Learn what you can do to protect your rights and when you can file a lawsuit in Tampa if a driver flees the scene of an accident

Getting hit by a driver who flees the scene is frustrating, scary, and, unfortunately, all too common in Florida. Whether your car was damaged, you were injured, or you lost a loved one, a hit-and-run accident can leave you feeling utterly helpless.

While Florida law imposes harsh penalties on drivers who leave the scene, that doesn’t help you pay your medical bills, lost wages, or car repairs. So, what are your legal options after a hit-and-run in Tampa? 

In this article, we’ll break down Florida’s hit-and-run laws and the penalties and explain what’s required to file a lawsuit against the other driver if they’re eventually found.

If you or a loved one has suffered a catastrophic injury or wrongful death after a hit-and-run in Florida, reach out to our experienced Tampa car accident attorneys for a free consultation. We’re here to protect your rights and help you understand your legal options.

How many hit-and-run accidents are there in Florida?

According to Florida Highway Safety and Motor Vehicles (FHSMV), in 2023 alone, there were more than 104,000 hit-and-run accidents in Florida, accounting for about 25% of all crashes in the state that year.

These accidents caused:

• 271 deaths, including 159 pedestrians and 47 bicyclists (about 76% of hit-and-run fatalities)
• 871 serious or catastrophic injuries

While the human cost of these accidents is alarming, the vast majority of hit-and-run crashes in Florida (83%) only resulted in property damage and didn’t involve any injuries or fatalities.

What is the hit-and-run law in Florida?

If you’re involved in an accident, staying at the scene isn’t just the right thing to do—it’s the law. According to Florida Statute 316.061, it’s illegal to leave the scene of an accident that results in property damage, injury, or death. 

If you’re involved in a crash, you are required by law to stop, provide your information to the other driver(s), and offer assistance if needed (such as calling for medical help).

What is the penalty for leaving the scene of an accident in Florida?

In Florida, the penalties for a hit-and-run depend on the severity of the crash and whether or not someone was injured or killed. Here’s what you could face if you flee the scene of an accident in Florida:

• Property damage. If the accident only results in property damage (like a totaled car), leaving the scene is considered a second-degree misdemeanor. This can lead to up to 60 days in jail and a $500 fine.
• Injuries (minor to severe). If someone is injured, even if the injuries are not life-threatening, fleeing the scene becomes a felony. Depending on the severity, it could be charged as a second- or third-degree felony. Penalties include losing your driver’s license for a minimum of 3 years, up to 5 years in prison, and a fine of up to $5,000.
• Fatalities. If a hit-and-run results in a death, it’s a first-degree felony with mandatory prison time. Those convicted face at least 4 years in prison (with a maximum sentence of 30 years), a minimum 3-year driver’s license suspension, and a $10,000 fine.

The bottom line: Leaving the scene of an accident only makes a bad situation worse.

As an example, a drunk driver who injures someone in a rear-end accident but stays at the scene would typically only face a first-degree misdemeanor under Florida DUI laws, punishable by up to a $1,000 fine or 1 year in jail. If they flee the scene and are later caught, their fines and jail time could increase 5 times over.

Do you need a police report for a hit-and-run in Florida?

Yes, in Florida, you do need a police report for a hit-and-run accident. State law requires drivers to report any crash involving injury, death, or property damage of $500 or more to law enforcement. 

If the at-fault driver flees the scene, it’s crucial to call the police immediately so they can investigate, document the incident, and attempt to locate the other driver. A police report also serves as critical evidence when filing an insurance claim or pursuing legal action.

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

Yes, insurance can cover a hit-and-run accident in Florida, but it depends on the types of coverage you have. Since Florida is a no-fault state, your own personal injury protection (PIP) will cover a portion of your medical expenses and lost wages, regardless of who caused the crash. However, PIP does not cover damage to your vehicle.

Here are the types of insurance that may cover a hit-and-run in Florida:

Since Florida does not require UM, collision coverage, or MedPay, if you don’t have these add-ons, you may have to pay out of pocket for vehicle repairs or additional medical expenses after a hit-and-run.

Can you get money from a hit-and-run in Florida?

Yes, you can pursue compensation after a hit-and-run in Florida, but only under certain conditions.

To file a lawsuit against the at-fault driver, the police must identify and locate them. If the driver is found, you may be able to sue for damages, but only if your injuries meet Florida’s “serious injury” threshold under state law. 

This means you must have suffered one or more of the following:

• Significant and permanent loss of an important bodily function
• Permanent injury (as determined by a doctor)
• Significant and permanent scarring or disfigurement
• Death (in which case, surviving family members can file a wrongful death lawsuit)

Regardless of the type of car accident you’re in, if your injuries do not meet this threshold, your insurance will typically be your only source of compensation in Florida.

Have questions about your legal options after a Florida hit-and-run?

If you’ve been the victim of a serious hit-and-run in Florida involving catastrophic injuries or death, we understand that such an overwhelming situation is made far worse when the at-fault driver tries to escape responsibility. 

At Palmer Lopez, our knowledgeable and compassionate Tampa car accident lawyers are here to stand by you, offering clear guidance and relentless advocacy to pursue the justice and compensation you deserve. 

We’re committed to easing your burden and helping you reclaim some stability in this tough time—reach out, and let’s talk about your next steps.

Get started by scheduling your free consultation with Palmer Lopez today.