Key Takeaway: Florida hit and run laws under Statute 316.027 impose serious criminal penalties ranging from misdemeanor charges for property damage to first-degree felony charges with up to 30 years in prison when a fatality is involved. If you are the victim of a hit and run in Florida, you have legal options to recover compensation through your own insurance and civil claims, even if the at-fault driver is never found.

A hit and run in Florida is more than a traffic violation. It is a crime that can devastate victims physically, financially, and emotionally. Every year, Florida ranks among the worst states in the nation for hit and run accidents, with roughly 25% of all crashes in the state involving a driver who flees the scene.

Whether you were hit by a driver who took off or you are trying to understand what the law says about leaving the scene of an accident, this guide breaks down everything you need to know about Florida hit and run laws, penalties, and your rights as a victim.

Contact Injury LawStars today for a free consultation or call us at (407) 887-4690. Attorney Katie Miller fights for hit and run victims across Florida, and there are no fees unless we win your case.

What Is a Hit and Run Under Florida Law?

Under Florida law, a hit and run, officially called “leaving the scene of an accident,” occurs when a driver involved in a crash fails to stop, provide their information, and render reasonable aid to anyone who is injured. The Florida hit and run statute (Section 316.027) specifically addresses crashes involving death or personal injuries, while Section 316.061 covers property-damage-only incidents.

Florida law requires every driver involved in a crash to:

• Stop immediately at the scene or as close as possible without blocking traffic
• Provide their name, address, vehicle registration number, and driver’s license to the other party or responding law enforcement
• Render reasonable assistance to any injured person, including calling 911 or arranging transportation to a hospital
• Report the crash to local law enforcement if injuries, death, or property damage exceeding $500 occurred

It does not matter who caused the accident. Even if you were not at fault, leaving the scene without fulfilling these obligations is a criminal offense under hit and run Florida laws.

Is a Hit and Run a Felony in Florida?

Whether a hit and run is a felony in Florida depends on the severity of the crash. The Florida hit and run statute (316.027) classifies the offense into four tiers based on the injuries or damage involved.

Property Damage Only (Second-Degree Misdemeanor)

If the accident caused only property damage and no injuries, leaving the scene is a second-degree misdemeanor under Section 316.061. Penalties include:

• Up to 60 days in jail
• Up to $500 in fines
• Six points on your driver’s license
• Possible license suspension

Non-Serious Bodily Injury (Third-Degree Felony)

When a crash results in injury to another person (but not serious bodily injury), fleeing the scene is a third-degree felony under Section 316.027(2)(a). Penalties include:

• Up to 5 years in prison
• Up to 5 years of probation
• Up to $5,000 in fines
• Mandatory driver’s license revocation for at least 3 years

Serious Bodily Injury (Second-Degree Felony)

If the crash results in “serious bodily injury,” which Florida law defines as a physical condition that creates a substantial risk of death, serious disfigurement, or long-term loss of function of a bodily member or organ, the charge escalates to a second-degree felony under Section 316.027(2)(b). Penalties include:

• Up to 15 years in prison
• Up to 15 years of probation
• Up to $10,000 in fines
• Mandatory driver’s license revocation for at least 3 years

Death (First-Degree Felony)

The most severe classification applies when someone dies as a result of the crash. Under Section 316.027(2)(c), leaving the scene of a fatal accident is a first-degree felony with:

• Mandatory minimum of 4 years in prison
• Up to 30 years in prison
• Up to $10,000 in fines
• Mandatory driver’s license revocation for at least 3 years
• Required completion of a victim’s impact panel before license reinstatement

If the driver was also under the influence of alcohol or drugs at the time, the mandatory minimum sentence is still 4 years, and additional DUI-related charges may be stacked on top of the hit and run charges. For example, a drunk driver who causes a fatal crash and flees can face both DUI manslaughter and first-degree felony hit and run charges simultaneously.

Enhanced Penalties for Vulnerable Road Users

Florida law provides additional protections for vulnerable road users. Under Section 316.027(2)(f), if the victim of a hit and run is a pedestrian, cyclist, motorcyclist, person on a scooter or skateboard, person riding an animal, or person in a wheelchair, the court may impose enhanced penalties beyond the standard sentencing guidelines. This reflects the heightened danger these individuals face and the greater moral culpability of fleeing after striking someone who had little protection.

Court-Ordered Restitution

In addition to fines and imprisonment, Florida courts are required to order restitution to the victim under Section 316.027(2)(d). This means the convicted driver must pay the victim for any damage or loss resulting from the accident. Restitution can include medical expenses, lost wages, property damage, and other financial losses. The payment of restitution is typically made a condition of probation.

