Reports | July 14, 2025 | Car Accidents

Being involved in a hit-and-run accident is one of the most unsettling experiences a person can endure. You’re left not only with the pain of physical injuries and mounting medical bills but also the frustration of not knowing who’s responsible. 

And, while most car accident claims follow a straightforward process of identifying fault and negotiating with the other driver’s insurance, a hit and run introduces a host of complications. The big question is, who pays for your damages and injuries in a hit and run accident when the other driver is nowhere to be found?

An experienced car accident lawyer can assess your insurance policies, identify potential sources of compensation, and ensure your claim is handled properly, especially when the legal path is complicated by a missing driver. They can also assist in the investigation by gathering evidence, locating witnesses, and working with authorities to help identify the hit and run driver, which may significantly improve your chances of a successful claim.

 

Key Takeaways

  • Victims of hit and run accidents may be eligible for compensation through their own insurance policies.
  • Florida’s no-fault insurance laws provide personal injury protection (PIP) benefits regardless of fault.
  • Uninsured motorist (UM) coverage is critical in hit and run scenarios.
  • Documentation and prompt reporting can help support your injury claim.
  • Filing a police report and seeking immediate medical care is essential for legal and insurance purposes.
  • Multiple parties, including government entities or third parties, might share liability under certain circumstances.
  • Legal action may still be viable even without identifying the other driver.
  • An experienced attorney can uncover all possible sources of compensation and guide you through the claims process.

Table of contents

What Is a Hit and Run Accident?

A hit and run accident occurs when a driver involved in a crash leaves the scene without providing their name, contact details, insurance information, or assistance to injured parties. This can happen whether the incident involves a pedestrian, another vehicle, or even a cyclist. While it is a criminal offense in every state, unfortunately, many hit and run drivers evade identification.

These cases are especially distressing because they deny the victim the standard route of recovery—pursuing a claim through the at-fault driver’s insurance.

Personal Injury Protection (PIP): Your First Source of Compensation in Florida

In states like Florida, which follow a no-fault insurance model, the first line of financial relief after any car accident comes from your own Personal Injury Protection (PIP) coverage. PIP typically covers:

  • Up to 80% of reasonable medical expenses
  • 60% of lost wages
  • $5,000 in death benefits

Even if the at-fault driver disappears, PIP allows you to receive immediate help for your injuries—up to the policy limits—without having to prove who caused the accident.

However, PIP has limitations. It does not compensate for pain and suffering, and many people exhaust their PIP benefits quickly, especially if their injuries are serious. While Florida requires a minimum of $10,000 in Personal Injury Protection (PIP) coverage, drivers can choose to purchase higher limits for greater financial protection in the event of a serious crash.

Uninsured Motorist (UM) Coverage: A Critical Lifeline

When the hit and run driver is unidentified, the law often treats them as an uninsured driver. This is where Uninsured Motorist (UM) coverage becomes invaluable. If you’ve purchased this coverage as part of your auto insurance policy, you can seek compensation for:

  • Medical bills beyond your PIP coverage
  • Future medical expenses
  • Lost income and reduced earning capacity
  • Pain and suffering
  • Emotional distress

UM coverage typically kicks in once PIP is exhausted or if your injuries meet the threshold for a serious injury. It essentially steps into the shoes of the at-fault driver’s insurance, providing benefits that mirror what you’d expect if the other driver had been identified and insured.

Many Florida drivers recognize the state’s high rate of uninsured motorists, estimated between 15.9% and 26.7%, and choose to carry UM coverage for added protection. This coverage can be a financial lifeline in a hit and run, providing access to compensation when the at-fault driver cannot be identified.

What If You Don’t Have UM Coverage?

Unfortunately, UM coverage is optional in many states, including Florida. If you opted out of it, and the hit and run driver is never found, your recovery may be limited to:

  • PIP benefits
  • Medical Payments (MedPay), if included in your policy
  • Health insurance, which may have its own deductibles and coverage limits

If no other coverage is available, your legal options may involve identifying third parties that share responsibility.

Other Potentially Liable Parties

Sometimes, even when the driver flees the scene, there may be other avenues to pursue:

Vehicle Manufacturers

If a defect in your vehicle contributed to your injuries, such as airbag failure or brake malfunction, you may have a claim against the manufacturer.

Government Entities

Hazardous road conditions, missing traffic signs, or poorly lit intersections may indicate that a public agency bears some liability.

Employers

If the hit and run driver was operating a company vehicle, and they’re later identified, their employer could be held accountable under the principle of vicarious liability.

These cases are more complex and require detailed investigation, but they may provide a critical path to compensation when your options seem limited.

Document Everything

After a hit and run, the steps you take can significantly affect your claim’s success. Documentation is your best ally:

  • Call the police immediately. A formal report is essential for both legal and insurance purposes.
  • Seek medical attention right away. Medical records not only safeguard your health but also establish the timeline of your injuries.
  • Gather evidence. Take photos of the scene, vehicle damage, and your injuries. If there are any witnesses, collect their contact details.
  • Notify your insurer. Do this as soon as possible. Most policies have short timeframes for filing claims.

Even though the driver fled, a thorough record of the incident can help prove your damages and support your claim under your policy or any third-party liability claim.

