Hit-and-run accidents happen for a variety of reasons. Maybe the other driver has outstanding warrants or doesn’t have insurance. Regardless of why they decided to leave the accident scene, you left with the damages. Hopefully, the only thing damaged is your property but injuries can also occur.
If the driver responsible for the accident drives away, how do you recover any compensation? You can take some essential steps after a Florida hit and run accident to make it a little easier to recover compensation.
What Qualifies as a Hit and Run Accident in Florida?
The legal term for a hit-and-run accident in Florida is a bit of a mouthful. This type of vehicle accident is known as “failure to give information and render aid.”. Now you know why most drivers simply call it a hit-and-run collision.
After any type of vehicle wreck, even a minor one, you’re typically required to provide identification and insurance information to the other driver. The state also requires you to give the other driver your vehicle’s registration number.
When it comes to reporting the accident to the authorities, the law gives you some leeway. According to Florida Transportation Code 316.065, you must report all accidents resulting in an injury or fatality. If property damage exceeds $1,000, you’re also required to report the vehicle wreck. If your wreck doesn’t meet these requirements, you can legally drive away from an accident.
However, you’re still required to exchange information with the other involved driver. The other driver must also agree it’s okay for everyone to leave. You can still report the accident up to 10 days after it occurred.
What About Accidents Involving Non-Occupied Vehicles?
So, what should you do if you accidentally hit an unoccupied vehicle? The law is a little vague unless the damage exceeds $1,000. If there’s extensive damage you should contact the authorities and wait on the scene.
However, you also have seven days to report this type of vehicle accident so you can legally skip alerting the authorities. Just make sure you don’t wait too long to report the accident. You don’t want to be the one receiving a hit-and-run charge.
However, if the damage is less than $1,000, the law only requires you to take reasonable steps to notify the vehicle’s owner. This generally means going old school and leaving a note with your name and contact information on the vehicle. What if it’s raining or windy? The law still only indicates leaving a note and hoping for the best.
Another option is waiting around until the vehicle owner returns, but this can take hours or even days, especially if the accident happens in a long-term parking lot.
Potential Penalties For a Hit and Run Accident in Florida
The penalties for committing a hit-and-run collision in Florida can range from only being responsible for paying for any damages to up to $5,000 in fines and potentially 20 years in jail. Yes, the penalties can be severe, especially if serious injuries or a fatality occur.
The severity of the charge can also vary depending on the severity of the accident. If injuries aren’t present and damage is minimal, it’s typically a Class C or Class B misdemeanor. The extent of property damage plays a role in determining if you’re charged with a Class C or B misdemeanor. If injuries and/or a fatality occur, the charges increase to a felony.
Whether you’re the victim of a hit-and-run or you’re the driver who panicked and left the scene, it’s always a good idea to contact an experienced accident attorney to help guide you through the legal process.
Receiving Compensation After a Hit and Run Collision
If you’re the victim of a hit-and-run accident, don’t give up on getting compensation from the at-fault driver. Sometimes, it’s possible to locate the at-fault party even if your vehicle is unoccupied at the time of the accident.
In a best-case scenario, the other driver left a note on your windshield with their information. This makes it easier to file a claim with their insurance company. The police may also be able to locate the other driver after you report the accident. Hopefully, the accident is caught on nearby surveillance cameras. The footage may provide authorities with the vehicle’s make, model, and license plate number.
If you’re present when the incident occurs, try to remember as many details as you can. This can include the following:
- A physical description of the vehicle, including color, make, and model
- Any identifying details about the vehicle. For example, a mismatched door panel, pinstriping, or even a decal
- A physical description of the driver
If you can jot down or memorize the license plate number before the vehicle speeds away, this will make it easier for the authorities to track down the at-fault driver.
Does Insurance Cover Hit and Run Accidents?
If you’re wondering if insurance pays for damages caused by a hit-and-run accident, the answer depends on the type of coverage. Remember, your best option is to locate the driver responsible for the accident and go through their insurance. Unfortunately, this isn’t always possible and this is when it depends on your coverage.
If you only have comprehensive or liability coverage, you’re going to be paying for repairs and any medical expenses out of your pocket. There’s also the statute of limitations and this can also affect your ability to recover damages from the other driver. You have two years from the accident date to file a claim and this applies even if it takes longer to locate the at-fault driver.
The good news is that if you have collision, uninsured, or underinsured insurance, you can seek compensation through your carrier for any damages sustained in a hit-and-run accident.
Let a Florida Injury Attorney Help with Your Hit and Run Accident Claim
Even if you’re only working with your insurance carrier, it’s still a good idea to have legal representation. The laws regarding hit-and-run accidents can be complex, even if you’re not the driver responsible for the accident. Working with an attorney can help ensure you receive compensation for your injuries and damages.