
- Timing Protects Your Claim: Medical care within 14 days keeps PIP available, and a prompt police report helps satisfy UM policy conditions.
- A Criminal Case Won't Cover Everything: Restitution may help if the driver is caught, but insurance and civil claims carry most of the recovery.
- Local Evidence Disappears Quickly: Business cameras and witnesses near the scene offer the best chance to identify a fleeing driver.
Do I need a lawyer after a hit and run?
Yes, a lawyer helps after a hit and run, because your claim usually runs through your own insurance, and that insurer will review your injuries closely before it pays. A lawyer helps in three main ways:
- Proving another driver caused the crash: Your uninsured motorist coverage pays only when you can show a fleeing driver was at fault.
- Finding the driver: Video, witnesses, and partial plate numbers can identify the driver and open more coverage, but footage often gets erased within days.
- Meeting policy deadlines: Florida PIP requires medical treatment within 14 days, and many policies require a prompt police report.
The sooner a lawyer starts, the more evidence stays available to support your claim.
What Does Florida Hit and Run Law Require of Drivers?
Florida hit and run law requires every driver in a crash to stop, check on others, give reasonable aid, and exchange information before leaving.
Drivers must stay at or near the scee, call for help when someone is hurt, and share their name, address, registration, and license with the others involved. Leaving without doing those things is a crime, and the penalty climbs with the harm the crash caused.
Penalties Under Florida Hit and Run Laws
Penalties range from a misdemeanor for property damage to a first-degree felony when someone dies. Here's how they break down:
| What the Crash Caused | Criminal Classification | Maximum Incarceration |
| Property Damage Only | Second-degree misdemeanor | Up to 60 days in jail |
| Injury | Third-degree felony | Up to 5 years in prison |
| Serious Bodily Injury | Second-degree felony | Up to 15 years in prison |
| Death | First-degree felony | Up to 30 years, with a 4-year mandatory minimum |
Drivers convicted of leaving a crash that caused injury or death also lose their license for at least three years. Those stakes explain why many drivers who flee were already avoiding something: a suspended license, no insurance, an open warrant, or impairment.
Can a Criminal Case Pay for Your Injuries?
A criminal case can help, but it rarely covers the full cost of your injuries. Florida law directs courts to order restitution when a convicted hit and run driver caused damage or loss, unless the court finds clear and compelling reasons not to.
Restitution often falls short, though, because many drivers who flee have few assets and no insurance. Your insurance and civil claims move forward separately, whether or not prosecutors file charges, so they don't need to wait for the criminal case to finish.
Who Pays After a Florida Hit and Run?
After a Florida hit and run, your own insurance usually pays first, starting with PIP and then UM coverage if you carry it. A few terms come up in nearly every claim:
- Personal injury protection (PIP): Florida's required no-fault coverage. PIP pays part of your medical bills and lost income no matter who caused the crash.
- Uninsured motorist (UM) coverage: Optional coverage that pays when the at-fault driver has no insurance or can't be identified. This coverage handles bodily injury, including pain and suffering.
- Stacking: A UM option that multiplies your coverage by the number of vehicles on your policy. Stacked coverage often matters most after a serious crash.
- Subrogation: Your insurer's right to recover what it paid from the at-fault driver. If police find the driver, subrogation can also get your deductible back.
How PIP Works After a Florida Hit and Run
PIP pays 80% of your reasonable medical bills and 60% of lost income, up to $10,000 total, even when the other driver disappears. You need initial medical treatment within 14 days of the crash to use these benefits. Medical coverage drops to $2,500 unless a doctor finds you had an emergency medical condition.
PIP also covers you as a pedestrian or cyclist. For serious injuries, PIP runs out quickly, which is why UM coverage often carries the claim from there.
Uninsured Motorist Coverage Fills the Gap
Uninsured motorist coverage pays the injury damages a fleeing driver's insurance would have covered, because Florida treats an unidentified hit and run driver as uninsured. That can include medical bills beyond PIP, lost income, and pain and suffering if your injury meets Florida's serious injury threshold.
You still need to show another driver caused the crash, so witnesses, damage patterns, and video matter even when the driver stays unknown. If you carry UM coverage, checking whether it's stacked shows how much coverage you actually have.
Repairing Your Car After a Florida Hit and Run
Your collision coverage usually pays to repair your car after a hit and run, minus your deductible. Florida UM coverage doesn't pay for vehicle damage, and PIP covers only injuries.
If you carry only the state minimum insurance, you may have no coverage for your own car unless police find the driver. When they do, your insurer can pursue the driver through subrogation and may recover your deductible along the way.
How Can You Strengthen a Hit and Run Claim?
Several steps can strengthen hit and run accident claims in Florida, and most of them focus on preserving details before they fade. Consider these approaches:
- Reporting the crash promptly: Many UM policies require a prompt police report after a hit and run, and the report creates the official record your claim builds on.
