Skip to content
- Quick Answer
- Florida's Hit-and-Run Statutes
- How You Get Paid When the Driver Flees
- Phantom Vehicle & Miss-and-Run Claims
- Filing Against a John Doe Defendant
- Criminal Case vs. Your Civil Claim
- Common Hit-and-Run Scenarios
- Florida's 2-Year Deadline
- Compensation You Can Recover
- What to Do After a Hit-and-Run
- Why Choose Kaiser Romanello
- Frequently Asked Questions
Florida's Two Hit-and-Run Statutes
Florida treats leaving the scene of a crash as a serious crime. Two statutes drive the consequences for the driver — and shape the strategy for your civil claim.
Drivers involved in a crash with injury, death, or property damage must stop, render aid, and exchange identifying information. Leaving the scene is:
- A 2nd-degree misdemeanor for property-damage-only crashes
- A 3rd-degree felony for crashes involving any injury
- A 2nd-degree felony for serious bodily injury
- A 1st-degree felony with 4-year mandatory minimum for fatal crashes (the Aaron Cohen Life Protection Act, 2014)
Every Florida auto policy must include UM coverage in an amount equal to liability coverage — unless the policyholder rejected it in writing. For hit-and-run victims, UM coverage is the primary source of compensation when the at-fault driver is unknown or uninsured.
How You Get Paid When the Driver Flees
When the at-fault driver flees, there is no driver to sue and no insurance carrier to negotiate with. Florida law recognizes this and lets you treat your hit-and-run as an uninsured-motorist claim against your own auto insurer.
The UM coverage path
If you carry UM coverage on your Florida auto policy, that coverage becomes available for hit-and-run injuries the same way it would be for a crash with an uninsured driver who stays at the scene. You file a UM claim with your own carrier. Your carrier essentially stands in for the absent driver.
Stacked vs unstacked UM
| Coverage Type | How It Works |
|---|---|
| Stacked UM | Limits multiply by the number of vehicles on the policy. A $100k stacked UM with 3 cars provides $300k of coverage. |
| Unstacked UM | Single per-accident limit regardless of vehicles. A $100k unstacked UM provides $100k total. |
| No UM | Requires written rejection on file with the carrier. Often the result of agents pressuring policyholders to "save money." Hit-and-run victims with no UM have very limited civil paths. |
The carrier's job is to minimize the payout
Your own insurance carrier becomes adverse the moment you file a UM claim. They will:
- Dispute liability (was it really a hit-and-run, or were you at fault?)
- Dispute injuries (especially soft-tissue and TBI)
- Subpoena prior medical records looking for pre-existing conditions
- Offer a fraction of policy limits hoping you'll accept
This is where representation matters. UM claims look friendly because it's your own carrier — they're not.
Phantom Vehicle & Miss-and-Run Claims
What if you were forced off the road by a driver who never actually touched your vehicle — but caused the crash anyway? Florida calls this a "phantom vehicle" or "miss-and-run" claim, and it's harder to win than a contact hit-and-run.
To recover under UM coverage for a phantom vehicle crash, Florida law requires one of two things:
- Physical contact between the vehicles (even minor), OR
- Independent corroborating evidence beyond the victim's own testimony — typically a witness, surveillance footage, or another driver's statement
This rule exists to prevent fraud — without it, anyone losing control could blame a "phantom vehicle" to trigger UM coverage. The corroboration requirement is harsh, but courts apply it strictly. Building the evidentiary file fast is critical.
Filing a Lawsuit Against a "John Doe" Defendant
Sometimes the police identify the at-fault driver weeks or months after the crash. To preserve your right to sue that driver while the statute of limitations runs, we file a John Doe complaint.
The strategy works like this:
- We file a civil lawsuit naming "John Doe" as the at-fault driver, identifying him by physical description, vehicle description, and crash location.
- The case is held open while police investigate. The statute of limitations does not run because the suit is filed.
- If the driver is identified, we amend the complaint to substitute the real name and serve them.
- If they are never identified, the UM claim against your own carrier still proceeds.
This is also useful when the driver's insurance is suspected of having minimum limits — keeping the suit alive lets us pursue both the driver and excess coverage paths if available.
The Criminal Case vs Your Civil Claim
If the police identify the hit-and-run driver, they may face criminal charges under § 316.027. But the criminal case does not pay your medical bills or lost wages — that's the civil case.
Key differences:
- Burden of proof: Criminal requires "beyond a reasonable doubt." Civil requires only "preponderance of the evidence" (more likely than not). A driver acquitted criminally can still be liable civilly.
