Hit and Run Lawsuit in Florida: Your Rights and Options

Yes, you can pursue compensation after a hit-and-run in Florida, whether or not the driver is ever found. If the driver is identified, you can bring an injury claim and, if needed, a lawsuit against them. If the driver stays unknown, your own insurance, usually Personal Injury Protection (PIP) and uninsured motorist (UM) coverage, is often the path to recovery. Deadlines are short and evidence disappears fast, so the first days matter most.

Being hit by someone who drives away is a double injury. You are hurt, and the person responsible has chosen to leave you with the bills. Your life has value, and the law gives you real tools. Here is how they work.

TL;DR

• If the driver is found, you can sue them for your medical bills, lost income and pain and suffering. If not, your own PIP and UM coverage may respond.
• Florida requires UM coverage on policies with bodily injury liability unless the insured rejected it in writing, so check your declarations page.
• Report the crash to law enforcement right away and preserve photos, video, witness names and medical records.
• For most negligence claims arising from crashes after March 24, 2023, the lawsuit deadline is generally two years.
• Calil Law handles car accident claims on a contingency basis, with no upfront fees.

Table of Contents

• Can you sue after a hit-and-run in Florida?
• How PIP and uninsured motorist coverage work
• What to do in the first hours and days
• Deadlines that can end your claim
• What compensation may be available
• How hit-and-run claims are resolved
• Attorney’s fees: what to expect and what to check
• Perspective: why these cases are worth fighting
• How Calil Law can help
• FAQ
• Sources

Can you sue after a hit-and-run in Florida?

There are two situations, and they lead to different claims.

The driver is identified. Maybe police found the car, a witness caught the plate, or a camera captured it. Then you have a negligence claim against that driver, and potentially against the owner of the vehicle or an employer if the driver was working. Fleeing the scene does not erase their insurance. A liability policy can still be a source of payment, and the fact that the driver left can matter to how a jury sees the case.

The driver is never found. You cannot sue a person you cannot name. But you are not without options. Your own policy may cover you through PIP and, if you carry it, UM coverage. That coverage exists to stand in for a driver who cannot or will not pay. Many people with a hit-and-run injury recover through their own policy, and the insurer is then the party on the other side of the claim.

In either case, you may be a driver, a passenger, a pedestrian, a cyclist or a motorcyclist. Vulnerable road users are especially exposed. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that in 2023 there were 271 hit-and-run fatalities, including 159 pedestrians and 47 bicyclists, which is 76% of the total. If you lost a family member, a wrongful death claim may be available, and you should speak with an attorney promptly about it.

How PIP and uninsured motorist coverage work

Florida is a no-fault state, so your first stop is usually your own PIP coverage, regardless of who caused the crash. FLHSMV describes the state’s financial responsibility minimums as $10,000 per person and $20,000 per crash for bodily injury, $10,000 for property damage, and $10,000 in PIP per person per crash.

Two practical points follow:

• PIP is limited. Ten thousand dollars can be used up quickly by an ambulance ride, an emergency room visit and imaging. Serious injuries often exceed it many times over.
• PIP usually does not pay for pain and suffering. That is where other coverage or a claim against a driver comes in.

Uninsured motorist coverage

UM coverage is what often fills the gap when a driver flees. Under Fla. Stat. § 627.727, motor vehicle liability policies with bodily injury coverage must include UM coverage unless the insured makes a written rejection. Many people do not remember whether they signed such a rejection, or what limits they chose.

Pull your policy and look at the declarations page. Find out:

1. Whether UM coverage is listed at all.
2. The per-person and per-accident limits.
3. Whether UM is stacked or non-stacked.
4. Whether anyone else in your household has a policy that might also apply.

If you are unsure what you are reading, bring it to us. Policy language decides a great deal about what is available to you.

What to do in the first hours and days

Your health comes first. Get medical attention immediately, even if you feel “mostly fine.” Adrenaline hides injuries, and a gap between the crash and your first treatment is something insurers use against you.

Then build the record while it still exists.