- Writing down every detail: A partial plate, a dented bumper, a roof rack, or the direction the car fled can help investigators narrow the search.
- Listing nearby cameras: Gas stations, plazas, and homes with doorbell cameras may have captured the car, but many systems record over footage within days.
- Collecting witness names: Other drivers and pedestrians often notice what you couldn't while absorbing the impact.
- Getting medical care within 14 days: Timely treatment keeps PIP available and documents your injuries from the start.
- Pausing before recorded statements: Many people find it helpful to talk with an attorney before giving their own insurer a recorded statement about a UM claim.
Bringing these materials to a consultation gives an attorney a head start on both the insurance claim and the search for the driver.
Why Does a Lawyer Matter After a Florida Hit and Run?
A lawyer matters because a hit and run claim puts you across the table from your own insurer, often with little evidence about the other driver. That combination rewards careful work early.
Your Insurer Evaluates the Claim Like Any Other
Your insurer evaluates a UM claim much like a claim against a stranger's policy. An adjuster may question whether another car caused the crash, whether your injuries meet the serious injury threshold, or whether your treatment was necessary.
An attorney who prepares the medical records and evidence can answer those questions before they turn into denials. Partner John C. Austin holds the Chartered Property Casualty Underwriter designation, so our firm reads these files the way an insurer does.
Finding the Driver Behind a Florida Hit and Run
Finding the driver can open additional coverage, and an attorney can push that search further than a single police report. Lawyers can send preservation requests for business video, track down witnesses, and follow up with investigators.
If the driver turns up, their insurance, an employer's policy if they were working, or other responsible parties may add Florida hit and run compensation beyond your own coverage.
What Should You Know About Hit and Runs in Clearwater and New Port Richey?
Hit and run claims follow the same state law everywhere, but where your crash happened shapes who investigates and where the evidence lives. Here's what matters in two communities our offices serve.
Hit and Run Crashes in Clearwater
In Clearwater, the Clearwater Police Department typically handles crashes inside city limits, while the Pinellas County Sheriff's Office and the Florida Highway Patrol cover much of the surrounding area. Pinellas County recorded 3,628 hit and run crashes in 2024, according to the latest crash data. Six people died in those crashes, and nearly 700 suffered injuries.
Corridors like US-19 and Gulf-to-Bay Boulevard carry steady traffic day and night, and the plazas and gas stations along them often have cameras worth requesting early.
Hit and Run Crashes in New Port Richey and West Pasco
In west Pasco, the Pasco Sheriff's Office handles most crashes outside city limits, New Port Richey Police cover the city itself, and the Florida Highway Patrol works the major highways.
US-19 carries heavy traffic through New Port Richey, Port Richey, and Holiday, with long stretches where a fleeing driver can slip onto a side street within seconds.
Pasco County lawsuits proceed in the Sixth Judicial Circuit, often at the West Pasco Judicial Center.
Frequently Asked Questions About Hit and Run Accident Claims in FL
How long do I have to file a hit and run claim in Florida?
Florida generally gives you two years from the crash to file a negligence lawsuit against an identified driver. A UM claim against your own insurer follows a separate, contract-based deadline, often five years, though your policy may require notice much sooner.
Missing any deadline bars you from recovering compensation, so you must contact an attorney early to get the process started.
What if the other car never touched me?
A miss-and-run, where a driver forces you off the road without contact, can still support a UM claim in Florida. You'll generally need independent evidence, such as a witness or video, to show another vehicle caused the crash.
What if I don't have uninsured motorist coverage?
PIP still pays its share, and health insurance can cover remaining medical bills. A relative's UM policy may cover you if you live in the same household. If police find the driver, or another party such as an employer shares responsibility, you may have a claim against them as well.
Does coverage apply if I was walking or biking when I was hit?
Yes. Your PIP and UM coverage generally follow you as a pedestrian or cyclist. If you don't own a car, a policy held by a relative you live with may apply.
What if police find the driver and they blame me?
Evidence settles that dispute. Damage patterns, scene photos, witness accounts, and the driver's decision to flee all shape how fault gets assigned. Under Florida's modified comparative fault rule, you can still recover as long as you're not found more than half responsible.
Let Roman Austin Start the Search While You Recover
A hit and run leaves you with two jobs: recovering from your injuries and building a claim against an insurer that wasn't in the car with you. Our firm takes the second job off your plate, from requesting video before it's recorded over to preparing your UM claim with the records it needs.
If a driver who fled left you hurt anywhere in Florida, call Roman Austin at (727) 787-2500. Someone answers day and night, and the first conversation costs nothing.
Miles H. Hickman
Partner and Trial Attorney
Miles H. Hickman spent his first six years in practice defending insurance companies at a St. Petersburg firm, where he managed a legal team of more than ten. He has handled cases from pre-suit through trial as both first and second chair. A lifelong central Florida resident and Stetson University College of Law graduate, he is a Super Lawyers Rising Star and a member of the Million Dollar Advocates Forum.
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