Comparative Negligence and Hit and Runs

All states use a system to determine how compensation is awarded when both parties may share blame. Florida, for example, uses a modified comparative negligence system with a 51% bar. That means you can still recover damages if you were less than 51% responsible for the accident, but your compensation will be reduced by your share of fault.

Even in a hit and run, the insurance company may attempt to argue that you contributed to the accident, perhaps by failing to yield or speeding. That’s why gathering evidence is so vital, and why legal representation is often necessary to fight these claims.

How Long Do You Have to File a Claim?

Every state imposes deadlines, called statutes of limitations, for filing personal injury claims. These timeframes vary but generally range between one and four years from the date of the accident.

In Florida, the statute of limitations for personal injury claims is typically two years under Florida Statutes § 95.11(4). That means you must file a lawsuit within two years of the hit and run accident, or you will likely lose your right to seek compensation.

That said, exceptions can apply, particularly if the at-fault driver is identified later or if the victim is a minor. It’s also important to note that insurance claims, especially with your own provider, may have much shorter deadlines. Some policies require notice of a hit and run within 24 hours.

Prompt action is essential to preserve your rights and strengthen your case.

What Happens If the Driver Is Eventually Found?

Sometimes, through surveillance footage, witness reports, or police investigation, the at-fault driver is eventually identified. If that happens, you may then be able to pursue a traditional liability claim or personal injury lawsuit against them. The legal options expand significantly at that point.

But it’s important to note:

  • If the driver is caught and insured, you may be able to file a claim directly with their insurer.
  • If the driver is uninsured or underinsured, you may still need to rely on your UM coverage.

Also, depending on your state’s laws, you might have the option to file a civil suit for punitive damages. Hit and run driving is often considered reckless or grossly negligent behavior, and some courts allow punitive awards to penalize such conduct and deter others.

What Types of Compensation Can You Pursue?

If the hit and run driver is never found, you may still be entitled to several forms of compensation through your insurance or other liable parties. These damages generally fall into two categories:

Economic Damages

These include quantifiable financial losses such as:

  • Emergency and ongoing medical bills
  • Physical therapy or rehabilitation
  • Lost wages or reduced earning capacity
  • Property damage

Non-Economic Damages

These relate to personal losses that don’t come with receipts, including:

  • Pain and suffering
  • Emotional trauma
  • Loss of enjoyment of life
  • Permanent disability or disfigurement

If your UM coverage applies, or if the driver is later identified, these damages can be pursued in full, provided you meet your state’s threshold for serious injuries.

Hit and run cases are anything but straightforward. Insurance companies often deny or minimize claims, arguing technicalities, policy exclusions, or shared blame. A seasoned personal injury attorney can:

  • Investigate the crash scene and gather critical evidence
  • Track down surveillance footage or eyewitnesses
  • Handle communications with multiple insurance companies
  • Calculate the full value of your claim, including future damages
  • Represent you in court, if necessary

An attorney’s role is not just about litigation; it’s about advocacy. They know how to deal with insurers who try to deny valid claims and will fight to ensure you’re treated fairly. 

FAQs About Hit and Run Accident Claims

Can I file a claim if I was a pedestrian in a hit and run?

Yes. Pedestrians struck by a fleeing driver can often file a claim through their own auto insurance under PIP and UM coverage. If you don’t have auto insurance, a household member’s policy may still provide benefits.

What if the hit and run occurred in a parking lot?

These incidents still qualify as hit-and-run incidents, especially if the driver fails to leave contact information. Your UM coverage may apply if damages or injuries result.

Can surveillance footage help my case?

Yes. Footage from traffic cameras, nearby businesses, or residential doorbell cameras can be instrumental in identifying the fleeing vehicle or driver.

Will filing a UM claim raise my insurance premiums?

Filing a UM claim should not increase your rates, especially since you’re not at fault. However, it’s always wise to confirm with your insurer.

How long does it take to resolve a hit and run claim?

It depends on the complexity of the case and your injuries. If you rely solely on your own insurance, resolution may be quicker. If other parties are involved or the driver is later identified, the timeline could extend.

Injured in a Hit and Run Accident in Florida? You’re Not Out of Options

When the driver who hit you flees the scene, don’t give up hope. You’re not left without a path to recovery. Between PIP benefits, uninsured motorist coverage, and the potential involvement of third parties, there are multiple ways to secure compensation after a hit and run. The most important thing is to act quickly, gather as much information as possible, and seek professional guidance.

The Top-Performing Car Accident Lawyers with Steven A. Bagen & Associates, P.A. Get Results

Being hit and left behind by another driver can leave you feeling angry, anxious, and unsure of what comes next. You might be trying to piece things together while juggling medical care, missed work, and the silence of unanswered questions. 

When everything feels uncertain, the right lawyer can be the steady hand you need. With over 40 years of experience and a 99% success rate, the attorneys at Steven A. Bagen & Associates, P.A. have helped thousands of Florida injury victims recover hundreds of millions of dollars, and we’re ready to help you, too.

We know how insurance companies think. We’ve spent decades holding them accountable. If you’re recovering from a serious injury or struggling with the trauma from being left at the scene, our experienced car accident attorneys can uncover every available source of compensation and fight for the best possible outcome.

Your consultation is free. We don’t charge a dime unless we win your case. Let us handle the legal fight, so you can focus on healing.

Call us today at (800) 800-2575 or reach out online to get started. We’re here when and where you need us.