Florida accident guide

Hit and run accident in Florida: what to do and what insurance may cover

Written by Dolina Lascaze, Esq., a former prosecutor with about 19 years on the insurance and defense side. Updated October 5, 2026.

Key takeaways

Leaving the scene of a crash with injuries is a felony in Florida.
Call 911, report the crash and look for cameras and witnesses right away.
Your PIP and, depending on your policy, uninsured motorist coverage may apply.
Treatment generally must begin within 14 days to keep PIP benefits available.
Check your policy for notice and police report conditions, and act quickly.

The short answer

If a driver hit you and fled, you are not without options. Call 911, get medical care, report the crash and preserve evidence. Your own PIP coverage generally pays first, and uninsured motorist (UM) coverage on your own policy may apply to the driver who cannot be identified. Whether it does depends on your policy terms, so read them carefully or have a lawyer do so.

A hit and run is stressful because the person responsible is gone, and the insurance questions feel confusing. This guide walks through what Florida law requires of drivers, what to do in the first hours and days, how coverage may work, what evidence matters and when to call a Florida personal injury lawyer. This article is general information, not legal advice.

What the law requires of drivers

Florida requires a driver in a crash involving injury or death to stop immediately and remain at the scene. Leaving can be a felony: a third degree felony when there is an injury, a second degree felony for serious bodily injury, and a first degree felony for death, with additional penalties (Florida Statutes 316.027). Drivers must also provide their information and render reasonable aid.

Crash reporting rules also apply (Florida Statutes 316.065), which is another reason to call the police rather than treat a fled crash as a private matter. A police report creates an official record that your insurer will almost certainly want to see.

What to do right away

Call 911 and get medical care, even if you feel only sore. Adrenaline can hide injuries.
Write down everything you remember: make, model, color, plate numbers, direction of travel and the driver.
Look for witnesses and ask them to stay or share their contact information.
Ask nearby businesses and homeowners whether cameras recorded the crash. Footage is often overwritten within days.
Photograph the scene, your vehicle, debris, paint transfer and your injuries.
Notify your own insurance company promptly.
Get a copy of the police report and note the report number.

Do not wait to see if you feel better. Under the PIP statute, treatment generally must begin within 14 days of the crash to keep benefits available (Florida Statutes 627.736). See our Florida 14 day PIP rule guide.

How insurance may help

PIP comes first

Your own PIP coverage generally pays first, if treatment begins within 14 days (Florida Statutes 627.736). PIP generally pays 80 percent of reasonable medical expenses and 60 percent of lost income, up to $10,000 if a doctor determines you had an emergency medical condition and $2,500 otherwise. It applies regardless of who was at fault, which matters when the at fault driver cannot be found.

Uninsured motorist coverage

Beyond PIP, many policies treat a hit and run driver who cannot be identified as an uninsured motorist for purposes of uninsured motorist (UM) coverage (see Florida Statutes 627.727 for the statutory rules on UM coverage). Florida requires policies that include bodily injury liability coverage to offer UM unless the insured rejected it in writing, but the statute does not expressly address hit and run situations. Whether UM applies to you depends on your own policy, so read the policy language or have a lawyer review it. Policies can require prompt notice and a police report, and some contain other conditions about how the other vehicle must be identified. Our guide to being hit by an uninsured driver explains how UM claims generally work.

Collision and other coverage

Vehicle damage is a separate question. Collision coverage on your own policy, if you have it, may pay for repairs subject to your deductible. Health insurance or other benefits may help with medical costs not covered by PIP. A lawyer can help you sort out which coverage applies in which order.

How insurers evaluate a hit and run claim

Insurers dealing with a phantom driver claim usually look at whether the claim is genuine and documented. Adjusters typically look at the police report, whether the crash was reported promptly, the physical evidence on your vehicle, witness accounts, and how consistent your description is over time.

In my years on the insurance side, the claims that ran into trouble were the ones with no police report, a long delay before the insured reported the crash, or inconsistent descriptions. None of that means your claim is weak. It means documentation is your best friend.

Common mistakes

Not calling the police because the damage seemed minor.
Waiting more than 14 days to see a doctor.
Failing to tell your own insurer promptly.
Giving a recorded statement without understanding your policy (see our recorded statement guide).
Not canvassing for cameras before footage is erased.

Evidence that matters most

The police report and report number.
Video from traffic cameras, businesses, doorbells and dash cameras. Act fast, because many systems overwrite within days.
Witness names and phone numbers.
Photographs of your car, including paint transfer, debris and damage patterns.
Your notes from the scene, written the same day.
Medical records showing when treatment began and what you reported.
Your insurance policy, including UM and PIP provisions.

Ask the officer whether the agency plans to follow up on any cameras. In some cases, officers canvass; in others, you or your lawyer may need to ask. A lawyer can send preservation requests promptly, which can make the difference when footage would otherwise be lost.

If the driver is found later

If police identify the driver, you may be able to bring a claim against that person and their insurer. A driver who fled may also face criminal charges, but a criminal case is separate from your claim for your injuries.

Florida generally gives you 2 years to file a negligence lawsuit (Florida Statutes 95.11), and the clock does not stop just because the driver has not been found. If fault is later disputed, Florida's comparative fault rule can reduce a recovery by your share of fault, and a plaintiff found more than 50 percent at fault is generally barred (Florida Statutes 768.81). Careful evidence from the start protects you either way.

