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March 28, 2026

Florida Hit and Run? Here’s What You Need to Do

The numbers are staggering. Roughly one in every four crashes in the state is a Florida hit and run, totaling over 100,000 incidents each year. This isn’t a rare occurrence; it’s a daily danger for everyone on the road, especially vulnerable pedestrians and cyclists in communities like Leesburg and The Villages. When a driver chooses to flee, they turn an accident into a criminal act, often leaving victims without immediate medical help. Understanding the laws and your rights is critical in a state with such a pervasive problem. This guide details the laws, the penalties, and the steps you must take to secure justice and compensation.

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 Counts as a Hit and Run in Florida?

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.

The Reality of Hit and Runs in Florida: A Look at the Numbers

To understand just how serious the hit-and-run problem is, it helps to look at the data. The numbers paint a stark picture of the dangers on Florida’s roads, from Clermont to Wildwood. These statistics from the Florida Department of Highway Safety and Motor Vehicles highlight the frequency and devastating impact of these crashes, showing why holding negligent drivers accountable is so critical for community safety.

2023 Hit-and-Run Statistics

Florida has a persistent issue with drivers leaving the scene of an accident, with about 25% of all crashes in the state classified as hit-and-runs. In 2023 alone, the state recorded a staggering 104,273 of these incidents. These weren’t just minor fender-benders; they led to 271 tragic fatalities and left 871 people with serious, life-altering injuries. The official hit-and-run statistics from the state show this is a widespread danger, underscoring the urgent need for greater driver responsibility in communities throughout Lake County, Marion County, and Sumter County.

Who Is Most at Risk?

While any driver can become a victim, the data shows that some road users are far more vulnerable. Of the 271 hit-and-run fatalities in 2023, a shocking 159 were pedestrians and 47 were bicyclists, accounting for 76% of all deaths in these incidents. This means people walking or cycling in communities like Leesburg, Mount Dora, and Ocala face a disproportionately high risk. When a driver flees after hitting a pedestrian or cyclist, they leave a victim without immediate help, which can have devastating consequences. It highlights the importance of driver awareness around our most exposed community members.

When Do Fatal Hit and Runs Occur?

Visibility plays a major role in the deadliest hit-and-run crashes. The official data reveals that over 81% of hit-and-run fatalities happen during dawn, dusk, or nighttime hours. Reduced visibility makes it harder for drivers to see pedestrians and cyclists, and some drivers use the cover of darkness to flee the scene without being identified. For anyone walking or biking in areas like Tavares or Bushnell during these times, it’s a crucial reminder to wear reflective clothing and use lights. For drivers, it highlights the need for extra caution and slower speeds when light is low, as these simple precautions can make a life-or-death difference.

Florida Hit and Run: Felony or Misdemeanor?

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.

Leaving the Scene with Only Property Damage

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

When Minor Injuries Lead to a Felony Charge

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

The Consequences of Causing Serious Injury

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

Fatal Hit and Runs: The Toughest Penalties

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.

The Aaron Cohen Life Protection Act

The severe penalties for fatal hit-and-runs are a direct result of the Aaron Cohen Life Protection Act, passed in 2014. This crucial law is named in memory of Aaron Cohen, a cyclist and father who was tragically killed by a driver who fled the scene. Before this act, a disturbing loophole existed in Florida law: the penalty for leaving a fatal crash scene was often less severe than for a DUI manslaughter charge. This created a grim incentive for impaired drivers to flee. The Aaron Cohen Act closed this loophole by mandating a minimum four-year prison sentence for any driver convicted of leaving the scene of a fatal accident. In a state where nearly one in four crashes is a hit-and-run, this legislation was a major step toward holding drivers accountable and seeking justice for families who have experienced a wrongful death.

Harsher Penalties for Hitting Pedestrians or Cyclists

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.

Paying for the Damage: What is 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.

Will You Lose Your License After a 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 Find Hit and Run Drivers?

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.

