A hit-and-run accident is one of the most devastating types of accidents. Victims are left injured, confused, and often unsure of where to turn. In Florida, the law allows injured drivers, pedestrians, or passengers to pursue compensation even if the at-fault driver leaves the scene.
Attorney Eric Matthew Rubenstein explains what to do after a hit-and-run accident in Florida and whether you can file a lawsuit if the responsible driver is never found.
What Is a Hit-and-Run Accident?
A hit-and-run happens when a driver causes a crash and leaves without providing their information or helping anyone who was hurt. This includes accidents involving other vehicles, cyclists, and pedestrians.
Florida Statute 316.027
Under this statute, any driver involved in a crash that results in injury or death must stop and remain at the scene. Leaving the scene is a felony offense in Florida. Penalties include license suspension, fines, and possible prison time. This law helps protect victims and ensures emergency help is provided immediately.
These cases often involve:
- Rear-end collisions
- Crosswalk accidents
- Side-impact crashes
- Parking lot incidents
Even when the driver cannot be identified, victims still have legal options.
Can You Sue If the Driver Is Never Found in a Hit-and-Run Accident in Florida?
Yes. Florida law provides a path to recovery through your own insurance policy if you carry uninsured motorist coverage. This allows victims to receive compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Long-term treatment or disability
Uninsured motorist coverage is optional in Florida, but it is one of the only ways to recover damages in a hit-and-run where the driver disappears.
What If You Identify the Driver Later?
If police or investigators identify the at-fault driver after the crash, you may have the right to sue. That lawsuit can pursue both economic and non-economic damages, including emotional harm and loss of quality of life.
The criminal case for leaving the scene is handled separately. Your personal injury case focuses on securing compensation for your losses.
What You Must Prove
To succeed in a car accident lawsuit in Miami involving a hit-and-run, you need to prove:
- Another driver caused the crash through negligence or recklessness
- You suffered injuries or damages as a result
- You made a reasonable effort to identify the driver, if unknown
- You followed the proper legal and insurance procedures
A lawyer will help collect police reports, camera footage, eyewitness statements, and medical documentation to build your case.
What Is the Deadline to File a Claim?
In Florida, most hit-and-run lawsuits must be filed within two years of the accident. This statute of limitations is strict. Waiting too long could cause you to lose the right to compensation.
Promptly reporting the accident and preserving evidence can make a major difference in the outcome of your case.
Why You Should Contact a Hit-and-Run Lawyer in Florida
Insurance companies often delay or deny hit-and-run claims. They may argue that your injuries were unrelated or that your policy does not apply. A qualified hit-and-run attorney in Miami can help:
- Handle all insurance communications
- Pursue uninsured motorist claims
- Investigate the incident thoroughly
- File a lawsuit if needed
Attorney Eric Matthew Rubenstein understands how to protect the rights of injury victims after a driver disappears.
When to Call an Uninsured Driver Attorney in Miami
If you were hurt in a hit-and-run or struck by a driver with no insurance, speak with an attorney as soon as possible. You may be entitled to compensation, even if you do not know the name of the other driver.
Call (877) 829-ERIC or visit our contact page for a free consultation. You do not pay unless there is a recovery.
Related article: Car Accident in Miami: What to Do Next According to Attorney Eric Rubenstein
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to get advice specific to your situation.
