What to Do After a Hit and Run Accident in Florida? Your Rights and Recovery Options.

Every year, thousands of Floridians face the terrifying reality of being involved in a hit and run car accident. If you are seriously injured in a hit and run accident, the fear and confusion that follow can be overwhelming. In fact, Florida reports over 97,000 hit-and-run crashes annually — one of the highest rates in the nation — reflecting how common and serious these incidents are.

Vehicle crashes remain a daily reality on our roads. When the at-fault driver flees the scene of an accident, knowing your rights and responsibilities under Florida law can be the key to protecting your future. Our experienced Florida car accident lawyers have guided countless clients through these stressful moments, making sure our motto is followed: Don't Be A Victim Twice™.

Florida Hit and Run Statistics 2026: What the Numbers Reveal

According to research from the AAA Foundation for Traffic Safety, nationally, an average of 682,000 hit-and-run crashes occur annually, with one incident happening approximately every 43 seconds across the U.S.

Recent statistics from the Florida Highway Safety and Motor Vehicles (FLHSMV) crash dashboard paint a troubling picture of hit and run incidents statewide. In 2025 (as of mid-December), Florida has witnessed 85,459 hit-and-run crashes, resulting in 159 fatalities and 18,107 injuries. These figures show that hit-and-run incidents account for approximately 25% of all motor vehicle crashes in the state.

The following table, compiled from official FLHSMV data, shows the year-over-year progression of hit and run accidents in Florida:

The human cost is alarming. Hit and run cases resulted in hundreds of fatalities and tens of thousands of injury cases annually. These are not just statistics — they represent real victims who deserved immediate help but were abandoned by hit and run drivers.

Understanding Hit and Run Under Florida Law

Florida law is designed to protect victims when a driver flees the scene of a crash. Under Florida Statutes, failing to stop after a motor vehicle crash creates both civil liability and potentially criminal consequences.

What Is a Hit and Run Accident in Florida?

Under Florida Statutes §316.061, §316.062, and §316.063, a hit and run occurs when a driver involved in a crash fails to fulfill their legal duties at the accident scene. Drivers must stop near the crash site, provide assistance to the injured, and share their name, address, vehicle registration, and driver's license information.

What Actions Make It a Hit and Run?

Several scenarios constitute leaving the scene of an accident under Florida law. These situations transform what might otherwise be simple accidents into serious criminal offenses:

• Striking a parked car: Colliding with an unattended vehicle in a parking lot and departing without providing written notice containing your contact information.
• Property damage incidents: Hitting mailboxes, fences, or other property while failing to locate the property owner or leave identifying details.
• Injury-related crashes: Leaving any accident scene where someone sustained bodily injury, regardless of who caused the collision.
• Fatal accidents: Fleeing after an accident involving death, which triggers Florida's most severe hit and run penalties.
• Pedestrian collisions: Striking a pedestrian and departing without offering immediate assistance or contacting emergency services.

Each situation shares a common element — the driver's failure to stop and meet their legal obligations. Even when you believe another party caused the accident, leaving transforms a civil matter into a criminal offense with lasting consequences.

Is a Hit and Run a Felony in Florida?

The classification depends entirely on the severity of the crash and the resulting damage. Florida's hit-and-run criminal penalty structures range from misdemeanors to serious felonies.

Civil cases focus on financial compensation for the hit and run victim, not punishment. You can file a civil lawsuit against the hit and run driver to recover compensation, even if criminal charges are also pending.

What Happens If the Driver Flees the Scene?

When a crash happens, and the at-fault driver flees the scene, our professional investigators get to work quickly. They will review surveillance footage, collect police reports, check for witness interviews, and even examine paint or damage left behind.

Rights and Options for Hit and Run Victims in Florida

Hit and run victims face complex challenges that demand strategic legal action. Florida law offers recovery options, but navigating them often requires professional help.

Understanding Florida’s Insurance Landscape in Hit and Run Cases

Florida's no-fault insurance system creates specific protections for hit and run victims, though accessing these benefits can prove complex. Personal Injury Protection (PIP) coverage, mandatory for all Florida drivers, provides immediate benefits regardless of fault determination.

In hit and run cases, Uninsured Motorist (UM) coverage is vital when the at-fault driver cannot be identified. It allows victims to seek compensation beyond basic PIP benefits.

Unfortunately, hit and run accidents often trigger insurance company rate increases despite the policyholder's lack of fault. Insurers view hit and run claims as higher risk, especially when the responsible parties cannot be identified and held accountable. This unfair reality makes proper legal representation even more important. Our attorneys negotiate with insurance companies to minimize these impacts while maximizing your recovery.

