By Jay Wasserman

A 52-year-old hotel housekeeper finishes a late shift near U.S. 192 in Kissimmee and starts the walk home. As she crosses a side street at about 10:40 p.m., a dark SUV turning right strikes her, knocks her to the pavement, and accelerates away. A man waiting at the bus stop sees the SUV leave and remembers three characters of the license plate. She is taken to the hospital with a fractured tibia that requires surgery and a plate and screws. She will not be able to stand for a full shift for months.

She does not own a car. She lives with her adult son, who does. The sheriff’s office has a partial plate and a vehicle description, but no arrest. Her questions are the ones every hit-and-run victim asks: Who pays my hospital bills? What if they never find the driver? What if they find him and he has no insurance?

Hit-and-run crashes are among the most frustrating cases in Florida injury law, because the person responsible is missing from the beginning and may never be found. They are also cases where the injured person’s recovery often depends far less on the driver than on insurance policies the injured person or a family member already has, and on steps taken in the first few days. This article explains how hit-and-run claims work in Florida, who pays, and what to do.

Why Florida has so many hit-and-run crashes

Florida consistently records tens of thousands of hit-and-run crashes each year, according to the Florida Department of Highway Safety and Motor Vehicles, which runs an annual “Stay at the Scene” campaign to address the problem. Hundreds of people are killed in them every year, and pedestrians and bicyclists make up a large share of those deaths.

The reasons drivers flee are familiar to anyone who handles these cases: they are impaired, they are driving without a valid license, they have outstanding warrants, they fear immigration consequences, or they are uninsured. That last reason ties directly to Florida law. Florida requires most drivers to carry personal injury protection and property damage liability, but does not require bodily injury liability coverage for most drivers, and studies have long estimated that roughly one in five Florida drivers is uninsured altogether. A driver with nothing to lose financially by staying may also see little reason to stay.

The law on leaving the scene

Every driver involved in a crash resulting in injury or death must immediately stop at the scene, or as close as possible, and remain there until the requirements of Fla. Stat. § 316.062 are met: giving their name, address, and vehicle registration number, showing their license on request, and rendering reasonable assistance to anyone injured, including arranging transport to a hospital when it is apparent that treatment is needed or the injured person requests it.

Under Fla. Stat. § 316.027, a driver who willfully leaves the scene of a crash commits:

A third-degree felony if the crash resulted in injury.
A second-degree felony if it resulted in serious bodily injury.
A first-degree felony if it resulted in death, with a four-year minimum mandatory prison sentence and revocation of the driver’s license for at least three years.

The serious bodily injury tier and the minimum mandatory sentence were added by the Aaron Cohen Life Protection Act in 2014, named for a cyclist killed by a hit-and-run driver on the Rickenbacker Causeway in Miami. The Legislature’s goal was to eliminate the incentive for an impaired driver to flee rather than face a DUI investigation. Leaving the scene of a crash involving only property damage is a misdemeanor under § 316.061.

These are criminal statutes, and the criminal case belongs to the State. The injured person’s civil claim for compensation is separate. It does not depend on an arrest or a conviction, and it can proceed even if the driver is never identified.

Who pays when the driver is never found

Step one: personal injury protection

Florida’s no-fault system means that, in a hit-and-run as in any car crash, the first source of payment for medical bills and lost wages is usually personal injury protection (PIP) under Fla. Stat. § 627.736, regardless of who was at fault.

If you own a car, your own PIP applies, including when you are injured as a pedestrian or bicyclist.
If you do not own a car, you may be covered under the PIP of a resident relative, a relative who lives in your household and owns an insured vehicle.
If you were a passenger, the PIP covering the vehicle you were in may apply if you have no PIP of your own.

PIP pays 80 percent of reasonable medical expenses and 60 percent of lost income, up to $10,000 total, subject to two rules that matter immediately. Initial treatment must be received within 14 days of the crash, or PIP pays nothing. And unless a qualifying provider determines that the injured person had an emergency medical condition, the medical benefit is limited to $2,500. Our guide to car accidents in Florida explains PIP in detail.

For anyone seriously hurt, $10,000 does not go far. The coverage that usually matters most comes next.

Step two: uninsured motorist coverage

Uninsured motorist (UM) coverage under Fla. Stat. § 627.727 is the main source of recovery in most serious hit-and-run cases. In Florida, a hit-and-run vehicle whose driver cannot be identified is treated as an uninsured vehicle, so UM coverage applies when the driver who hit you is never found, just as it applies when the driver is found and has no bodily injury coverage.

