What If the Hit and Run Driver Is Found After You Settle?
If you find the hit-and-run driver after settling, you may still file a property damage or personal injury claim. In Florida, your auto insurance may cover initial losses under no-fault laws, but coverage limits often leave you with out-of-pocket costs. Once you identify the at-fault driver, the time limit to file a lawsuit against the driver starts. This gives you the right to recover damages directly from the responsible party.
If you don’t sue the at-fault driver, you may be stuck paying out-of-pocket for medical bills, lost wages, and long-term care. At Todd Miner Law, our attorneys carefully review your original settlement to determine the best legal options available for you. Then, we develop a clear, strategic plan to hold the at-fault driver accountable. Call us at 407-894-1480 to review your legal options and take the next step toward full compensation.
What Should You Do if the Hit and Run Driver Is Found After You Settle?
You should file a lawsuit to recover any out-of-pocket losses. If your car repair costs exceeded your insurance policy, you can file a property damage claim against the at-fault driver. This helps you recover the unpaid repair costs your insurer did not cover. However, you can sue the at-fault driver if your injuries meet the serious injury threshold under Florida Statute § 627.737.
Here is the criteria of serious injury in Florida:
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Significant and permanent loss of an important bodily function
Your legal deadline to file a lawsuit starts when you found the negligent driver under Florida Statute § 95.11(3)(a). In addition, personal injury protection PIP may cover most of your medical bills and lost wages. However, they do not pay for pain and suffering or punitive damages. If the at-fault driver acted with gross negligence, you may file a lawsuit for emotional distress, long-term care costs, and other damages. A personal injury lawyer can review your case and guide you through the next legal steps.
How Do You Prove Liability if the Driver Is Found After Settlement?
You prove liability by presenting strong evidence that links the driver to the accident and your injuries. This evidence includes your police report, medical records, witness statements, damage photos, and any insurance claim documents. These records may include details like the type of vehicle, partial license plate numbers, and how the driver behaved during the crash. Once you identify the driver, this early evidence becomes key to building your case.
Moreover, you should hire an experienced personal injury attorney to handle the legal process. At the Todd Miner Law firm, we can help you gather new evidence linked to the identified driver, such as past traffic tickets or risky driving history. We also work with trusted accident reconstruction experts who can analyze crash data and prove fault. Our team builds clear, fact-based cases to hold the driver accountable. Contact us to help you recover full compensation.
How Does the Discovery of a Driver Impact Your Insurance Claim?
The discovery of the at-fault driver can reopen your claim and increase your chances of receiving more compensation. You may recover costs that your insurance did not fully cover. This includes out-of-pocket medical expenses and unpaid vehicle repairs. Your car accident claim may also shift from uninsured motorist coverage to a direct claim against the other driver’s policy.
In addition, after the accident, your own insurance company might try to change your coverage or raise your future rates. They may see you as a higher risk. But if you prove the other driver caused the crash, they cannot raise your premiums. Under Florida Statute § 626.9541, it is illegal for insurers to raise your rates after a not-at-fault accident. You can challenge any unfair changes in your insurance policy.
Can You File a Criminal Case Against the Hit and Run Driver After Settlement?
No, you cannot file a criminal case yourself. In Florida, only the State Attorney’s Office has the legal authority to file criminal charges. Even if you have settled your civil claim with your insurance company, the state can still prosecute the hit-and-run driver once at-fault drivers are found. A civil settlement does not prevent criminal charges. Courts handle these legal actions separately and apply different laws.
Moreover, prosecutors assess the facts, review police reports, and determine if criminal charges are in the public’s interest. They also examine new evidence you share once you identify the driver. For example, dashcam footage, witness statements, or vehicle damage records can strengthen the case. You should report this evidence to law enforcement or the State Attorney’s Office promptly. Prosecutors may file criminal charges, and the hit-and-run driver could face severe penalties under Florida law.
Here are the penalties for hit-and-run drivers based on the outcome of the crash:
- If the crash caused only property damage, leaving the scene is a second-degree misdemeanor. You may face up to 60 days in jail, a $500 fine, and possible license suspension or points.
- If the crash resulted in injury, leaving the scene is a third-degree felony. You may face up to 5 years in prison, a $5,000 fine, and a mandatory license revocation of at least 3 years.
- If the crash caused a death, leaving the scene is a first-degree felony. You may face up to 30 years in prison, a $10,000 fine, and permanent revocation of your driver’s license.
However, if the driver was under the influence of alcohol or drugs, the penalties increase significantly. The court may also add mandatory prison time and long-term license suspension.
How Can Todd Miner Law Help If an At-Fault Driver is Found After Settlement?
At Todd Miner Law, our legal team helps you reopen your case and file a claim against the at-fault driver. We thoroughly review your original settlement and identify the damages your insurer paid and the compensation you can still pursue. If your previous settlement was only with your own insurance company, our lawyers can help you file a new claim directly against the driver.
Moreover, if you suffered bodily injury or your policy limits didn’t cover all losses, we can pursue additional compensation. Our team gathers new evidence tied to the driver, such as prior violations, witness reports, or proof of gross negligence. We also work with medical and accident reconstruction specialists to support your claim. Our attorneys will handle every legal step, from filing lawsuits to representing you in court. Contact us for a free case review.
Can You Modify Your Settlement Agreement After the Driver Is Found?
Yes, you can modify your settlement agreement, but only under specific legal conditions. If you settled with your insurance company and did not sign away your right to sue others, you can still take legal action against the fleeing driver. This applies when your agreement does not block future claims against the at-fault party, which are unknown at the time of settlement.
In addition, you can challenge a settlement if there was fraud, misrepresentation, or concealment of essential facts. This means if the at-fault driver knowingly hid their identity or provided false information, you may have legal grounds to reopen your claim. Florida courts allow you to modify your agreement if the other party hid important information or failed to disclose everything. Proving the driver’s original identity can give you a chance to seek compensation that was not part of the initial settlement, including damages for pain, suffering, or long-term losses.
Todd Miner Law Can Guide You Through the Next Steps Once the Hit and Run Driver is Found — Get a Free Case Review!
After identifying the at-fault driver, you still need to take legal action by filing a claim against them. Without legal guidance, you could miss important deadlines or fail to spot claims you still have a right to file. As a result, it could leave you paying out-of-pocket for long-term medical care, lost wages, or pain and suffering. These mistakes can lower the amount of money you can recover.
At Todd Miner Law, we take immediate action to protect your rights as soon as we identify the driver. Our legal team reviews your past settlement, investigates the new facts, and builds a clear plan to file a personal injury lawsuit against the at-fault driver directly. Call us at 407-894-1480 for a free case review or visit us at 915 Outer Rd, Orlando, FL 32814, United States.
FAQs
Can I Sue the Hit-And-Run Driver After the Settlement?
Yes, you can sue the hit-and-run driver after the settlement under specific conditions. To pursue a claim, your original settlement must not say that you gave up the right to sue the driver. To file a claim, you can use early evidence like security cameras, skid marks, or reports from nearby businesses. In addition, you can also include medical treatment records to support your claim.
Will My Insurance Premiums Increase if the Driver Is Found?
No, your insurance premiums should not increase if the other driver is clearly at fault in hit-and-run cases. Florida law protects you from an unfair increase in rate after a claim where you were not responsible. However, your insurer may still review your insurance details once new information is added. You should gather evidence that proves the accident’s severity and confirms that the other driver caused the crash.
Can I Reopen My Case if the Driver Is Found Later?
Yes, you can reopen your case if you find the at-fault driver after your initial settlement. First, check your agreement to confirm it does not block future claims. Collect all insurance information, medical records, and documents related to the crash. You should seek medical attention if new symptoms appear. Then, speak with an attorney to get legal guidance to avoid delay.
Can I Claim Bodily Injury for a Hit-and-Run Accident?
Yes, you can claim bodily injury for a hit-and-run accident through your insurance if you carry uninsured motorist coverage. This applies in personal injury cases when you cannot identify the at-fault driver. Moreover, you may obtain compensation for medical bills, pain and suffering, and lost wages. Your insurance adjuster will review your policy limits and determine what coverage applies to your injury.
Do I Need to Inform My Insurer if the At-Fault Driver Is Found?
Yes, you must inform your insurer when your lawyer finds the at-fault driver. This allows them to reassess your claim based on the new information. Your insurance company will review policy coverage limitations to see what damages may now shift to the other driver’s liability. This may reduce out-of-pocket costs and help protect remaining coverage benefits for future claims.
What Happens if the Driver Is Found but Still Uninsured?
If the driver has no insurance, you can still file a claim and recover compensation through uninsured motorist coverage. This applies in hit-and-run situations where the at-fault driver cannot pay your damages. Moreover, the underinsured coverage allows you to recover damages such as medical bills, lost wages, pain and suffering, emotional distress, and future medical care.
Can I Use Collision Coverage for a Hit-and-Run Accident?
Yes, you can file a collision coverage claim if a hit-and-run accident damages your car. This coverage pays for vehicle repairs, even if the other driver is unknown. In addition, by using the collision coverage, you can fix your car immediately without waiting for the hit-and-run driver. If a lawyer identifies the driver later, your insurer may recover that money from the hit-and-run.