- Restitution vs damages: Criminal courts can order restitution for limited categories (e.g., out-of-pocket medical). Civil damages cover the full range — pain and suffering, future care, lost earning capacity.
- Timing: The civil case can proceed in parallel with the criminal investigation. We do not have to wait for the criminal case to conclude.
- Evidence sharing: Police reports, body-camera footage, and witness statements developed in the criminal investigation become powerful civil evidence.
If injuries are severe, you may also qualify for Florida Crime Victims' Compensation for emergency medical care and lost wages while the civil case is pending.
Common Florida Hit-and-Run Scenarios
Driver flees at the scene
Most common. Driver panics or is uninsured/intoxicated and leaves before police arrive. UM coverage is the path forward.
Pedestrian or cyclist hit
Florida ranks among the worst for pedestrian and cyclist fatalities. Driver often flees. UM coverage on the victim's own policy still applies even when not in a vehicle.
Parking lot hit-and-run
Driver hits your car and leaves. Property damage only claims have shorter UM recovery paths and lower stakes — but injury parking lot claims (door slams, low-speed pedestrian strikes) follow full UM rules.
Rideshare passenger hit by fleeing driver
If you were in an Uber/Lyft when struck by a hit-and-run driver, the rideshare's $1 million UM policy may apply on top of the driver's coverage. See our Florida Uber hub or Florida Lyft hub.
Phantom vehicle ran me off the road
The hardest cases. Requires corroborating evidence under § 627.727. We focus on dashcam footage, traffic camera capture, and witness identification.
Driver returned later
Some drivers panic and return hours later "thinking it over." Still a hit-and-run under § 316.027 because they didn't render aid at the time. UM may still apply if the carrier disputes the driver's coverage.
Florida's 2-Year Civil Deadline
Under Florida HB 837 (effective March 2023), you have 2 years from the date of the crash to file a hit-and-run civil suit. This shortened deadline replaces the prior 4-year limit and creates significant pressure on victims to act fast.
Compensation You Can Recover
- Medical bills — emergency care, surgery, ongoing rehabilitation, future medical expenses
- Lost wages and lost earning capacity — current income and reduced ability to earn over the rest of your career
- Pain and suffering — physical pain, emotional distress, loss of enjoyment of life
- Property damage — vehicle repair, total loss replacement, diminished value
- Future care costs — for catastrophic injuries requiring lifelong support
- Wrongful death damages — for surviving family if the crash was fatal (see our wrongful death hub)
- Punitive damages — when the fleeing driver was intoxicated, fleeing from another crime, or showed gross indifference to life
What to Do After a Florida Hit-and-Run
- Stay at the scene. Even if you are injured, do not pursue the fleeing driver — that can void your UM claim and put you in physical danger.
- Call 911 immediately. Request both medical and police response. The police report is the foundation of every hit-and-run claim.
- Capture identifying details. Vehicle make, model, color, license plate (even partial), direction of travel, distinguishing features. Tell the 911 operator while it's fresh.
- Look for witnesses. Bystanders, other drivers, nearby businesses. Get names and phone numbers. Note time so we can pull surveillance footage in that window.
- Photograph everything. Your injuries, your vehicle, the scene, the surrounding area, debris on the road.
- Get medical evaluation the same day. Adrenaline masks injuries. TBI and soft-tissue symptoms often present hours or days later.
- Notify your UM carrier within 30 days. Send written notice. Do not give a recorded statement.
- Call a Florida hit-and-run attorney within 48 hours. Surveillance footage is overwritten on 7-30 day cycles. Witness memories fade. Police investigations slow without civil pressure.
Why Choose Kaiser Romanello
Kaiser Romanello, P.A. has represented Florida injury victims since 2002 and has recovered over $30 million for clients across the full range of personal injury cases. Hit-and-run cases require specific expertise that not every firm has:
- UM claim strategy. We know your own carrier's playbook because we've seen it on hundreds of claims. We know which arguments break their offers and which don't.
- Phantom vehicle case-building. When there's no contact, we have a 48-hour evidence preservation protocol: subpoena traffic cameras, canvass business surveillance, identify witnesses on social media. Fast.
- Coordination with criminal investigators. We work with local law enforcement to make sure the civil and criminal tracks reinforce each other.
- Trial readiness as the default. Insurance carriers settle fairly only when they believe the case will reach a jury. Volume firms get lowballed. We don't.