How You Can Help: Reporting Tips

Witnesses are often the key to solving hit-and-run cases. If you see something, say something—your information could be the missing piece that brings justice to a victim. If you have any information about a hit-and-run crash, you can report it directly by calling *FHP (*347) on your cell phone. For those who wish to remain anonymous, you can provide a tip to Florida Crime Stoppers by calling **TIPS (**8477). Don’t second-guess whether your information is valuable. Details like a partial license plate number, the color and make of the car, a description of the driver, or even the direction the vehicle was heading can be incredibly helpful to investigators. Every small detail helps law enforcement build a case and hold the responsible driver accountable.

Your First Steps After a Florida Hit and Run

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.

What to Do Right 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.

Document Everything Before Moving Vehicles

Unless your vehicle is in a dangerous position that poses an immediate threat to you or other drivers, try to leave it exactly where it came to rest after the impact. Moving your car can destroy critical evidence that accident reconstruction experts and law enforcement use to piece together what happened. Things like skid marks, the location of debris, and the final resting positions of the vehicles tell a story. Before anything is moved, use your smartphone to take as many photos and videos as possible from different angles. Capture wide shots of the entire scene, close-ups of the damage to your vehicle, any debris on the road, nearby traffic signs, and the general road conditions. This visual evidence is invaluable for the police report and is a cornerstone for building a strong personal injury claim, especially when the other driver isn’t there to dispute the facts.

Important Steps to Take After You’re Safe

  • 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.

Secure Surveillance Footage Immediately

Video evidence can be the key to identifying a hit-and-run driver, but it disappears quickly. Most businesses and public agencies overwrite their surveillance footage every few days or weeks. As soon as you can, look for surveillance cameras on nearby businesses in areas like The Villages or Mount Dora, check for traffic cameras at intersections, and ask other drivers if they might have dashcam footage. Getting this footage can be tricky, as property owners may not release it without a formal request. An experienced attorney can immediately send a preservation letter, a legal notice that requires the owner to save the evidence. This footage is not only crucial for finding the driver but also for proving the details of your car accident claim.

Investigate Potential Property Hazards

While the fleeing driver is the obvious at-fault party, they may not be the only one responsible for your accident. Take a close look at the scene and check for poor lighting, confusing signs, or potholes that might have caused or contributed to the accident. For example, if overgrown landscaping in a Wildwood shopping center blocked a stop sign, or if inadequate lighting in an Ocala parking garage made it hard to see, the property owner could be partially liable for creating a dangerous condition. This could open up a separate premises liability claim, providing another source of compensation for your injuries, especially if the hit-and-run driver is never found.

What About Hit and Runs in Parking Lots?

Parking lots in busy areas like The Villages or Ocala can feel like the Wild West. With cars pulling in and out of spots, pedestrians walking with carts, and drivers looking for the best space, accidents are incredibly common. But when a driver hits your car and takes off, it adds a layer of frustration and confusion. Many people believe that because parking lots are private property, the normal rules of the road don’t apply. This is a dangerous misconception. The same Florida laws that prohibit leaving the scene of an accident on a public highway apply with full force in a shopping center parking lot in Clermont or a grocery store lot in Leesburg. Understanding your rights and the other driver’s responsibilities is key to protecting yourself after a parking lot hit and run. Learn more about common causes of car accidents. Learn more about weather-related accidents.

Are Parking Lots Lawless Zones?

It’s a common myth that traffic laws disappear the moment you pull into a private parking lot. While it’s true that police may not issue a ticket for rolling through a stop sign in a mostly empty lot, they absolutely enforce serious laws. Offenses like DUI, reckless driving, and, most importantly, hit and run are still criminal acts regardless of where they occur. Florida’s hit and run statutes apply to any crash on public or private property. A driver who dings your door and flees the scene is committing a crime, just as they would be on I-75. The private ownership of the property does not give anyone a free pass to ignore their legal duty to stop, provide information, and render aid if necessary.

Determining Fault on Private Property

Even though parking lots are private, the same general principles of negligence determine who is at fault for an accident. Every driver has a fundamental duty to operate their vehicle in a safe and reasonable manner, pay attention to their surroundings, and yield the right-of-way when required. This duty of care doesn’t change whether you’re on a main road in Mount Dora or in a feeder lane at the mall. Insurance companies and courts will look at the actions of each driver to figure out who was careless. They’ll consider factors like who had the right-of-way, whether a driver was distracted, and if anyone was violating basic traffic safety rules, which can be complex in any car accident claim.

