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What Should I Do If I’ve Been Injured in a Hit-and-Run Accident?
Assuming your injuries do not incapacitate you, you should call the police right away to file a police report. It’s against the law in Florida to leave the scene of an accident that results in property damage, bodily injury, or death. So if you’re injured, your vehicle is damaged, and the other driver flees, they’re breaking the law. If you can provide any details about the other vehicle (make, model, color, license number), give those to the police.
If you can safely move about, take photos and videos of the accident site. Note any nearby buildings or structures that might have security cameras that could have filmed the accident.
Then, you must seek medical attention as soon as possible, even if you think your injuries are minor. There are severe injuries that don’t always present symptoms at first. Left untreated, they can worsen and even become dangerous. Even if the injuries are minor, seeking medical care right away can provide strong evidence that the accident caused the injuries. People who wait to see a doctor may be accused of being injured in some other way, so you’re not eligible for damages from the accident (if the liable party is found).
If the driver who caused the accident still hasn’t been identified, contact your insurance company to inform them about it.
Finally, contact an experienced personal injury attorney knowledgeable about hit-and-run accidents. These are complex cases that could benefit from not trying to resolve them on your own.
What Is a No-Fault State?
No-fault car insurance sounds like coverage that doesn’t place any blame on anyone involved in an accident. However, that’s not the case. In a no-fault state (Florida is one of a few in the U.S. with no-fault insurance), each driver turns to their own insurance first for reimbursement of medical bills, etc., after an accident, regardless of who was at fault. That means a victim can quickly get reimbursement after an accident rather than having to go through the slow legal process of proving guilt.
There are cases where the damage or injuries are so severe that the victim can pursue the at-fault driver for additional damages. If you think this might be your situation, contact an experienced personal injury attorney.
What Auto Insurance Is Required in Florida?
By Florida law, vehicle owners are required to carry auto insurance. The minimum coverage required is:
- Personal Injury Protection (PIP) provides payment for bodily injuries sustained by anyone in your vehicle.
- Property Damage Liability (PDL) provides payment for property damage caused if you were the at-fault driver or someone used your vehicle with your permission and had an accident.
Florida requires a minimum of $10,000 coverage each for PIP and PDL. However, $10,000 may not go very far if the accident were severe. Medical costs alone can be tens, even hundreds of thousands of dollars. That’s why it’s highly recommended that drivers carry as much coverage as they can afford above the minimum. As a no-fault state, the victim of an accident would need to apply for damages to their insurance first. If the other driver was at fault but fled the scene and couldn’t be found, or if the driver at fault was under- or uninsured, the victim may have little to no recourse but to work through their own insurance. If they have only $10,000 in coverage but $100,000 in medical bills and lost wages, that leaves $90,000 out of pocket.
Why Do People Flee the Scene of an Accident?
It’s enormously frustrating when someone leaves the scene of an accident they may have caused, leaving the other driver possibly injured and in need of help. There are many reasons someone might do so.
- Panic. They might be panicked by the accident and act on instinct rather than thinking things through.
- Fear. They might have reason to fear having the police involved, especially if there’s evidence of other wrongdoing, such as the driver driving under the influence of alcohol, carrying illegal drugs or other goods in the vehicle, driving a stolen vehicle, driving with a suspended license, etc.
- Immigration. Someone might worry that the accident could cause them to be deported.
If Caught, What are the Potential Consequences for a Hit-and-Run Driver Who Caused Injuries to Another Driver?
Florida takes this crime very seriously. Someone who causes an accident that leads to others’ injuries and then leaves the scene of the accident could face felony charges. If convicted, they could spend up to five years in prison, pay up to $5,000 in fines, and lose their driver’s license for up to three years.
If someone died because of the accident, the consequences could be even harsher. If convicted, they could spend between 4-30 years in prison, a fine of up to $10,000, and loss of driver’s license for three or more years.
What Should I Do if I Was Injured by a Hit-and-Run Driver?
Call the Law Office of Jerry Jenkins, P.A., at 407-573-7483 to schedule a free consultation. We understand how traumatic and frightening being the victim of a hit-and-run accident can be. Our team of experienced, knowledgeable personal injury attorneys can review the specifics of your case and help you determine what might be the right approach for the best possible outcomes.