Three features of UM coverage make it more valuable than most people realize:

It follows the person, not the car. A named insured and resident relatives are generally covered when struck as a driver, a passenger in someone else’s car, a pedestrian, or a cyclist. In the opening example, the housekeeper’s son’s UM coverage may protect her, even though she was on foot and does not own a car.
It may stack. Under § 627.727(9), UM coverage is stacked by default unless the insured elected non-stacked coverage in the form the statute requires. Stacked coverage multiplies the limit by the number of vehicles on the policy.
It may be available even if you think it was rejected. A UM rejection must be made in writing on a form that meets statutory requirements. If the rejection form is missing or defective, coverage may exist by operation of law.

UM coverage also pays for non-economic damages, such as pain and suffering, which PIP does not. In a car crash case, those damages generally require proof of a permanent injury or one of the other thresholds in Fla. Stat. § 627.737(2), the same rule that applies in a claim against an identified driver.

Our guide to uninsured motorist claims in Florida explains how UM claims work, including the rejection and stacking rules and the bad faith remedies available when the insurer refuses to pay fairly.

Proving there was another vehicle

The central problem in a hit-and-run UM claim is proof. The insurer will want evidence that an unidentified vehicle actually caused the crash, and not, for example, that a driver lost control on their own or that a pedestrian fell. The Florida Supreme Court held in 1971, in Brown v. Progressive Mutual Insurance Co., that UM coverage cannot be limited to cases in which the unidentified vehicle physically struck the insured’s vehicle, so a “miss-and-run,” where a driver forces you off the road without touching your car, can be covered. But the burden of proving that the other vehicle existed and caused the crash remains on the injured person, and policies commonly require prompt reporting to law enforcement.

The evidence that carries that burden includes:

Independent witnesses, especially those with no connection to the injured person.
Physical evidence: paint transfer, broken headlight or mirror fragments, tire marks, and damage to the vehicle or bicycle that is inconsistent with a single-vehicle crash.
Video from traffic cameras, businesses, doorbell cameras, buses, and other vehicles’ dash cameras.
The police report, including the time the crash was reported, which is why calling 911 from the scene matters.
Medical findings consistent with being struck by a vehicle.

The UM carrier is on the other side

A UM claim is a claim against your own insurance company, but in practice the insurer stands in the shoes of the missing driver and contests liability and damages the way that driver’s insurer would. The policy will require cooperation, which can include a recorded statement, an examination under oath, medical records authorizations, and a medical examination. Those obligations must be honored, but they should be handled with an understanding of how the information will be used. A lawyer should be involved before a recorded statement or an examination under oath.

Other sources

Health insurance, Medicare, and Medicaid pay medical bills that PIP does not cover, subject to their right to be reimbursed from any recovery. Our guide to personal injury settlement liens in Florida explains how those reimbursement claims are resolved.
Workers’ compensation applies if the injured person was working at the time, such as a delivery driver struck while making a stop, or a construction flagger on a roadway job.
Rideshare and delivery coverage. If you were a passenger in a rideshare vehicle, or a rideshare driver with a passenger, the transportation network company’s insurance under Fla. Stat. § 627.748 may provide coverage. Our guide to rideshare accidents in Florida explains how that coverage depends on the phase of the trip.
Employer and other household policies. A crash in a company vehicle may trigger the employer’s UM coverage. Every policy in the household should be identified.

Florida’s crime victim compensation program

Because leaving the scene of a crash with injury is a crime, a hit-and-run victim may be eligible for help from Florida’s victim compensation program under Chapter 960, Florida Statutes, administered by the Office of the Attorney General. The program can help pay for medical care, lost wages, mental health counseling, and, in fatal cases, funeral expenses, subject to statutory limits, after other sources such as insurance are applied. Eligibility generally requires that the crime be reported to law enforcement within 72 hours, that the victim cooperate with the investigation, and that the claim be filed within one year, with extensions available in some circumstances. The program is a payer of last resort and its benefits are capped, but for a victim with little or no insurance, it can fill a real gap.

Finding the driver

A hit-and-run driver who is identified becomes a defendant with potential liability, and sometimes with assets or insurance. Many are identified. The window to find them, however, is short.

Law enforcement. Hit-and-run crashes are investigated by the Florida Highway Patrol or local police and sheriff’s offices. Investigators canvass for video, collect debris, and issue alerts to body shops and auto parts suppliers. Fragments of a headlight, grille, or mirror can often identify a vehicle’s make, model, and year range. Crime Stoppers programs throughout Florida pay rewards for anonymous tips that lead to arrests.

Video and plate readers. Much of Florida is now covered by private and public cameras: FDOT traffic cameras, red-light cameras, business security systems, doorbell cameras, and automated license plate readers used by many cities and counties. Most of this footage is recorded over within days or weeks. Investigators and lawyers who move quickly can request or demand its preservation before it is lost.

Private investigation. A lawyer may retain an investigator to canvass the area, identify cameras, interview witnesses, and run partial plate and vehicle description searches, in parallel with the police investigation. Coordination with law enforcement avoids interfering with the criminal case.