Report the crash

Florida law requires a driver involved in a crash with injury or death, or with at least $500 in estimated damage, to immediately contact law enforcement. If you were hit and the other driver left, call 911 and ask for an officer to respond so a crash report is created. You can also pass on information about the fleeing driver through the Florida Highway Patrol at *FHP (*347) or anonymously through Florida Crime Stoppers at TIPS/8477 or its smartphone app.

The police report is the foundation of nearly every hit-and-run claim, with your insurer or in court. Ask the responding officer for the report number and write down the officer’s name.

Preserve evidence

When there is no driver to identify, evidence carries the case. Gather what you can:

• Photos and video of the scene, skid marks, debris, paint transfer and your vehicle damage.
• The make, color, partial plate and any distinguishing marks of the other vehicle, written down as soon as you can.
• Names and phone numbers of every witness. Independent witnesses are especially valuable.
• Nearby businesses with security cameras. Footage is often overwritten within days, so ask for it quickly.
• Your dash cam footage, phone data and rideshare or navigation records if you were using an app.
• Every medical record, bill and note about missed work.

An independent professional can also help document the vehicle damage. A independent vehicle damage assessment records the extent of the damage to your car in a form that is harder for an insurer to dispute later.

Do not repair or dispose of your vehicle until the damage has been documented. Do not post about the crash on social media.

Notify your insurer carefully

Your policy requires prompt notice, and a delay can hand the insurer an argument. But you are not required to give a recorded statement to an insurance company on the first call, and the adjuster’s job is to limit what the company pays. Report the facts, keep it short, and talk to an attorney before you go into detail about injuries or fault.

Deadlines that can end your claim

Time limits are the most common way a legitimate hit-and-run claim is lost.

• Lawsuit deadline. Florida reduced the negligence statute of limitations to two years for causes of action accruing after March 24, 2023. If your crash happened before that date, the earlier four-year period likely applies.
• Reporting deadlines. Florida’s crash reporting framework calls for the long-form crash report to be submitted within 10 days when a crash involves a hit and run, and for drivers to file their own report within 10 days when no officer report is required.
• Policy deadlines. Your insurance policy sets its own notice requirements, and they can be much shorter than the lawsuit deadline. A UM claim also usually needs to be handled before the lawsuit clock runs out.

A wrongful death claim has its own timing rules. Because the details depend on the date of the crash and the facts, do not wait to find out which rule applies to you. A short call now costs nothing and can protect the entire claim.

What compensation may be available

What you can recover depends on who is responsible, what coverage exists and how serious the harm is. Categories commonly sought in a Florida injury claim include:

No honest lawyer can promise a number at the start. The factors that move the value most are:

• Severity and permanence of the injury. Fractures needing surgery, spinal injuries and traumatic brain injuries are valued very differently from soft-tissue strains.
• Available coverage. In a claim through your own policy, your UM limits set a ceiling. In a claim against an identified driver, their policy limits and other responsible parties matter.
• Quality of proof. A clear police report, medical records that connect your injuries to the crash, and independent witnesses all strengthen the claim.
• Treatment history. Consistent care from the start is easier to prove than a gap followed by a sudden complaint.
• Documented financial impact. Pay stubs, employer letters and bills turn a general complaint into a measurable loss.

If you have heard an “average settlement” figure online, treat it with caution. Averages mix minor and catastrophic cases and say nothing about yours.

How hit-and-run claims are resolved

Most claims resolve through negotiation. The path depends on who is on the other side.

With an identified driver: we gather the report, medical records and proof of the driver’s insurance, send a demand, and negotiate. If the insurer will not make a fair offer, the next step is filing suit and preparing the case for trial.

With an unknown driver: the claim runs through your own policy. You would think your insurer would simply honor its promise. Sometimes it does. Sometimes it disputes whether the other vehicle existed, argues the injuries are unrelated, or offers far less than the claim is worth. When an insurer denies or underpays a claim it owes, it may be time to look at insurance claim representation and, in some cases, a bad faith claim.

If the driver is found later: the case can change. A claim against the driver and their insurer may open up additional recovery. That is one more reason to keep every record, and to avoid signing anything that releases claims before you understand the consequences.