What Are the License Consequences for a Florida Hit and Run?

Beyond criminal penalties, a hit and run conviction in Florida carries significant driver’s license consequences. Under Florida Statute 322.28(4), any person convicted of violating Section 316.027 will have their license revoked for a minimum of 3 years.

During this revocation period:

• You cannot apply for a hardship license until completing a 12-hour Advanced Driver Improvement Course
• You must complete a victim’s impact panel session before reinstatement
• Your insurance premiums will increase dramatically, and some insurers may drop you entirely
• The conviction will appear on your criminal record, affecting employment and other opportunities

For property-damage-only hit and runs, you still face 6 points on your license, which can lead to suspension if you accumulate 12 or more points within 12 months.

How Do Police Investigate a Hit and Run in Florida?

Law enforcement takes hit and run cases seriously in Florida, especially when injuries or fatalities are involved. Understanding how investigations work can help victims cooperate effectively with police and strengthen their cases.

Typical investigative steps include:

• Scene analysis: Officers examine skid marks, debris patterns, paint transfer, and vehicle parts left at the scene to identify the type of vehicle involved.
• Surveillance footage review: Police canvass the area for traffic cameras, business security cameras, and residential doorbell cameras that may have captured the fleeing vehicle.
• Witness interviews: Statements from witnesses at the scene, nearby residents, or other drivers are collected and cross-referenced.
• Vehicle database searches: Using physical evidence like paint samples or vehicle parts, investigators can narrow down the make, model, and year of the fleeing vehicle and cross-reference it with DMV records.
• Community tips: Law enforcement may issue a public appeal for information, especially in cases involving serious injuries or fatalities. Florida Crime Stoppers programs allow anonymous tips.
• Digital evidence: In some cases, police may obtain cell tower data, tollway records, or GPS data from connected vehicles to trace the driver’s movements.

As a victim, your cooperation is critical. Provide police with every detail you can remember, no matter how small. A partial license plate, a bumper sticker, or the direction the driver headed can be the piece that breaks the case open. If you have a dashcam, preserve that footage immediately and share it with law enforcement.

What Should You Do If You Are the Victim of a Hit and Run in Florida?

Being a victim of a hit and run is frightening and overwhelming. The driver who caused your injuries has disappeared, and you may feel helpless. However, the steps you take in the minutes and hours after the crash can make a significant difference in your ability to recover compensation.

Immediate Steps at the Scene

1. Call 911 immediately. A police report is essential for both criminal investigation and your insurance claim. Give the dispatcher as much detail as possible about the fleeing vehicle: make, model, color, license plate number (even a partial plate helps), and the direction the driver fled.
2. Seek medical attention. Under Florida’s Personal Injury Protection (PIP) system, you must seek medical treatment within 14 days of the accident to qualify for PIP benefits. Even if your injuries seem minor, see a doctor right away. Some injuries like traumatic brain injuries may not show symptoms immediately.
3. Gather evidence at the scene. Take photos and videos of your vehicle damage, skid marks, debris, road conditions, and any injuries. Look for surveillance cameras on nearby businesses, traffic cameras, or dashcam footage from other drivers.
4. Talk to witnesses. Get contact information from anyone who saw the accident. Witnesses may have caught the license plate number, a description of the driver, or other critical details.
5. Do not chase the fleeing driver. Pursuing the other vehicle puts you and others at risk and could complicate your case.

After Leaving the Scene

• Notify your insurance company that you were involved in a hit and run accident. Do not provide a recorded statement without first speaking to an attorney.
• Keep records of everything: medical bills, repair estimates, prescription costs, missed work days, and any out-of-pocket expenses related to the accident.
• Contact a personal injury attorney experienced in Florida car accident cases. An attorney can investigate the crash, work with law enforcement to identify the driver, and protect your rights with insurance companies.

Call Injury LawStars at (407) 887-4690 for a free case review. Attorney Katie Miller personally understands what it feels like to be an accident victim and will fight to get you the compensation you deserve.

How Does Insurance Work After a Hit and Run in Florida?

One of the biggest concerns for hit and run victims is how to pay for medical bills and vehicle repairs when the at-fault driver has fled. Fortunately, Florida’s insurance system provides several avenues for recovery.

