Who Pays for My Damages and Injuries in a Hit and Run Accident?

You might be angry and worried if another driver hit you and fled the scene. Who is going to pay for your medical bills and vehicle repairs? What if you never identify the hit and run driver?

Most Florida motorists can pursue compensation for some of their accident-related losses through their personal injury protection (PIP) insurance. Depending on the circumstances, victims of hit and run accidents may have other legal options for seeking compensation. if you are in such case it is important to seek hit and run accident lawyer.

What Is a hit and run Accident?

According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), nearly 25 percent of all Florida crashes involve a hit and run driver.

A hit and run accident occurs when a driver collides with another vehicle or strikes a pedestrian or bicyclist and flees rather than staying at the accident scene as required by Florida law.

There are many reasons why a hit and run driver might flee the scene, such as:

• The driver does not have car insurance and is afraid of the financial repercussions of their actions
• The driver does not have a valid driver’s license and fears the legal consequences
• The driver has an outstanding arrest warrant and wants to avoid arrest
• The driver might be drunk or drugged and wants to avoid the legal consequences
• The driver is young and afraid of how their parents will react
• The driver panics and makes a wrong decision

A hit and run is a crime in Florida and one with severe consequences. In 2014, Florida legislators passed the Aaron Cohen Life Protection Act in honor of Aaron Cohen, a father and cyclist killed in 2012 in a hit and run accident. This law significantly increases the penalties for drivers convicted of hit and run crashes that harm vulnerable road users, such as bicyclists or motorcycle riders, or cause fatalities.

Leaving the scene of an accident that results in death now carries a mandatory minimum of four years in prison and a driver’s license revocation of three years. Leaving the scene of an accident while driving under the influence (DUI) now also carries a mandatory minimum four-year prison sentence.

Who Pays if We Never Catch the Hit and Run Driver?

Unfortunately, severe criminal penalties for hit and run drivers will not help pay your bills, especially if law enforcement never catches the driver who hit you. How will you get the compensation you need?

This is where a driver’s car insurance comes into play. Under Florida law, all drivers must carry $10,000 of personal injury protection (PIP) insurance and at least $10,000 of property damage liability (PDL) coverage.

While PIP and PDL are the only mandatory coverages, drivers can purchase other types of insurance in Florida to help pay for losses from auto accidents. However, insurance companies are for-profit businesses that may try to deny or minimize claims to avoid large payouts. A lawyer can help you make sure your insurer honors its policy and pursue the total compensation you deserve.

Personal Injury Protection (PIP) Insurance

Under the Florida Motor Vehicle No-Fault Law, all drivers must maintain personal injury protection (PIP) insurance. PIP covers the policyholder, relatives who live in the policyholder’s home, certain passengers, bicyclists, and pedestrians injured in an accident, regardless of who is at fault. PIP insurance aims to prevent drivers from suing each other for their losses from crashes.

Most Florida motorists injured in auto wrecks will turn to their PIP coverage for reimbursement of medical expenses and lost wages resulting from accidents. Therefore, if a hit and run driver injures you, you can file a claim with your PIP insurance to seek compensation, regardless of whether law enforcement ever catches the hit and run driver. However, keep in mind that PIP covers only 80 percent of medical expenses and 60 percent of lost wages.

Uninsured/Underinsured Motorist Insurance

Floridians may also purchase uninsured/underinsured motorist insurance to cover losses from car accidents involving uninsured drivers, drivers with insufficient insurance, and hit and run crashes. According to recent data from the Insurance Information Institute, Florida ranks sixth among states with the highest estimated percentage (20.4 percent) of uninsured motorists. Regardless of whether law enforcement catches a hit and run driver, uninsured/underinsured motorist insurance can cover medical expenses, a portion of lost wages, and bodily injury resulting from the crash.

Collision Insurance

Collision insurance could also be helpful after a hit and run accident. This insurance covers your car repairs or replacement if another driver damages your vehicle in an accident, regardless of who is at fault for the crash. This means your collision insurance could pay for car repairs or replacement after a hit and run accident, even if the police do not catch the at-fault driver.

Who and What Will My Insurance Cover After a hit and run Accident?

PIP insurance applies to these individuals injured by a hit and run accident:

• The policyholder, while in their vehicle or as a passenger in another vehicle
• The policyholder’s children and other members of the policyholder’s household
• Passengers without their own PIP insurance
• Bicyclists
• Pedestrians

PIP insurance covers these accident-related losses up to the policy limits (a minimum of $10,000):

• Up to 80 percent of reasonable expenses for medically necessary services, including surgery, X-rays, rehabilitation, medical devices, ambulance transportation, hospital stays, nursing services, and so on
• Up to 60 percent of lost wages
• Death benefits of $5,000

Uninsured/underinsured motorist insurance applies to:

• The policyholder
• The policyholder’s passengers
• The policyholder’s family members

This insurance can kick in once you exceed your PIP insurance policy limits and may cover:

• Medical expenses
• Lost wages
• Bodily injury
• Death

Will My Insurance Rate Go Up After a hit and run Accident?

Under Florida law, insurance companies cannot raise your rates after an accident that was not your fault, such as a hit and run accident. Unfortunately, some companies may try to find a reason to blame you for the accident and raise your rates.