Right-of-Way Rules in Parking Lots

Parking lots have their own informal traffic patterns, and understanding them is key to determining fault. Generally, vehicles in the main traffic lanes—the wider lanes that circle the lot or lead to the exits—have the right-of-way over vehicles in the smaller feeder lanes between rows of parking spaces. This means a driver pulling out of a parking spot or driving down a feeder lane must yield to traffic in the main thoroughfare. If a driver in a feeder lane pulls out in front of a car in the main lane and causes a collision, the driver in the feeder lane is usually considered at fault for failing to yield.

Common Parking Lot Accident Scenarios

The most frequent type of parking lot crash involves a driver backing out of a space. If you are backing out of a spot and hit a vehicle that is actively driving down the lane, you will almost always be found at fault. The driver in the travel lane has the right-of-way. Another common scenario is when two vehicles backing out of opposite spots collide with each other. In this case, fault is often shared, as both drivers had a duty to ensure the path was clear before moving. Similarly, a driver who pulls forward through an empty parking space into the path of an oncoming car in the next lane is typically at fault for an unsafe maneuver.

Your Legal Duties After a Parking Lot Accident

Whether you tap a bumper or cause more significant damage, Florida law imposes specific duties on any driver involved in a crash—even a minor one in a parking lot. It doesn’t matter who was at fault; these obligations apply to everyone. Fulfilling these duties is not just the right thing to do; it’s required by law and is the only way to avoid facing criminal charges for leaving the scene. Knowing what the law expects of you can protect you from turning a simple fender-bender into a serious legal problem with lasting consequences. These steps are your roadmap for handling the situation correctly and legally.

When to Report the Crash to Police

You are legally required to report a parking lot accident to the police if it involves any injuries or fatalities, or if the property damage appears to be $500 or more. Given the high cost of modern vehicle repairs, even a seemingly minor dent or scrape can easily exceed this amount. A cracked bumper or a damaged sensor can cost thousands to fix. Because it can be difficult to estimate damage on the spot, the safest course of action is to call the police to document the incident. A police report creates an official record of the crash, which is invaluable for your insurance claim.

What to Do for Minor Damage to an Unattended Car

If you hit a parked, unoccupied vehicle, you must take reasonable steps to find the owner. You can go into the nearby stores and ask them to make an announcement over the loudspeaker. If you cannot locate the owner, you are legally required to leave a note in a secure and obvious place on their vehicle, like under a windshield wiper. The note must include your name, address, and vehicle registration number. It’s also a good idea to include your phone number and insurance information. Simply driving away without leaving a note is a hit and run and a second-degree misdemeanor in Florida.

Filing a Crash Report on Your Own

In situations where no one was injured and a police officer does not respond to the scene, you and the other property owner can file a crash report on your own. The Florida Department of Highway Safety and Motor Vehicles provides a form for this purpose. This allows you to create an official record of the incident for insurance purposes without waiting for law enforcement. However, having an officer document the scene often creates a more objective and detailed report. If you are the victim of a hit and run and later identify the driver, a police report filed at the time of the incident will be a much stronger piece of evidence for your case. If you need help with the claims process, the team at Injury LawStars is here to help.

Using Your Insurance After a Hit and Run

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.

How Your PIP Coverage Helps

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.

Why Uninsured Motorist Coverage is Key

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.

How to File Your Hit and Run Claim

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.

What if You Were Partially at Fault?

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 Compensation Can You Recover?

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.

Recovering Your Financial Losses

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

Getting Compensated for Pain and Suffering

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.

How Long Do You Have to File a Claim 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.

Can I use my uninsured motorist coverage?

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.

Why You Should Speak with a Hit and Run Lawyer

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.

Learn more about how drunk driving affects society. Learn more about road rage and aggressive driving. Learn more about distracted driving.

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Attorney Katie Miller - Managing Partner at Injury LawStars

About the Author

Katie Miller, Esq.

Managing Partner · Injury LawStars

Attorney Katie Miller was once an injury victim herself. After a car accident in 2016 that required spinal surgery and a 13-month recovery, she turned her experience into a mission: fighting for people who are hurting. With 17+ years of legal experience and over \$45 million recovered for clients, Katie brings both professional expertise and personal understanding to every case.