Who Pays for Damages in a Hit and Run Accident?

When you are the victim of a hit and run accident, one of the biggest questions is who will cover the damage. From medical bills to repairs, the financial burden can feel overwhelming, especially if the hit and run driver is not found. Here is how Florida law handles payment responsibility in these cases:

• If the at-fault driver is identified: They and their insurance company may be held legally responsible for all damages, including through civil lawsuits.
• If the driver cannot be found: Your own insurance, through PIP and Uninsured Motorist (UM) coverage, typically covers initial costs. Some cases may also qualify for restitution through state funds or criminal court orders.

What Hit and Run Compensation Categories Are Available for the Injured?

Hit and run victims in Florida may pursue various forms of compensation, depending on the circumstances of their case and the available insurance coverage. Understanding these potential damages helps victims make informed decisions about their legal options:

• Medical expenses: Complete coverage for accident-related medical treatment, including emergency care, surgical procedures, rehabilitation, and ongoing therapy.
• Lost income: Compensation for wages lost due to inability to work, plus future earning capacity if permanent disability results.
• Pain and suffering: Damages addressing physical pain, emotional distress, and diminished quality of life caused by the accident.
• Property damage: Costs for vehicle repairs or replacement, plus personal property damaged in the crash.
• Permanent disability: Additional compensation when accidents result in lasting impairment or serious personal disfigurement.

The average hit and run settlement varies widely based on injury severity, available insurance coverage, and whether the fleeing driver is identified.

Immediate Steps to Take After a Hit and Run Incident

Taking appropriate action immediately following a hit and run accident significantly impacts both your safety and the successful outcome of your case. Quick thinking and proper documentation can preserve crucial evidence while protecting your legal rights.

Ensure Safety and Call Emergency Services

Prioritize safety — move to a safe area and call 911. Even minor injuries need professional evaluation. Police will create crash reports, which are vital for investigations and insurance claims.

Do not pursue fleeing drivers. Instead, focus on collecting vehicle details like the license plate, make, model, color, and direction.

Document the Scene Thoroughly

If physically able, comprehensively document the accident scene before the evidence disappears. Take photographs of your damaged vehicle, the crash site, any debris, and visible injuries.

• Vehicle damage: Capture multiple angles showing impact points, scratches, dents, and any paint transfer from the other vehicle.
• Accident scene: Document road conditions, traffic signs, weather conditions, and any obstructions that may have contributed to the crash.
• Debris and evidence: Photograph any vehicle parts, glass, or other materials left by the fleeing vehicle.
• Injury documentation: Take photos of any visible injuries, bruises, or cuts resulting from the accident.
• Witness information: Collect contact details from anyone who witnessed the accident or saw the fleeing vehicle.

These photographs can provide powerful evidence about the severity of the crash and the circumstances involved. In today's digital age, nearby individuals may have captured the incident on smartphones, dashboard cameras, or front door ring-style cameras.

Notify Your Insurance Company

Contact your insurance company immediately to report the hit and run accident. Provide honest, factual information about circumstances without speculating about fault or the other driver's motivations. Your insurance company will process PIP benefits and, if you carry UM coverage, will investigate the claim.

Call Our Expert Personal Injury Attorneys

After a hit-and-run, legal and insurance issues can be overwhelming. Our attorneys protect your rights, manage claims, and pursue full compensation while you focus on recovery. Here is what we can do:

• Independent investigation: Gather evidence that the police may miss, including surveillance footage and witness statements.
• Insurance communication: Handle all contact with the insurance companies to ensure fair treatment.
• Evidence preservation: Secure crucial documents and records needed for your case.
• Settlement negotiation: Pursue fair compensation with aggressive and strategic negotiations without dragging you through unnecessary court battles.
• Courtroom representation: Step in when litigation is required to fight for your best outcome.

Having a legal advocate by your side levels the playing field and gives you space to recover, knowing your case is in strong hands.

Let Our Decades of Experience Protect Your Future

The actions you take after a hit-and-run can affect your future. With proper legal guidance, you can protect your rights and maximize your chances for justice. Do not let confusion or fear stop you from seeking help. At Michles & Booth, our Florida personal injury lawyers provide honest advice and aggressive representation. Whether you are a victim or an accused, we are here to help.

Do not Be A Victim Twice!™ If you have been involved in a hit and run accident, contact us today for a free consultation to discuss your case and explore recovery options.