Personal Injury Protection (PIP)

Florida is a no-fault insurance state, which means your own Personal Injury Protection (PIP) insurance is your first line of defense after any car accident, including a hit and run. PIP covers:

• 80% of reasonable and necessary medical expenses, up to $10,000
• 60% of lost wages
• Death benefits up to $5,000

Remember: you must seek medical treatment within 14 days of the accident to preserve your PIP benefits. If your injuries are not deemed an “emergency medical condition,” your PIP benefits may be capped at $2,500 instead of the full $10,000.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

This is the most important type of coverage for hit and run victims. Uninsured motorist (UM) coverage treats a hit and run the same as an accident with an uninsured driver, since the at-fault driver cannot be identified to provide their insurance information.

If you carry UM/UIM coverage on your policy, it can compensate you for:

• Medical expenses beyond your PIP limits
• Lost wages
• Pain and suffering
• Other damages that PIP does not cover

Florida does not require drivers to carry UM/UIM coverage, but it is strongly recommended. When you purchase auto insurance in Florida, your insurer is required to offer you UM/UIM coverage. If you declined it, you may be limited to your PIP benefits unless the hit and run driver is eventually identified.

Filing a Hit and Run Insurance Claim in Florida

To file a hit and run insurance claim under your UM/UIM policy, you generally need:

1. A police report documenting that you were the victim of a hit and run
2. Physical contact with the fleeing vehicle (some policies require proof that the other vehicle actually struck your car, though many Florida courts have moved away from this strict requirement)
3. Timely notice to your insurer, typically within 24-48 hours of the accident
4. Documentation of your injuries, medical treatment, and damages

Insurance companies sometimes try to minimize or deny UM/UIM claims after a hit and run. They may argue that the accident did not actually involve another vehicle, that your injuries are pre-existing, or that you waited too long to seek treatment. An experienced personal injury attorney can challenge these tactics and fight for the full value of your claim.

How Does Comparative Negligence Affect a Hit and Run Case in Florida?

Florida’s comparative negligence law, as reformed by House Bill 837 in 2023, can impact your hit and run case if the at-fault driver is eventually identified.

Under the modified comparative negligence system, you can recover damages as long as you are not more than 50% at fault for the accident. However, your compensation is reduced by your percentage of fault. For example, if you suffered $100,000 in damages but were found 20% at fault, your recovery would be reduced to $80,000.

In a hit and run scenario, comparative negligence typically comes into play when:

• The hit and run driver is identified and you file a personal injury lawsuit against them
• The defendant argues that you were partially at fault (for example, alleging you were speeding or failed to obey a traffic signal)
• You file a UM/UIM claim and your own insurer raises comparative fault as a defense to reduce the payout

This is another reason why collecting evidence at the scene is so critical. Dashcam footage, witness statements, and police reports can establish that the fleeing driver was entirely at fault.

It is worth noting that comparative negligence can also affect cases where the hit and run victim was a pedestrian, cyclist, or motorcyclist. For example, if a pedestrian was jaywalking when struck by a driver who then fled, the defendant’s insurance company may argue the pedestrian shares some fault. However, the act of fleeing the scene itself demonstrates a consciousness of guilt that often works in the victim’s favor during litigation and settlement negotiations.

What Types of Damages Can Hit and Run Victims Recover in Florida?

Hit and run victims in Florida may be entitled to recover several categories of damages, whether through insurance claims or a personal injury lawsuit against an identified driver.

Economic Damages

These are the measurable, out-of-pocket financial losses caused by the accident:

• Medical expenses: Emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and future medical costs for ongoing treatment
• Lost wages: Income lost while recovering from injuries, including bonuses, overtime, and other compensation you would have earned
• Lost earning capacity: If your injuries prevent you from returning to your previous job or working at the same level, you may recover the difference in lifetime earning potential
• Property damage: Repair or replacement costs for your vehicle and any personal belongings damaged in the crash
• Out-of-pocket costs: Transportation to medical appointments, home modifications for disabilities, household help, and other accident-related expenses

Non-Economic Damages

These compensate for losses that do not have a specific dollar amount but are just as real:

• Pain and suffering: Physical pain from your injuries and the ongoing discomfort during recovery
• Emotional distress: Anxiety, depression, PTSD, and the psychological impact of being victimized by a driver who fled
• Loss of enjoyment of life: Inability to participate in hobbies, activities, and daily routines you enjoyed before the accident
• Scarring and disfigurement: Permanent physical changes resulting from the crash
• Loss of consortium: Impact on your relationship with your spouse or family members

In wrongful death cases resulting from a hit and run, surviving family members may also recover funeral and burial expenses, loss of the deceased’s financial support, and loss of companionship and guidance.

What Is the Statute of Limitations for a Hit and Run in Florida?

