It’s bad enough to deal with painful injuries and complex insurance claims, but when you’re the victim of a hit and run in Miami, the stress is amplified. Thankfully, you do have options, probably more than you realize, and there is always the chance that the police will find the driver.
In this article, our Miami hit and run accident lawyer explains the steps you need to take to ensure your health, protect your rights, and secure the recovery you need when the at-fault driver disappears.
What Is Considered a Hit-and-Run in Florida?
Per Florida law, drivers have a legal obligation to stop and remain at any crash that results in damage to the vehicles or property and injury or death. While at the accident scene, drivers must:
- Show their driver’s license
- Present their vehicle registration and insurance coverage
- Render reasonable aid to anyone injured
Those who leave the accident scene can face serious criminal charges, from second-degree misdemeanor to first-degree felony. Only the law enforcement officer investigating the crash has the authority to release drivers from the accident scene.
Often, people who flee from an accident are doing so because they:
- Are you driving without insurance
- Are you driving on a suspended or revoked license
- Are you driving under the influence of drugs or alcohol
- Are you driving a stolen vehicle
- Have an outstanding warrant
However, there are instances when people leave the scene out of panic or fear, or they falsely believe the damage is minor.
Regardless, it is still a crime to leave.
Immediate Steps to Take After a Hit-and-Run in Miami
Our Miami car accident lawyers frequently see hit-and-run cases following such accidents as:
- Rear-end collisions
- Pedestrian accidents
- Bicycle accidents
- Parked car damage
In these cases, you should do the following:
Call 911 Immediately
Immediately after any car accident, you have two responsibilities:
- See a doctor for a medical evaluation
- Call 911 so that the Miami Police Department or the Florida Highway Patrol can create a police report
These first two steps are critical for a Miami hit and run car accident claim. You will not be able to collect compensation without medical documentation of your injuries and a police report for the Miami crash. These records tie the accident to the injuries you have suffered.
Gather Evidence
While waiting for the police to arrive at the accident scene, you can start gathering evidence for your claim. If it is safe to do so, take photographs of the vehicle damage, the surrounding area, and your injuries. Collect contact information from any witnesses there. Finally, make a note of any cameras that may have filmed the event, such as traffic cameras, business surveillance, or home security systems.
Notify Your Insurance Company
Once the police have released you from the accident scene and you have seen a doctor, contact your insurance company to start a claim. However, you should avoid giving a recorded statement or discussing fault. Simply tell them what has happened and what you have done so far.
Again, timing is crucial. The more time that passes between contacting your insurers and the accident, the more reason they have to question your claim.
Who Pays for Your Injuries If the Driver Is Never Found?
As a registered driver in Florida, you have options for seeking compensation if the at-fault driver is never found.
Personal Injury Protection (PIP)
All drivers in Florida are required to carry personal injury protection (PIP) coverage. Under Florida’s no-fault auto insurance system, your PIP will cover the following:
- 80% of your “reasonable” medical expenses
- 60% of lost wages
- $5,000 in death benefits
However, there are some limitations to PIP. For one, PIP will not cover all your losses. It will only cover medical bills that are deemed reasonable and necessary. Plus, it will only cover losses up to the policy limit, which is, in most cases, the legally required minimum amount of $10,000.
Uninsured/Underinsured Motorist (UM/UIM) Coverage
Hit and run drivers are treated as uninsured motorists in Miami. As a separate insurance policy you must purchase, your uninsured/underinsured motorist (UM/UIM) coverage can kick in to cover expenses once your PIP is exhausted or insufficient.
A UM/UIM policy can provide the following benefits:
- Covers the remaining 20% of medical bills that PIP doesn’t pay
- Covers the remaining 40% of lost wages
- Pays for future medical expenses
- Pays for pain and suffering (if the serious injury threshold is met)
- Covers long-term disability or permanent injury damages
According to a 2023 report from the Insurance Information Institute (III), just over 20% of drivers are uninsured. Our Florida car accident lawyers highly recommend that drivers in Miami carry UM/UIM insurance.
Health Insurance as Secondary Coverage
You also have the option to seek coverage for your injuries through your health insurance. Your health insurance can cover the remaining expenses not covered by your PIP, but it will not cover lost wages or pain and suffering. Your health insurance provider also has the right to reimbursement, known as subrogation, if you recover money later.
What If the Police Later Identify the Hit-and-Run Driver?
If the police do find the hit and run driver, you may have the option to file a personal injury lawsuit, but you must meet the criteria for a serious injury. As always, you would use your PIP first, but you could pursue compensation for:
- Full medical expenses
- Pain and suffering
- Lost earning capacity
- Property damage
Due to the driver’s criminal behavior, you could be eligible to receive punitive damages, but that would be up to the decision of a judge.
Challenges in Hit-and-Run Claims
As with any car accident claim, there are challenges and hurdles you may face. Insurance companies will look for ways to devalue your claims. You may face disputes over the severity of your injuries, whether your injuries were pre-existing, and any number of delays in coverage.
You also have a two-year deadline under the state’s statute of limitations. If you fail to file before that deadline passes, you could be barred from recovery.
Contact a Miami Hit-and-Run Accident Lawyer
If you have suffered serious injuries, received denials from the insurance companies, or been offered low settlements, it might be time to reach out to the Law Offices of Wolf & Pravato.
Our personal injury lawyers in Miami can investigate the crash, work with law enforcement to find the hit and run driver, handle insurance negotiations, and file a lawsuit if necessary.
Call (844) 643-7200 today for a free case consultation.