Hit-and-run crashes are a serious problem in Miami-Dade County. Florida consistently leads the country in hit-and-run fatalities, and Miami-Dade is among the worst counties in the state. The reasons range from drivers without insurance, to drivers without valid licenses, to drivers under the influence — but the result for the injured victim is the same: a crash with serious injuries and an at-fault driver who is gone. The good news is that Florida law provides a path to recovery even when the at-fault driver is never identified.
Florida law treats a hit-and-run driver as an "uninsured motorist" for purposes of UM coverage. If you have UM coverage on your own auto policy — or on the policy of a resident relative, or on a vehicle in which you were a passenger — that policy will respond to a hit-and-run claim as if the unidentified driver were uninsured.
UM coverage is one of the most valuable insurance products available in Florida, and it should be on every auto policy. Florida law (§ 627.727) requires insurance carriers to offer UM coverage equal to the bodily injury liability limits on the policy unless the insured signs a written rejection. UM coverage in Florida can also be "stacked" across multiple vehicles owned by the household, multiplying the available limits — but only if the policyholder paid for stacked coverage.
To pursue a UM claim for a hit-and-run, Florida law typically requires:
Even after the at-fault driver flees, identification is often possible — and identification opens up the at-fault driver's insurance and personal assets in addition to your UM coverage. Common identification sources include:
We work with police investigators and private investigators to pursue identification while simultaneously beginning the UM claim, so the case is not delayed if identification is unsuccessful.
Florida law makes hit-and-run a serious criminal offense. Leaving the scene of a crash with injuries is a third-degree felony (§ 316.027(2)(a)), with the offense level increasing to second-degree felony for serious bodily injury and first-degree felony for fatal crashes. Conviction in the criminal case is admissible in your civil case and substantially aids both liability and punitive-damages claims.
Your recovery in a hit-and-run case can include past and future medical expenses, lost wages and earning capacity, pain and suffering, mental anguish (often significant in hit-and-run cases because of the additional psychological trauma of being abandoned at the scene), permanent disability, and (in fatal cases) Florida Wrongful Death Act damages.
If you or a loved one has been the victim of a hit-and-run crash anywhere in Miami-Dade, Broward, or Monroe County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.