Social media. Drivers involved in crashes, and people who know them, sometimes post about damaged vehicles or the incident itself.

When the driver is identified

Claims against the driver and the owner

Once identified, the driver can be sued for negligence. The vehicle’s owner is also liable under Florida’s dangerous instrumentality doctrine when the owner voluntarily entrusted the vehicle to the driver, even if the owner was not present. The main exception is a vehicle that was stolen or otherwise taken without the owner’s consent, in which case the owner is generally not liable. Hit-and-run drivers are frequently driving a vehicle that belongs to someone else, such as a family member, an employer, or a rental company, which can add an insured defendant to the case. Rental and leasing companies have limited liability under federal and Florida law. Our guide to rental car accidents in Florida explains those limits.

If the driver was working at the time, such as a delivery or service driver, the employer may be liable as well.

If the identified driver is uninsured or underinsured

Identifying the driver does not end the UM claim. If the driver and owner have no bodily injury coverage, or not enough to cover the injuries, the injured person’s UM coverage still applies, and its role shifts from covering an unidentified vehicle to covering an underinsured one. Florida’s UM statute contains specific rules about settling with an underinsured driver’s carrier without the UM insurer’s consent, and those rules should be followed carefully before any release is signed.

Punitive damages and the significance of flight

Fleeing the scene is strong evidence of consciousness of fault, and it frequently goes hand in hand with impairment. Florida allows punitive damages for intentional misconduct or gross negligence under Fla. Stat. § 768.72, but a plaintiff must first obtain the court’s permission based on an evidentiary showing. When the driver was impaired, the statutory caps on punitive damages do not apply under Fla. Stat. § 768.736. Our guide to drunk driving crash claims in Florida explains how impairment affects a civil case. A driver’s failure to render aid can also matter on damages if the delay in medical care worsened the injuries.

The criminal case and the civil case

The criminal and civil cases proceed separately, and on different timelines. A criminal court may order restitution for the victim’s economic losses, but restitution does not include pain and suffering and is often difficult to collect. A guilty plea or conviction can be useful evidence in the civil case, although statements a driver makes to an officer for the purpose of completing a crash report are privileged under Fla. Stat. § 316.066(4) and cannot be used at a civil trial. Victims also have rights in the criminal case under Florida’s constitution, including the right to be informed and heard at key stages.

Comparative fault in hit-and-run cases

The driver’s flight does not prevent the insurer from arguing that the injured person was partly at fault. In pedestrian and bicycle cases, insurers commonly point to dark clothing, the absence of lights on a bicycle, crossing outside a crosswalk, or alcohol. Under Fla. Stat. § 768.81, as amended in 2023, a plaintiff found more than 50 percent at fault recovers nothing, and a plaintiff found less at fault has damages reduced accordingly. In a UM claim, the insurer stands in the missing driver’s shoes and can raise the same arguments. Our guide to pedestrian and bicycle accidents in Florida discusses the traffic statutes that most often decide fault in those cases.

Because there is no driver to tell the other side of the story, witness accounts, video, and the physical evidence decide fault. That makes the early investigation even more important than in an ordinary crash case.

Deadlines

Report the crash immediately. Calling 911 from the scene creates a record of the crash and its timing, which supports both a UM claim and victim compensation eligibility. Victim compensation generally requires a report within 72 hours.
Seek medical care within 14 days, or PIP benefits are lost.
Notify your insurer promptly. UM policies contain notice requirements, and late notice can create a coverage dispute.
The negligence claim against an identified driver generally must be filed within two years for crashes after March 24, 2023, under Fla. Stat. § 95.11. Wrongful death claims also carry a two-year period.
The UM claim is a contract claim against your own insurer and generally carries a longer limitations period, but the policy’s notice and cooperation conditions apply much sooner.
A victim compensation claim generally must be filed within one year.

Our guide to the personal injury statute of limitations in Florida covers these deadlines and the exceptions to them.

When a hit-and-run is fatal

When a hit-and-run crash kills someone, Florida’s Wrongful Death Act allows the personal representative of the estate to bring a claim for the benefit of the surviving spouse, children, parents in some circumstances, and other dependents, and for the estate. The decedent’s own UM coverage, and the UM coverage of resident relatives, may provide the primary source of recovery, and the same stacking and rejection issues apply. Our guide to wrongful death claims in Florida explains who may recover and for what. Families in these cases are often dealing with a criminal investigation, the press, and grief all at once, and the civil claim should be handled in a way that does not interfere with the prosecution.