If you are the victim of a hit and run in Florida, you have a limited window of time to take legal action. The statute of limitations for personal injury claims in Florida is two years from the date of the accident, as established by HB 837’s 2023 tort reform. Learn more about how long a personal injury case takes in Florida.

Key deadlines to keep in mind:

• Personal injury lawsuit: 2 years from the date of the accident
• Wrongful death lawsuit: 2 years from the date of death
• Property damage claim: 4 years from the date of the accident
• PIP benefits: You must seek medical treatment within 14 days of the crash
• UM/UIM claim: Follow the notice requirements in your policy (typically 24-48 hours), and file the claim as soon as possible

If you miss the statute of limitations deadline, you lose your right to file a lawsuit and recover compensation through the courts. Do not wait. The sooner you contact an attorney after a hit and run, the better your chances of building a strong case.

Time is critical after a hit and run. Contact Injury LawStars now at (407) 887-4690 for a free consultation. We work on a contingency basis, which means you pay nothing unless we win.

Frequently Asked Questions About Florida Hit and Run Laws

Is a hit and run a felony in Florida?

It depends on the severity of the crash. A hit and run involving only property damage is a second-degree misdemeanor. If someone was injured, it becomes a third-degree felony. Serious bodily injury elevates it to a second-degree felony. If someone died, it is a first-degree felony with a mandatory minimum of 4 years in prison.

What is the penalty for hit and run in Florida?

Penalties range from up to 60 days in jail and a $500 fine for property damage, to up to 30 years in prison and a $10,000 fine for a fatal hit and run. All hit and run convictions involving injury or death result in mandatory driver’s license revocation for at least 3 years.

Does uninsured motorist coverage apply to hit and run accidents in Florida?

Yes. If you carry uninsured motorist (UM) coverage on your auto policy, it can cover your damages from a hit and run accident just as it would if you were hit by a driver with no insurance. UM coverage can pay for medical expenses, lost wages, and pain and suffering beyond what PIP covers.

What if the hit and run driver is never found?

You can still recover compensation through your own insurance policies. Your PIP coverage provides up to $10,000 for medical expenses and lost wages regardless of who caused the accident. If you have UM/UIM coverage, you can file a claim for additional damages including pain and suffering. An attorney can help you maximize your recovery even if the driver is never identified.

How long do I have to report a hit and run in Florida?

You should report a hit and run to police immediately by calling 911 from the scene. For insurance purposes, notify your insurer within 24-48 hours. For legal action, the statute of limitations for a personal injury lawsuit in Florida is 2 years from the date of the accident.

Can I sue for pain and suffering after a hit and run in Florida?

Yes. If the hit and run driver is identified, you can file a personal injury lawsuit seeking compensation for pain and suffering, medical expenses, lost wages, and other damages. Even if the driver is not found, you may be able to recover pain and suffering through your UM/UIM coverage. Florida’s no-fault insurance threshold requires that your injuries meet a certain severity level before you can pursue pain and suffering damages.

Will a hit and run claim raise my insurance in Florida?

Filing a UM/UIM claim after a hit and run should not raise your premiums because you were not at fault for the accident. However, insurance practices vary by company. Florida law prohibits insurers from raising rates solely because you filed a claim as a not-at-fault party, but you should review your specific policy and consult with your attorney about your options.

How a Personal Injury Attorney Can Help After a Florida Hit and Run

Hit and run cases present unique challenges because the at-fault driver has fled the scene. An experienced car accident lawyer can make a significant difference in your case by:

• Investigating the crash and working with law enforcement to identify the hit and run driver through surveillance footage, witness interviews, and forensic evidence
• Handling insurance claims and fighting back against unfair denials or lowball settlement offers from your own insurance company
• Filing a personal injury lawsuit if the driver is identified, pursuing full compensation for your injuries
• Calculating the true value of your claim, including future medical costs, long-term lost earning capacity, and pain and suffering
• Navigating Florida’s comparative negligence rules to protect your recovery from being unfairly reduced

At Injury LawStars, Attorney Katie Miller was once an injury victim herself. She knows the fear, stress, and frustration that comes with being hurt in an accident. That lived experience drives her commitment to fighting for every client. The firm handles hit and run cases across Florida, including Lake County, Marion County, Sumter County, Orlando, Ocala, The Villages, and communities throughout the state.

You pay nothing unless we win your case. That is our promise.

Do not face a hit and run alone. Contact Injury LawStars today at (407) 887-4690 for your free, no-obligation consultation. We are available 24/7 to take your call.

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