What are your legal options after a hit-and-run accident in Miami?

By: David W. Lipcon, Esq.

If a driver hit you and fled, you are not without options, even if that driver is never identified. Your own Personal Injury Protection coverage pays your medical bills regardless of fault, and uninsured motorist coverage exists specifically to step in when the at-fault driver cannot be found.

Recovery in a hit-and-run runs through your own policy rather than the other driver’s, which makes the coverage you carry, and the steps you take in the first days, unusually important.

Contact the Miami car accident attorneys at Lipcon & Lipcon, P.A. for a free consultation, or call (305) 670-6144. We can review your coverage and pursue every source of recovery available to you.

How common are hit-and-run crashes in Florida?

They are far from rare. The Florida Department of Highway Safety and Motor Vehicles reports that there were 104,273 hit-and-run crashes statewide in 2023, causing 271 deaths and 871 serious bodily injuries. Roughly a quarter of all crashes in Florida involve a driver who leaves. Pedestrians and cyclists bear much of the harm, accounting for about 76% of hit-and-run fatalities that year.

Does insurance still pay if the driver is never found?

Yes, and this is the part most people do not realize. Two coverages can respond even when the other driver is a mystery:

Because Florida does not require drivers to carry bodily injury liability coverage, UM coverage is often the most valuable protection a Florida driver owns. In a hit-and-run, it is frequently the only coverage that can pay for anything beyond the first $10,000 of medical bills.

How does uninsured motorist coverage work in a hit-and-run?

Uninsured motorist coverage is governed by § 627.727. Insurers must offer it, though you can reject it in writing, and it applies when the at-fault driver has no insurance, too little insurance, or cannot be identified at all. Because a phantom-vehicle claim rests on your account of what happened, insurers scrutinize these claims closely, which is why a prompt police report and any independent corroboration matter so much. Reporting the crash promptly and consistently is the strongest thing you can do to support the claim.

How do you know whether you carry uninsured motorist coverage?

Check your declarations page, the summary sheet your insurer sends with the policy, and look for a line reading uninsured or underinsured motorist. Many Florida drivers assume they have it and do not, because it can be rejected in writing to lower the premium. If you carry it, the limits and whether the coverage is stacked across multiple vehicles both affect how much is available. Coverage may also extend to you as a passenger, a pedestrian, or a household family member, so it is worth checking every policy in the home before assuming there is nothing to claim.

Does PIP still apply after a hit-and-run?

It does, with the same rules that apply to any Florida crash. Under § 627.736, you must receive initial medical care within 14 days of the crash or you forfeit PIP medical benefits entirely. A qualified provider must also determine that you have an emergency medical condition to unlock the full $10,000, rather than a $2,500 cap. The chaos after a hit-and-run makes it easy to let that 14-day window slip, and no exception applies once it closes. Getting evaluated quickly also documents the injuries while the connection to the crash is clear.

What should you do right after a hit-and-run?

What you do in the first hour often decides whether the driver is identified. If you are able:

Paint transfer and broken vehicle parts left at the scene can be surprisingly useful, because they can identify the make and model of the fleeing vehicle.

How are fleeing drivers identified?

Many hit-and-run drivers are found. Police work from surveillance and doorbell video, traffic camera footage, debris and paint left at the scene, body-shop repair reports, tips from the public, and witness descriptions of the vehicle and plate. Private investigation can supplement that work, especially in canvassing businesses for video before it is overwritten. Video is usually the single most valuable evidence, and most systems record over themselves within days, so speed matters. A request made in the first week can preserve footage that would be gone by the second.

Why do drivers flee?

Understanding why drivers run helps explain what investigators look for. Most flee because of something they were already doing wrong: driving under the influence, having no insurance, driving on a suspended or revoked license, driving a stolen vehicle, or fearing immigration or criminal consequences. That pattern matters to your claim, because a driver who fled for one of those reasons often turns out to have no meaningful insurance even once identified, which is precisely the situation uninsured motorist coverage was built to address.

What are the criminal penalties for leaving the scene?

Fleeing is a crime in Florida, separate from any civil claim. Under § 316.027, known as the Aaron Cohen Life Protection Act, leaving the scene of a crash involving injury is a felony, and leaving the scene of a fatal crash carries a mandatory minimum sentence of four years in prison. The law is named for a Miami cyclist killed by a fleeing driver in 2012.

Is the criminal case the same as your injury claim?

No, and this trips up a lot of people. The criminal case is brought by the state to punish the driver for fleeing, and you are a witness in it rather than a party. Your injury claim is a separate civil matter you control, aimed at compensating your losses. A criminal conviction can help your civil case, but you do not have to wait for it, and you can recover through your own coverage even if no one is ever charged.

What if the driver is identified?

If police find the driver, your claim can proceed against that person and their liability insurance, much like any other crash. Their coverage becomes the first source of recovery, and your uninsured motorist coverage may still apply on top if their limits are too low to cover your injuries. Fleeing the scene also tends to hurt the driver in the civil case, since it reflects poorly on them and can support a claim for punitive damages in serious cases.

What damages can you recover?

The damages available depend on which coverage responds, but a full claim can include past and future medical expenses, lost wages and lost earning capacity, pain and suffering, and vehicle damage. To recover pain and suffering, your injury generally must meet the serious injury threshold in § 627.737, which requires a permanent injury, significant and permanent loss of an important bodily function, significant scarring or disfigurement, or death.

How long do you have to file a claim in Florida?

For a negligence claim against an identified driver, the deadline is generally two years under § 95.11(4)(a) for crashes on or after March 24, 2023. An uninsured motorist claim is a contract claim against your own insurer with its own separate deadline, and your policy almost certainly requires prompt notice, so reporting early protects both paths.

Talk to a Miami car accident lawyer

Lipcon & Lipcon, P.A. has represented injured people across Miami and South Florida since 1993. Founding partner David W. Lipcon has practiced law in Florida since 1992 and handles car accident claims throughout Miami-Dade, including hit-and-run cases where recovery depends on your own coverage. If a driver fled after hitting you, contact our Miami office for a free consultation or call (305) 670-6144.

Frequently Asked Questions

Can you recover if the hit-and-run driver is never found?

Yes. Your own PIP coverage pays regardless of fault, and uninsured motorist coverage under § 627.727 is designed to pay when the at-fault driver cannot be identified.

Does insurance cover a hit-and-run in Florida?

PIP covers 80% of medical bills and 60% of lost wages up to $10,000 regardless of fault. Uninsured motorist coverage, if you carry it, covers damages beyond that.

What should you do after a hit-and-run in Miami?

Call 911 and report it, write down anything you recall about the vehicle, look for witnesses and nearby cameras, get medical care within 14 days, and notify your own insurer.

Is leaving the scene of an accident a felony in Florida?

It can be. Under § 316.027, leaving the scene of a crash involving injury is a felony, and a fatal hit-and-run carries a four-year mandatory minimum sentence.

How long do you have to file a hit-and-run claim in Florida?

Generally two years for a negligence claim under § 95.11(4)(a). Uninsured motorist claims are contract claims with their own deadline and require prompt notice.

For more on these claims, visit our Miami car accident lawyer page.