What to do after a hit-and-run

Call 911 and stay at the scene if you are able. Report the crash as a hit-and-run.
Note everything you can about the vehicle: color, make, model, body style, any part of the license plate, damage, the direction it went, and the driver’s appearance.
Get witnesses’ names and phone numbers. Independent witnesses may be the most important evidence in the case.
Photograph the scene, your injuries, your vehicle or bicycle, and any debris left by the other vehicle. Do not let a damaged bicycle or vehicle be discarded or repaired until it has been documented.
Look for cameras at nearby businesses, homes, and intersections, and tell the investigating officer and your lawyer about them quickly. Footage is often recorded over within days.
Get medical care right away, and in any event within 14 days.
Notify your own insurer, and identify every policy in your household, including vehicles owned by relatives you live with.
Get the crash report number and the investigating officer’s name and agency.
Talk to a lawyer before giving a recorded statement to any insurer, including your own UM carrier.
Stay off social media about the crash and your injuries.

Back to the housekeeper

Applying these rules to the opening example:

PIP. She owns no car, but she lives with her son, who does. As a resident relative, she is likely covered by his PIP, which will pay 80 percent of her medical bills and 60 percent of her lost wages up to $10,000, provided she was treated within 14 days, as she was, and her providers documented an emergency medical condition.

UM. If her son’s policy carries UM coverage, she is likely an insured under it as a resident relative, even though she was walking. If the policy covers more than one vehicle and is stacked, the available limit may be several times the face amount. If the policy shows no UM coverage, her lawyer will request the signed rejection form, because a defective rejection may mean the coverage exists.

Proving the hit-and-run. The bus stop witness, the partial plate, the debris at the scene, and the timing of the 911 call give her strong evidence that an unidentified vehicle struck her, which is what the UM claim requires.

The driver. If investigators match the partial plate and the vehicle description to an SUV, the registered owner and the driver become potential defendants. If they have bodily injury coverage, that coverage pays first, and her UM coverage remains available for the amount by which her damages exceed it. If the driver was impaired, the punitive damages analysis changes.

Comparative fault. The insurer will ask whether she was in a crosswalk, what she was wearing, and how well lit the street was. A right-turning driver has a duty to yield to pedestrians in a crosswalk, and the witness’s account and any video will decide how that argument plays out.

Other help. Her health insurance covers what PIP does not. If she lacks health insurance, Florida’s victim compensation program may help with remaining medical bills and lost wages, provided the crash was reported within 72 hours and she applies within a year.

Frequently asked questions

Who pays my medical bills after a hit-and-run in Florida? Usually your own personal injury protection coverage first, or the PIP of a resident relative if you do not own a car, up to $10,000. After that, health insurance and your uninsured motorist coverage are the most common sources.

Does uninsured motorist coverage apply if the driver is never found? Yes. Florida treats a vehicle whose driver cannot be identified as an uninsured vehicle, so your UM coverage, and often the UM coverage of relatives you live with, can pay for your injuries, including pain and suffering if the threshold for those damages is met.

What if the other car never actually hit me? A driver who forces you off the road without making contact can still trigger UM coverage in Florida, but you must prove that the other vehicle existed and caused the crash. Independent witnesses and video are especially important in these cases.

I was walking. Does my car insurance cover me? Often, yes. PIP and UM coverage generally protect the named insured and resident relatives as pedestrians and cyclists, not only while driving.

Do I have to wait for the police to find the driver? No. You can pursue PIP and UM benefits whether or not the driver is ever identified. If the driver is found later, a claim can be added against the driver and the vehicle’s owner, within the applicable deadlines.

Can I get compensation from the State of Florida? Florida’s victim compensation program may help pay medical bills, lost wages, counseling, and funeral costs for victims of certain crimes, including leaving the scene of a crash with injury, after insurance is applied. The crash generally must be reported within 72 hours and the claim filed within one year.

What happens to the driver if they are caught? Leaving the scene of a crash involving injury is a felony in Florida, and leaving the scene of a crash involving death carries a four-year minimum mandatory prison sentence. The criminal case is separate from your civil claim for compensation.

Talk to a Florida hit-and-run accident attorney

A hit-and-run case starts with a missing defendant and a short window to find evidence that will not wait. Recovery usually depends on identifying every PIP and UM policy that may apply, proving that another vehicle caused the crash, and handling your own insurer as the adversary it becomes in a UM claim, all while investigators work to identify the driver.

KWBR’s auto accident, personal injury, wrongful death, and vehicular homicide practices represent people injured and families who have lost loved ones in hit-and-run crashes throughout Florida from our Boca Raton, Fort Lauderdale, and Orlando offices. If you or a family member was hurt by a driver who left the scene, contact us as soon as possible so the video, witnesses, and physical evidence can be preserved.

This article is for general informational purposes and is not legal advice. Insurance coverage depends on the specific policies involved; statistics cited are approximate and vary by year and source; statutes and case law change; and every case is different. Consult a qualified Florida attorney about your situation.

Hit-and-Run Crashes in Florida: Who Pays When the Driver Disappears, and What to Do in the First 72 Hours