Special situations: pedestrians, cyclists and rideshare passengers

Hit and run crashes are not limited to two cars. Pedestrians and cyclists are often the victims, and they may have coverage through their own auto policy, a household relative's policy, or other sources, depending on the circumstances. Passengers in a vehicle may have more than one policy to look at. Because the answers depend on the exact policy language and who lives in your household, ask a lawyer to review every policy that might apply before assuming you have no coverage.

Fatal hit and run crashes carry additional legal questions. Wrongful death claims generally have a 2 year limit (Florida Statutes 95.11), and the family may need to move quickly to preserve evidence and make insurance claims. If you have lost a loved one, a free consultation can help you understand the next steps without pressure.

Common myths about hit and run claims

Myth: If the driver is not found, I have no claim. Reality: Your own PIP and, depending on your policy, UM coverage may apply.
Myth: I do not need a police report if I am not badly hurt. Reality: A report is often a policy condition and key evidence.
Myth: My rates will always go up and I should not report it. Reality: Not reporting can put your benefits at risk. Ask your insurer or a lawyer how a claim may affect your policy.
Myth: I can wait and see if my pain goes away. Reality: PIP treatment generally must begin within 14 days.
Myth: The criminal case will pay my medical bills. Reality: A criminal case is separate from your injury claim.

When to call a lawyer

Hit and run claims often involve missing information and quick deadlines. A lawyer can preserve evidence, review coverage and deal with the insurer. Lascaze Law serves injured people in Miami, North Miami Beach, Fort Lauderdale, Orlando, Tampa and across Florida, and the first consultation is free.

Consider calling right away if you were seriously hurt, if you are unsure whether your UM coverage applies, if your insurer is questioning the claim, or if a family member was killed. A car accident claims attorney can explain options for people in Port St. Lucie, Fort Pierce, Ocala or Lakeland as easily as in South Florida. If you are near those areas, you can also look at our pages for a Port St. Lucie accident lawyer, Ocala accident lawyer or Lakeland accident lawyer.

How Lascaze Law helps

Lascaze Law offers a free consultation, and you speak directly with attorney Dolina Lascaze, Esq., not only with a call center. The firm's only office is in Aventura, but you do not need to come here. Intake can be done by video call and documents can be signed digitally, so injured people anywhere in Florida can get help from home, whether that is Miami-Dade, Broward, Palm Beach, the Treasure Coast, Central Florida or the Gulf Coast.

Dolina spent about 19 years on the insurance and defense side, as a former prosecutor and then in senior leadership, with trial experience. She now represents injured people. That background means she understands how these claims are evaluated from the inside, and she uses that knowledge for you. No lawyer can promise a result, but you can get a candid assessment before you decide anything. For background on fees, see how car accident lawyers are paid in Florida.

Whether you are looking for a Miami Gardens accident lawyer, an Apopka accident lawyer or a Gainesville accident lawyer, Florida's rules are the same statewide, and Lascaze Law offers a free consultation to injured people in all of these areas.

Frequently asked questions

What should I do first after a hit and run accident in Florida?

Call 911, get medical care, and write down every detail you remember, including the vehicle description and plate if you saw it. Collect witness contacts, photograph the scene, ask nearby businesses about cameras, and notify your own insurer promptly. Start treatment quickly, because PIP generally requires it within 14 days (Florida Statutes 627.736).

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

It can be. When a crash involves injury, leaving the scene can be a third degree felony. It is a second degree felony for serious bodily injury and a first degree felony for death, with additional penalties (Florida Statutes 316.027). Drivers must stop, remain at the scene, and provide information and reasonable aid.

Will my insurance cover a hit and run?

PIP generally pays first if treatment begins within 14 days (Florida Statutes 627.736). Uninsured motorist coverage may also apply when the driver cannot be identified, but the statute on UM coverage (Florida Statutes 627.727) does not expressly address hit and run, so your policy terms control. Collision coverage may help with vehicle damage.

Do I need a police report to make a hit and run claim?

Policies commonly require one, and it is important evidence in any event. Call the police from the scene if you can, or report the crash promptly afterward, and keep the report number. Delays can make an insurer question the claim, so do not wait.

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

For negligence claims arising after March 24, 2023, Florida generally allows 2 years to file suit (Florida Statutes 95.11). Wrongful death claims also generally have a 2 year limit. Your insurance policy may have shorter notice requirements, so report the crash and talk to a lawyer early.

What if the hit and run driver is found later?

You may be able to bring a claim against that driver and their insurer. A criminal case against the driver is separate from your claim for your injuries and does not replace it. Keep your records and let your lawyer know immediately if police identify the driver.

Can I get help if I cannot come to the office?

Yes. Lascaze Law has one office in Aventura, but intake can be done by video and documents signed digitally, so injured people anywhere in Florida can get help. The first consultation is free, and you can speak directly with the attorney.

Florida statutes referenced

About the author

Dolina Lascaze, Esq. is the founding and managing attorney of Lascaze Law in Aventura. She began her career as a prosecutor, spent about 19 years on the insurance and defense side, including trial work and senior leadership at a major insurance company, and now represents injured people across Florida. She has tried more than 40 criminal and more than 30 civil cases. Because she has seen how claims are evaluated from the inside, she can explain what insurers look for and how to protect your claim from the start. Read more.

This article is general information, not legal advice. Every case is different, laws change, and nothing here guarantees or predicts the outcome of any case.

Where Lascaze Law helps

Our only office is in Aventura. We represent injured people in these areas and across Florida: