Hit-and-Run Lawsuit: Can You File a Civil Suit?
Yes, you can file a civil hit-and-run lawsuit to recover compensation for your losses. If police identify the fleeing driver, you may sue them for medical bills, lost wages, property damage, and other harm. However, if the driver remains unknown, you may seek uninsured motorist benefits or sue your insurer for unfairly denying a valid claim.
If you have been injured in a hit-and-run accident, taking immediate action is important. At Todd Miner Law, we can help you understand your legal options, preserve evidence, and pursue compensation supported by your documented losses. Contact us at 407-894-1480 for a free consultation.
How Can You File a Civil Suit in a Hit-and-Run Case?
To file a civil suit in a hit-and-run accident, you must first report the incident to the police and collect all available evidence. This includes photographs, witness statements, and any available surveillance footage. You should also keep detailed records of your injuries, property damage, and any information about the other vehicle. This documentation will help your attorney file the lawsuit properly and build a strong case for compensation.
In Florida, taking the right legal steps is essential for building a strong hit-and-run case. Even if the at-fault driver is never identified, you still have legal options. You may file an uninsured motorist car accident claim through your UM coverage, which insurers must offer under Florida Statute § 627.727. This coverage can help pay for medical bills, lost income, and other serious losses. However, UM coverage does not include vehicle repairs unless you’ve added uninsured motorist property damage (UMPD) or have collision insurance.
Additionally, insurance companies scrutinize hit-and-run claims more than standard claims. They may require proof of contact with the hit-and-run vehicle, such as visible damage or witness statements, before approving an insurance claim. You may also have the option to stack UM coverage across multiple vehicles on your policy, which can increase your protection. Therefore, you should consult an experienced Orlando hit-and-run accident lawyer to avoid missing deadlines, losing key evidence, or overlooking available insurance coverage.
What Are the Key Factors in Civil Hit-and-Run Cases?
The key factors in a civil hit-and-run case are proving that the crash occurred, the other driver was at fault, and they left the scene knowingly. Showing damages, such as injuries or property damage, can further strengthen your case. To build a strong case, gather the following evidence:
- Take detailed photos of the crash scene, your vehicle, and any surrounding damage, such as skid marks, broken objects, or debris.
- Gather witness statements from anyone who saw the accident or the fleeing vehicle.
- Check for surveillance footage from nearby homes, businesses, or traffic cameras that may have captured the incident.
This type of evidence helps prove the crash occurred and may assist in identifying the other party. However, many at-fault drivers are never found or may lack sufficient insurance to cover their losses.
Florida Uninsured and Underinsured Driver Statistics
20.4% of Florida drivers are uninsured
38% of Florida drivers are underinsuredSource: Insurance Research Council, Uninsured and Underinsured Motorists: 2017-2023.
These figures make it even more important to document everything and protect your right to compensation. To show the accident’s full impact, gather all supporting documents, such as medical records, repair estimates, and proof of lost wages. This information will help your attorney prove damages and build a strong claim on your behalf.
At Todd Miner Law, we can help you gather insurance records, identify available coverage, and build a strong claim. Our team will guide you through each step and protect your rights throughout the legal process. Contact us now for a free consultation.
How Long Do You Have to File a Civil Suit After a Car Accident in Florida?
Under Florida Statute § 95.11, you generally have two years from the accident date to file a negligence lawsuit in Florida. Missing this deadline may prevent you from recovering compensation. However, narrow exceptions may extend the filing period in certain cases.
For example, Fla. Stat. § 95.051 may pause the deadline when the defendant leaves Florida, hides to avoid service, or uses an unknown false name. However, tolling may not apply when the defendant can still receive valid legal service. Therefore, you should not assume that a defendant’s absence automatically gives you more time.
Different requirements apply when your claim involves a Florida government agency. Under Fla. Stat. § 768.28(6), you generally must submit written notice to the proper agency within three years after the claim arises. You must usually wait for a written denial or six months without a final decision before filing suit. Wrongful death claims may have shorter notice periods.
The deadline may also pause for a minor in limited situations. Tolling may apply when no parent, guardian, or guardian ad litem can file the claim, when that person has conflicting interests, or when they cannot act because of incapacity. Even then, the lawsuit generally must begin within seven years of the accident. Since these exceptions are narrow, consult a personal injury attorney promptly.
Does Delayed Treatment Affect Your Hit-and-Run Claim?
Yes, delayed treatment can affect your hit-and-run claim. Insurance companies may argue that your injuries were minor, unrelated to the crash, or caused by another event. Delays can also create gaps in your medical records, making it harder to connect your injuries to the accident.
Florida’s 14-day PIP rule requires initial medical care within 14 days after the crash under Fla. Stat. § 627.736. PIP provides up to $10,000 in combined medical and disability benefits, subject to eligibility limits. It generally pays 80% of covered medical expenses and 60% of covered lost income.
How Much Is a Florida Hit-and-Run Claim Worth?
A Florida hit-and-run claim may range from $10,000 to $100,000 or more in less severe cases. Serious cases may reach about $200,000, $400,000, or $600,000 or more. These figures are illustrations, not guarantees. However, available insurance, shared fault, medical evidence, and the driver’s identity can limit your hit-and-run compensation. Here is how these factors may affect your compensation:
- Medical expenses: Higher treatment costs and future care needs may increase your compensation.
- Lost income: Missed wages and reduced earning ability may raise your claim’s value.
- Injury severity: Permanent or disabling injuries may support greater pain and suffering damages.
- Insurance coverage: Policy limits may restrict how much compensation remains available.
- Shared fault: Your percentage of responsibility may reduce or prevent recovery.
- Supporting evidence: Strong medical records, videos, and witness statements may strengthen your claim.
Why Should You Avoid Settling a Hit-and-Run Case Too Early?
You should avoid settling a hit-and-run case too early because it can prevent you from getting the full compensation you deserve. Settling too quickly may lead to accepting an offer that doesn’t cover all your medical expenses, lost wages, or long-term damages. It’s important to take the time to fully assess the extent of your injuries before agreeing to a settlement.
Additionally, settling too soon can cause you to miss out on non-economic damages like pain, emotional suffering, and reduced quality of life. These losses are difficult to measure but often increase the total value of your claim. These losses are difficult to measure but often increase the total value of your claim significantly.
Moreover, settling early may prevent you from recovering costs for future medical care. Injuries like herniated discs, nerve damage, or chronic pain from soft tissue injuries often take weeks or even months to fully show their effects. Without giving your doctors enough time for proper diagnosis, you risk settling without accounting for follow-up care, therapy, or future surgeries.
Can You File a Civil Suit and a Criminal Case Simultaneously?
Yes, you can file both a civil suit and a criminal case at the same time. These two legal actions serve different purposes. Civil suits aim to compensate you for your financial losses, while criminal cases aim to punish the offender. Here is how the two cases differ:
Separate Legal Goals
The criminal case focuses on punishing the driver for leaving the crash scene. Possible penalties include jail, fines, probation, license suspension, and other court-ordered consequences.
In contrast, your civil lawsuit focuses on the losses caused by the crash. You may seek compensation for medical bills, lost wages, property damage, pain, and future losses. Therefore, the criminal case addresses the driver’s conduct, while your lawsuit addresses your financial recovery.
Different Burdens of Proof
Each case also requires a different level of proof. Prosecutors must prove the driver’s guilt beyond a reasonable doubt. This high standard requires strong evidence and leaves little room for reasonable uncertainty.
Your civil case uses the lower preponderance of the evidence standard. You must show that the driver was probably responsible for the crash and your resulting losses. Therefore, you may recover compensation even without a criminal conviction.
Independent Court Proceedings
Although both cases may involve the same crash, they follow separate legal processes. Criminal and civil courts use different procedures, deadlines, and hearing schedules. Therefore, one case does not automatically stop the other from moving forward.
Still, the criminal court may temporarily restrict certain evidence, testimony, or depositions. Your Orlando hit-and-run accident lawyer can coordinate both matters and avoid actions that could harm either case.
Criminal Evidence Supporting Your Claim
The criminal investigation may also uncover evidence that strengthens your civil lawsuit. Police reports, surveillance footage, witness statements, vehicle records, and driver admissions may help establish fault.
However, you should not rely entirely on the criminal investigation. Your lawyer should gather independent evidence and protect your filing deadline. Florida’s civil deadline may continue running while prosecutors pursue criminal charges. Therefore, you should begin your civil claim as soon as possible.
What Is the Average Timeline for a Civil Hit-and-Run Lawsuit?
A civil hit-and-run lawsuit often takes 12 to 36 months after filing. A straightforward insurance claim may settle within several months. However, a disputed lawsuit may take longer when the driver remains unidentified, the insurer denies coverage, several parties are involved, or the case proceeds to trial.
Florida courts use active case-management orders that set deadlines based on a case’s complexity. Even with those deadlines, the following issues may extend the timeline of a personal injury lawsuit:
- Difficulty identifying and locating the fleeing driver
- Disputes about fault or uninsured motorist coverage
- Ongoing medical treatment or uncertain future expenses
- Delayed evidence, witness interviews, or expert reports
- Court schedules, depositions, mediation, and trial preparation
Therefore, you should not settle before doctors understand your injuries. An early settlement may exclude future treatment, lost income, and long-term pain.
Contact Todd Miner Law to File Your Hit-and-Run Civil Suit — Get Your Free Consultation!
A hit-and-run accident can lead to financial difficulties, including medical bills, vehicle repairs, and lost wages, all while the responsible driver remains unidentified. Settling too quickly could result in failing to secure compensation for future medical expenses or emotional distress. Without proper legal guidance, your case may not be fully assessed, and significant damages may be overlooked.
At Todd Miner Law, our team has extensive experience handling hit-and-run civil suits across Orlando and Central Florida. We can preserve evidence, evaluate insurance coverage, coordinate your civil claim with any police investigation, and pursue a fair result based on the facts of your case. Contact us at 407-894-1480 or visit 915 Outer Rd, Orlando, FL 32814 today.
FAQs
What if I Was Partly at Fault in the Auto Accident?
You can still file a hit-and-run claim if you were partly at fault. Florida follows comparative negligence, meaning you can recover compensation if you’re not more than 50% responsible. However, your insurer may reduce your compensation based on your percentage of fault. To strengthen your case, it’s important to gather evidence that proves the other driver’s liability in the accident.
What if the Hit-and-Run Involved a Parked Vehicle?
If a hit-and-run involves a parked car, you may still be able to recover damages. Even if you weren’t in the car when the accident happened, you can seek compensation. Start by filing a police report as soon as possible. Then, collect any available evidence, such as witness statements, photos of the damage, or nearby surveillance footage. Once you have this information, contact your auto insurance company to process the claim.
Is a Hit-and-Run Case Eligible for Punitive Damages?
Yes, hit-and-run cases may qualify for punitive damages if the driver’s actions were particularly reckless, such as the driver fleeing the scene after a serious accident. Under Fla. Stat. § 768.72, you must present enough evidence to support the request before seeking punitive damages. You must then prove the required misconduct by clear and convincing evidence.
What Must Drivers Do After a Hit-and-Run Crash in Florida?
Florida drivers must stop after any crash involving injuries or property damage. They must exchange their name, address, vehicle registration, and available license information while providing reasonable aid to anyone needing medical care. You should also call the police immediately, especially when injuries, death, or at least $500 in damage occur.
What if the Hit-and-Run Was Caused by a Stolen Vehicle?
If the hit-and-run involved a stolen vehicle, you can still file a claim. If authorities identify the thief, you can pursue compensation through the other driver’s insurance company. However, if investigators fail to recognize the driver, you can rely on your uninsured motorist (UM) coverage to cover medical bills and other damages. This coverage protects you even when investigators can’t locate the at-fault driver or confirm their identity.
How Does Collision Coverage Impact a Hit-and-Run Case?
Your collision coverage pays for vehicle damage when you can’t identify the hit-and-run driver, or they lack minimum insurance. It covers repair or replacement costs minus your deductible. However, if you don’t have collision coverage or uninsured motorist property damage (UMPD), getting compensation for vehicle damage can be difficult. It’s important to review your auto policy to understand your coverage and how it can assist in your case.
How Can I Prove the At-Fault Driver in a Hit-and-Run?
To prove the at-fault driver in a hit-and-run, collect evidence like witness statements and photos of the vehicle’s license plate number. Report the incident to the police immediately, as a timely report helps with the investigation and supports your personal injury claim. Your insurance company may also ask for evidence, such as witness contact details, to strengthen your car accident case.
