What If a Hit-and-Run Driver Hurt Me in Miami?

If you were injured in a hit-and-run in Miami, you still have legal options to recover medical costs, lost income, and other damages. Even when the driver flees, Florida’s hit-and-run law provides multiple paths to pursue recovery, through insurance, civil claims, and, when possible, through identifying the at-fault driver. 

Pedestrians, cyclists, and motorists face the risk of hit-and-run collisions every day. At The Morgan Law Group, our Miami hit-and-run accident lawyer can help you understand your legal options after a hit-and-run. 

Florida’s Hit-and-Run Laws

Florida treats hit-and-run crashes as serious criminal offenses, whether they involve property damage, injuries, or fatalities. 

Under Florida laws, drivers must stay at the scene, provide identifying information, and offer reasonable assistance to injured victims. Leaving the scene is a crime that varies in severity based on the extent of harm:

Penalties under Florida law may include:

• Jailment for leaving the scene involving only property damage
• Second- or third-degree felony charges when injuries occur
• First-degree felony charges when the crash causes a fatality
• Automatic license revocation
• Mandatory minimum prison terms for fatal hit-and-run cases involving alcohol

Despite these penalties, hit-and-run incidents continue to rise. While the criminal case focuses on punishing the driver, the civil process focuses on your recovery. Florida’s insurance and personal injury laws provide several ways for victims to claim damages, even when the driver is never found.

What to Do After a Hit-and-Run Injury in Miami 

A hit-and-run crash often creates confusion and fear, especially when the driver speeds away. Taking the right steps afterward strengthens your claim and ensures you receive the necessary care.

1. Call 911 

A police report is essential for any financial recovery. It documents the incident, notes visible injuries, and signals law enforcement to begin their investigation. Miami police reports are especially important in hit-and-run cases because insurers require them before processing certain claims.

2. Gather Hit-and-Run Crash Evidence 

If your condition allows, try to collect information that could help identify the vehicle or support your injury claim, such as:

• Photographs of the scene, skid marks, damage, and injuries
• Videos, including security or dashcam footage when available
• Witness names and contact information
• Details about the fleeing vehicle (color, make, direction of travel)

Even small details may help police locate the driver or strengthen your civil claim.

3. Seek Medical Care Right Away

Florida’s Personal Injury Protection (PIP) rules require crash victims to receive medical care within 14 days to qualify for benefits. Delaying medical attention may impact your claim and undermine the connection between the crash and your injuries.

4. Notify Your Insurance Company

Because hit-and-run claims often rely on your own coverage initially, prompt notice helps avoid disputes. Your insurer will need the police report number, details about the collision, and documentation of injuries.

Insurance companies often minimize or deny claims to limit payouts, especially when the at-fault driver is unknown. Speaking with injury lawyers in Miami early can help you understand how to protect your compensation opportunities.

Can I File a Claim for Hit-and-Run Damages in Miami?

Yes. Multiple insurance pathways may be available, even if the driver is never found.

Personal Injury Protection (PIP) Claim

Florida is a no-fault state. This means PIP pays for part of your medical bills and lost wages regardless of who caused the crash.

PIP covers:

• 80% of the necessary medical treatment
• 60% of lost wages
• Death benefits
• Mileage reimbursement related to medical care

Every insured Florida driver has PIP coverage. For pedestrians or cyclists, the car owner’s PIP policy may apply if the victim does not have their own.

Uninsured Motorist (UM) Claim

Hit-and-run drivers who are found and have no insurance are legally treated as uninsured. If you purchased UM Coverage, it can help pay for damages not covered by PIP. This coverage is optional in Florida but extremely valuable in hit-and-run cases.

Claim for Collision and Medical Payments Coverage

If you have collision coverage, it may pay for property damage caused by a hit-and-run driver. Additionally, MedPay can help supplement medical costs.

Filing a Personal Injury Claim

If the driver is identified later, and this does happen, you may pursue a civil claim for full damages, including:

• Long-term medical treatment
• Lost earning capacity
• Pain and suffering
• Permanent disability
• Future rehabilitation costs
• Vehicle replacement or repair

You must follow Florida’s deadline to file a personal injury claim, which is generally 2 years from the date of the hit-and-run crash.

How Fault Works in Miami When the Driver Flees After a Crash

Some victims worry about whether they can recover compensation if there is any possibility they contributed to the crash. Florida follows a modified comparative fault standard, which allows victims to recover damages as long as they are not more than 50% responsible.

But in many hit-and-run cases, the fleeing driver is clearly responsible from the outset. Leaving the scene generally indicates wrongdoing and helps support a claim that the victim did nothing to contribute to the collision. Insurance companies, however, may still attempt to place some blame on victims to reduce payouts.

Key elements that help establish fault include:

• Traffic camera footage
• Witness statements
• Miami Police findings
• Physical evidence
• Vehicle damage analysis

Even if the hit-and-run driver is not located, building a strong case helps ensure you can recover the maximum amount through your own insurance.

Contact an Injury Lawyer in Miami After a Hit-and-Run 

A hit-and-run injury is one of the most upsetting experiences a person can go through, especially when medical bills mount, and the driver responsible is nowhere to be found.

Whether you were walking, cycling, or driving, you deserve the chance to fully understand your rights and pursue every source of compensation available to you. Our Miami hit-and-run accident lawyer at The Morgan Law Group can help you take action, protect your claim, and move toward financial recovery.

Call us today at (305) 614-5235 or contact us using our online form for a free consultation about your hit-and-run accident at our office in Miami.