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A hit and run is a crime, and if a driver flees the scene of a crash, they could be in serious legal trouble. But for the victim, this complicates your recovery. Work with a lawyer to help get you the damages you need.
If the driver is found, we can often sue them as normal. However, if we cannot find them, we might need to rely on your insurance alone for compensation. Since Florida is a no-fault insurance state, we usually have to rely on your insurance to start with, but we may be able to access additional coverage through your uninsured/underinsured motorist coverage (UM/UIM) in a hit and run case.
For help with your case, call Graves Injury Law Firm’s Miami car accident lawyers at (305) 676-9673.
How a Normal Car Accident Claim is Filed in Miami
In Florida, we use a no-fault insurance system that sees drivers file claims with their own insurance for coverage. You can only go after the driver for “serious injuries,” limiting claims against the at-fault driver even outside of hit and runs.
No-Fault Insurance
Your no-fault insurance has “personal injury protection” (PIP) coverage. This pays a portion of medical bills and lost wages, up to your policy limit. It pays regardless of who was at fault, allowing you to get paid somewhat quickly, without having to prove that the other driver did anything wrong.
Serious Injury Threshold
You can go after the defendant for vehicle damage in any case, but you can only go after them for injuries if you have “serious injuries.”
Florida law includes all kinds of permanent and long-term injuries in this category, and you should check with our Boca Raton, FL car accident lawyers to see if your injuries qualify. Deadly accidents also allow a wrongful death lawsuit.
Lawsuit or Bodily Injury Liability Insurance Claim
Once you meet this standard, you can file a claim against the defendant, whether that be a lawsuit or a claim against their bodily injury liability insurance. This allows you to get the rest of your damages paid, plus make a claim for pain and suffering damages.
Whether you have serious injuries or not, you also file a claim against their property damage liability insurance for vehicle damage.
UM/UIM (Uninsured Motorist/Underinsured Motorist) Insurance
If the other driver’s insurance is too low, or they have no insurance, then you can use your UM/UIM coverage. This covers you in cases where an uninsured motorist or underinsured motorist hit you, and it pays as though the money is coming from the defendant, even though it’s part of your own insurance policy.
Can You Sue a Driver in a Hit and Run?
If you can locate the driver, you can often sue them for a crash, with some restrictions.
Locating the Driver
First, you have to find the driver. Reporting the hit and run to the police and giving them as much evidence as you can – such as the make, model, color, and partial license plate of the car – can potentially help them track down the driver.
This also usually means they will charge them for the hit and run, collecting the evidence to prove that this was the driver who hit you, without you needing to do it yourself.
Filing a Lawsuit
We still have to follow the serious injury threshold, and we cannot file a lawsuit unless your injuries are “serious.” If the hit and run case did involve serious injuries, then the charges will likely be more serious, making the police more motivated to catch and convict the driver.
What Does Your Insurance Cover?
Your PIP insurance pays partial damages regardless of who was at fault. Your policy limit is typically $10,000, but you can opt for higher limits when setting up your car insurance policy.
Medical Bills
Medical bills are covered at 80%. This helps, but it does not fully cover your damages.
Disability Benefits
Disability benefits are paid to cover up to 60% of your lost income and replacement household services you cannot perform because of the injury.
Other Add-Ons
Your insurance might have other add-on coverages, such as collision coverage to pay for vehicle repairs.
UM/UIM
If you have UM/UIM, it can often cover you in hit and run cases.
Proving Fault in a Hit and Run
We need to prove fault to win your case. This means…
Identifying the Car
We need to find the car that hit you and prove it was that car. Showing that your cars “traded paint” in the crash is a great way to prove the damage. Your testimony can also show it was the right car if you got the right license plate number, make, model, color, etc.
Identifying the Driver
We also need to show the driver was the one behind the wheel. We just need to show this is more likely than not, so a driver who lives alone and lets no one else access the vehicle was probably the person driving their own car.
If multiple people drive that car or it was reported stolen, this could be harder to prove.
Using Evidence of Criminal Conviction
If they were already convicted in a criminal hit and run case, we can use the evidence from that case and the record of conviction to help bolster your civil case.
What Does the Defendant’s Insurance Cover?
If we can find the defendant and bring a case against them, we may be able to get the rest of your damages covered. Their insurance should pay for the following:
- Vehicle damage is covered under their property damage liability policy. This pays even if the victim’s injuries are not serious.
- If they have a bodily injury liability policy, it pays for medical bills, lost wages, and pain and suffering – but this is not required under Florida law.
If they have no or low insurance, your UM/UIM might pick up the rest of the damages.
Can a Hit and Run Driver Pay Out of Pocket?
If you find the driver and have serious injuries, you can sue them directly for damages. Their insurance will pay what it can, but you can potentially sue for damages beyond the driver’s policy limits.
If the driver can afford the damages and agrees to pay in a settlement out of pocket, we can get you on the road to recovery. If we get a jury verdict against them, but they have no money or low assets, it might be difficult to recover the money from them, even if you win the case.
Does Restitution in Criminal Hit and Run Cases Cover Your Injuries?
Criminal cases often involve restitution to the victim as part of the penalties, paying the victim for medical bills and damages. This may help you recover some damages, potentially through victim’s funds, but it does not usually cover everything.
You should still get an injury lawyer and pursue damages on your own.
Call Our Miami Car Accident Lawyers for Help Today
Call (305) 676-9673 to get started on your car accident claim with a free case review from Graves Injury Law Firm’s Coconut Grove, FL car accident attorneys.