Cases that cannot be settled fairly go to a jury. That is where trial experience becomes leverage. Insurers know which lawyers are prepared to try a case, and they price their offers accordingly.

Attorney’s fees: what to expect and what to check

Many people hesitate to call a lawyer because of cost. At Calil Law, personal injury representation is on a contingency basis: we collect a fee only if you receive a settlement or court award, and there are no upfront fees.

Whichever firm you consider, read the fee agreement before signing and make sure you understand:

• How the percentage is calculated and whether it changes if a lawsuit is filed.
• Who pays case costs such as filing fees, experts and records, and when those are deducted.
• Whether the fee is taken before or after costs.
• How medical liens and bills are handled from the recovery.
• Who will actually work on your case and how you will reach them.

Ask any question you want. A good agreement is one you can explain back in your own words.

Perspective: why these cases are worth fighting

Hit-and-run victims often tell us the same thing: “I don’t even know who to be angry at.” That feeling is real, and it is exactly why these cases are easy to give up on. Please don’t.

In our experience, the strongest hit-and-run claims are built early. We look at the police report, the scene, nearby cameras, witness accounts and your policy, and we do it before the evidence is gone. A claim through your own coverage still has to be proven, and insurers do not always treat it as friendly.

Calil Law is led by a Board Certified Civil Trial Lawyer and Supreme Court Certified Mediator with over 18 years of Florida experience. We prepare every case as though it may be tried, because that is what gives us strength at the negotiating table. You get direct access to experienced attorneys and a personal review of your case, not a hand-off.

We’ve got your back. You focus on healing. We’ll focus on holding the right people accountable.

Jorge

How Calil Law can help

Calil Law Trial Attorneys represents people injured by the negligence of others across Florida, including car accident victims, pedestrians and motorcyclists, and families dealing with a catastrophic injury or wrongful death. Our personal injury practice is built around careful preparation and clear communication, so you always know where your case stands.

If a driver left you hurt, make the call. We will review your case personally, explain your coverage and your deadlines, and tell you plainly what we can do. You pay no upfront fees. Start at calillaw.com.

If a commercial truck or a rideshare vehicle was involved, other insurance policies and other responsible parties may come into play. See our pages on truck accidents and Uber and Lyft accidents for how those cases differ.

FAQ

How much can you get from a hit-and-run lawsuit?

There is no standard amount. Recovery depends on the severity of your injuries, your medical bills and lost income, and the coverage available, whether that is the at-fault driver’s policy or your own UM coverage. An attorney can review your records and policy and give you a realistic range for your situation.

Can you sue for pain and suffering after a Florida car accident?

Pain and suffering is a category of damages sought in injury claims, and it is usually pursued against an at-fault driver or through UM coverage rather than PIP. Whether and how it applies depends on the facts and the policy. We review that with you early in the case.

What if the hit-and-run driver is never found?

You may still have a claim through your own insurance, commonly PIP and UM coverage. Florida requires UM coverage on policies with bodily injury liability unless the insured rejected it in writing. Prompt reporting and strong evidence are what make these claims work.

How long do I have to file a hit-and-run lawsuit in Florida?

For most negligence claims arising after March 24, 2023, the deadline is generally two years, and earlier crashes may fall under a longer period. Insurance policies also have their own notice requirements. Contact an attorney as soon as you can so nothing is missed.

How much does a lawyer cost for a hit-and-run case?

At Calil Law, you pay no upfront fees. We are paid only if you receive a settlement or award, as a percentage of that recovery. We explain the fee agreement in plain terms before you sign.

Sources

• Hit-and-Run Awareness, Florida Department of Highway Safety and Motor Vehicles
• Involved in a Crash?, Florida Department of Highway Safety and Motor Vehicles
• Florida Statutes 2025, Chapter 627, Section 727
• Florida’s Personal Injury Laws and Case Filing Deadlines
• Florida Car Accident Laws: Deadlines, Fault and PIP
• Independent vehicle damage assessments