If they do, Florida law requires insurance companies to allow a claimant to demonstrate with evidence that the accident was not their fault. Therefore, save all documentation from the accident should your lawyer need to prove your case.

Can I Sue a hit and run Driver?

Florida’s no-fault car insurance law limits your ability to file a lawsuit after a hit and run car accident, even if law enforcement catches the hit and run driver. However, you might be able to file a lawsuit if you suffer injuries that qualify as serious under Florida law.

Those injuries include:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
• Significant and permanent scarring and disfigurement
• Death

A personal injury lawyer can evaluate your case and help you determine whether your injuries meet the threshold. If you can file a lawsuit after a hit and run accident, you can seek compensation for:

• Current and future medical expenses
• Lost income if you miss work because of your injuries
• Loss of future earning potential if your injuries are permanent and prevent you from returning to work or being gainfully employed
• Property losses, such as car repairs or replacement
• Physical pain and suffering
• Mental anguish
• Emotional distress
• Loss of quality of life
• Loss of companionship
• Loss of consortium

Who Else Can I Sue After a Hit and Run Accident?

Some hit and run accidents occur because of one person’s actions. Other hit and run accidents might involve multiple potentially liable parties. Even if law enforcement does not catch the hit and run driver, you may be able to sue these other responsible parties. Under Florida’s comparative negligence law, you can hold multiple parties accountable for their role in causing an accident.

You can hold these parties partially responsible for a hit and run accident:

• The hit and run driver’s employer if the vehicle was a commercial vehicle or the driver was working at the time of the accident
• Restaurant or bar owners if they served alcohol to a hit and run driver who was underage or a known habitual alcoholic, according to Florida law
• A car manufacturer, if a car defect or malfunction partially contributed to your injuries
• Other drivers involved in the accident
• A state or local government agency or entity if road conditions or hazards such as inoperable traffic lights contributed to the accident

Do I Have Any Other Options for Compensation?

As the victim of the crime of hit and run, you may receive financial assistance through Florida’s Victim Compensation Program.

You must apply for this assistance and meet several qualifications, including:

• You must have suffered a physical injury in the hit and run accident
• You must report the hit and run to law enforcement within 120 hours
• You must apply within three years of the hit and run accident date
• You must fully cooperate with law enforcement, the State Attorney’s Office, and the Attorney General’s Office
• You cannot participate in unlawful activity at the time of the accident
• Your own conduct must not have contributed to the situation that caused your injuries

If you meet these criteria, you may receive financial assistance for:

• Medical expenses
• Mental health or counseling expenses
• Lost wages
• Loss of support

What Should I Do After a hit and run Accident?

While you might feel overwhelmed or unsure of what to do after a hit and run accident, you must act intentionally to protect your rights and interests immediately after the crash.

After a hit and run accident in Florida:

• Call 911. You must report the hit and run accident immediately to law enforcement. Time is of the essence when looking for a hit and run driver. When the police arrive at the scene quickly, they can investigate fresh evidence. Remember, it is not your responsibility to find the hit and run driver. However, by calling the police promptly, you help them get a head start. Furthermore, the police report could be valuable evidence for future insurance claims or lawsuits. Reporting the crime also protects your right to apply to the Victim Compensation Program.
• Write down everything you remember. While it is fresh in your mind, write down everything you remember about the hit and run accident, including any details about the driver, their vehicle, the direction they traveled from, and the direction they headed after the accident.
• Talk to eyewitnesses. If any eyewitnesses saw the accident, ask them for their recollections. Eyewitnesses could include other drivers, passengers, or bystanders. Write down their names and contact information in case your attorney needs o reinterview them later.
• See a doctor. As soon as possible, see a doctor about your injuries. Even if you feel fine, you must seek medical attention. After an accident, you might be in shock or pulsing with adrenaline, preventing you from experiencing the full extent of your injuries. You need to see a doctor who can properly evaluate, diagnose, and treat your injuries. Furthermore, your medical records are essential evidence of your injuries and their direct association with the hit and run accident. If you wait too long before seeing your doctor, your insurance company may deny your claim on the flawed assumption that your injuries do not stem from the accident or are not severe enough to warrant medical attention.
• Consult a car accident lawyer. Hit and run accidents cause significant physical, mental, and emotional pain. These symptoms make it difficult to focus on anything other than getting medical treatment. That’s why you must consult a personal injury lawyer after a hit and run accident. A personal injury attorney represents accident victims after devastating incidents such as hit and runs. While you focus on your recovery, a personal injury lawyer can gather evidence, investigate the hit and run driver’s identity, and pursue any avenue for compensation.

Contact a Personal Injury Lawyer After a hit and run Accident

hit and run accidents happen all too frequently in Florida. Luckily, you do not have to face this challenging situation alone. You may have several options for pursuing compensation to cover your losses, but your chances of obtaining the best possible outcome and the maximum compensation significantly increase if you hire an aggressive, highly skilled car accident Law firm in Orlando.

An experienced car accident lawyer can help you seek the compensation you deserve for your medical bills, lost wages, and other losses after a hit and run crash.