Key Takeaways
- Florida treats leaving the scene as a serious crime: 1st-degree felony with 4-year minimum for fatal crashes (Aaron Cohen Life Protection Act)
- UM coverage on your own auto policy is the primary path to compensation when the at-fault driver flees
- Stacked UM multiplies coverage by the number of vehicles on your policy
- Phantom vehicle claims require contact OR independent corroborating evidence under § 627.727
- John Doe lawsuits preserve your rights while police identify the driver
- The criminal case and your civil case proceed independently — you do not have to wait
- UM notice deadlines may be as short as 30 days under your policy
- Statute of limitations: 2 years from the crash (HB 837)
- Surveillance footage and witness memories disappear within days — act fast
Free 24/7 Hit-and-Run Case Review →
Frequently Asked Questions
How do I get paid if the driver who hit me ran away?
Through your own uninsured motorist (UM) coverage. Under Fla. Stat. § 627.727, every Florida auto policy must include UM coverage unless the policyholder rejected it in writing. When the at-fault driver flees and is never identified, your UM coverage steps in as if the driver had no insurance. You file the claim with your own carrier, who then becomes adverse to you and tries to minimize the payout. Most hit-and-run victims recover under UM rather than from the fleeing driver directly.
What if I never see the other driver — they just forced me off the road?
This is called a "phantom vehicle" or "miss-and-run" claim. Florida law (§ 627.727) requires either (a) actual physical contact between vehicles, or (b) independent corroborating evidence beyond your own testimony — such as a witness, surveillance footage, or another driver's statement — to recover under UM coverage. Without contact and without a corroborating witness, the claim is very difficult. We focus on dashcam, traffic camera footage, and witness canvassing within 48 hours of the crash.
How much is my hit-and-run case worth in Florida?
Florida hit-and-run settlements depend on three things: your UM coverage limits, the severity of your injuries, and whether the at-fault driver is identified (which opens additional liability coverage). Cases involving permanent injury and stacked UM coverage routinely exceed $100,000-$500,000. Catastrophic injury cases with multiple vehicles on the policy can exceed $1 million. The most important factor is whether you have stacked UM — many drivers don't realize they do until we review the policy.
What is the Aaron Cohen Life Protection Act?
A 2014 Florida law (named after a cyclist killed by a fleeing driver in Aventura) that increased penalties for leaving the scene of a fatal crash to a first-degree felony with a 4-year mandatory minimum prison sentence. Before this law, a sober driver who fled often faced lighter penalties than a drunk driver who stayed. The Act closed that loophole. It does not change your civil case directly — your civil claim still proceeds through UM coverage and the identified driver's liability — but it strengthens the criminal investigation that helps identify the driver.
What is a "John Doe" lawsuit in a hit-and-run case?
A John Doe lawsuit is a civil complaint filed against an unidentified defendant — describing them by physical or vehicle characteristics — to preserve your statute of limitations while police investigate. If the driver is later identified, we substitute their real name. If they're never identified, the UM claim against your own carrier still proceeds. This strategy is especially useful when the criminal investigation is taking longer than expected and the 2-year deadline is approaching.
How long do I have to file a hit-and-run claim in Florida?
Two years from the date of the crash under Florida HB 837 (March 2023). But your UM policy may require written notice of the claim within 30 days of the crash — missing that notice deadline can void your UM coverage entirely even though you still have 2 years to file suit. Read your policy or have an attorney review it within days of the crash.
What if I don't have uninsured motorist coverage?
If you rejected UM coverage in writing, your civil paths are limited. Options include: pursuing the at-fault driver if identified (often uninsured), the driver's vehicle owner if different (some employer or rental coverage), or recovering medical-only damages through your PIP coverage (capped at $10,000). If the fleeing driver was operating a commercial vehicle, additional commercial policies may apply. Florida Crime Victims' Compensation may cover emergency medical care for severe injuries. We review every available coverage layer before advising on case viability.
Contact Us Today
Recent Victories for Clients
$5 Million
Negligent Security
$1 Million
Ride Share
$1 Million
Car Accident
“Kaiser Romanello changed my life. They are The Dream Team! Could not recommend them anymore! If you want to get the most money for your personal injury claim call Kaiser Romanello today!”
-Lu R
Former client
“l just got off the phone with Mr. Loren Kaiser for a free consultation and he was absolutely amazing. He was extremely helpful, detail oriented and did not add any “rushed” feeling to the phone call. If I have anything substantial to move forward with, I will proudly utilize this law office. Thank you, Mr. Kaiser, for your help, input and advice! It is greatly appreciated.”
-Trina R
Former client
“Steve and his partner are just very knowledgeable, amazing client service, Steve it is the kind of persons who loves what he is doing, he went about and beyond his lawyer responsibilities in my case, they care about you, If you are looking for professionals at the highest levels, use their services. Not only you will be represented by top lawyers, but you feel like part of the family. Thanks for everything, God bless you.”
-Carlos V
Former client
