Does the Florida No-Fault Law Cover Hit and Run Accidents?
Yes, Florida’s No-Fault Law covers hit-and-run accidents through your Personal Injury Protection (PIP) insurance. After a crash, your PIP policy provides up to $10,000 for lost wages and medical expenses, regardless of who was at fault. Even if the other driver leaves the scene of an accident, you are still eligible for coverage, as long as you seek medical treatment within 14 days and report the incident to law enforcement according to Florida accident law.
However, dealing with insurance claims and legal steps after a hit and run involving multiple vehicles or other motor vehicles can be stressful. At Todd Miner Law, our team brings over 32 years of experience and a deep understanding of how insurance companies work. We’re committed to standing up for your rights and pursuing full and fair compensation to cover expenses related to your injuries and damages. Call us at 407-894-1480 for a free consultation, and let us fight to recover damages.
How Does the Florida No-Fault Law Apply to Hit and Run Accidents?
Florida’s No-Fault Law requires all vehicle owners to carry Personal Injury Protection (PIP) insurance. This coverage applies even if the at-fault driver leaves the scene, as often happens in hit-and-run accidents. Your own PIP insurance will cover your medical expenses and lost wages, regardless of whether the responsible drivers involved are identified or not.
Since hit-and-run crashes make up nearly one in five accidents in Florida, having PIP coverage is essential. It provides quick financial help so you can focus on healing without worrying about immediate costs. Prompt medical treatment also strengthens your claim, even if you cannot identify the other driver. It’s essential to report the accident scene correctly. If police don’t respond to the scene, you must file a crash report with the DMV. Failing to do so can result in your PIP benefits being denied.
While Personal Injury Protection (PIP) covers medical expenses and lost income, it does not compensate for pain and suffering or damage to your vehicle. For this reason, many hit-and-run victims rely on additional protections like Uninsured Motorist (UM) or collision insurance to fully cover expenses.
What Damages Does Personal Injury Protection(PIP) Cover?
Under Florida Statutes Section 627.736, Personal Injury Protection (PIP) covers up to $10,000 in medical and wage-related expenses after a car accident, regardless of fault, including in hit-and-run accidents. However, the full $10,000 is only available if a licensed medical professional determines your injuries meet the Emergency Medical Condition (EMC) standard. Without an EMC diagnosis, your PIP benefits cap at $2,500. Here is what PIP typically covers:
- 80% of reasonable medical expenses, including emergency room visits, surgeries, diagnostic imaging (like MRIs), physical therapy, and prescription medications.
- 60% of lost wages if you’re medically unable to work.
- Mileage coverage for travel to and from medical appointments.
- Up to $5,000 in death benefits, payable to the surviving family.
Understanding exactly what PIP includes, and what it doesn’t, can help you make informed decisions about your next steps, especially if your injuries are severe or your expenses continue to grow.
Can You Recover Damages Beyond PIP Coverage?
Yes, you can recover damages beyond PIP coverage in Florida if your injuries are serious, permanent, or long-term. Florida law sets a serious injury threshold, which includes permanent loss of bodily function, significant injury, or death. Meeting this threshold allows you to pursue additional compensation through a personal injury lawsuit or uninsured motorist coverage, which can cover costs that PIP does not cover.
PIP benefits usually cover only $9,000 to $10,000, but the Florida Office of Insurance Regulation reports that the average cost of a car crash with injuries exceeds $30,000. When your expenses surpass PIP limits, uninsured motorist coverage or a lawsuit can help recover medical bills, lost wages, and other damages.
To fully protect your rights and maximize compensation, consulting an experienced personal injury attorney is important. They can assess if your injuries qualify under the serious injury criteria, assist in collecting necessary medical documentation, and guide you through filing claims or lawsuits.
When Can You Get Compensation from Other Parties in a Hit-and-Run Accident?
You can pursue compensation from other parties in a hit-and-run accident if your PIP benefits are fully used or your injuries meet Florida’s serious injury threshold. At that stage, you may file a personal injury lawsuit or rely on uninsured motorist (UM) coverage to recover additional losses, including medical expenses, lost income, and suffering that your no-fault insurance does not cover.
There are specific situations in which you can seek compensation beyond your PIP benefits. The following scenarios explain when and how you can pursue additional damages in a hit-and-run accident in Florida:
If the Hit-and-Run Driver Is Found
If you find the at-fault driver, file a claim with their auto insurance coverage to recover damages. If their coverage is limited or unavailable, you can file a personal injury lawsuit to seek compensation for medical bills, lost income, and other losses.
If the Driver Is Never Found
If the at-fault driver disappears, your uninsured motorist (UM) coverage can help. UM is optional in Florida, but it provides valuable protection by covering losses that go beyond what PIP pays, such as long-term medical care and non-economic damages.
If Your Injuries Are Serious or Permanent
Florida law gives you the right to file a lawsuit outside the no-fault system if your injury is severe, such as permanent disability or loss of function. In those cases, you’re allowed to sue the at-fault party directly or pursue additional damages through UM/UIM coverage.
Who Pays for Car Damage in a No-Fault State Like Florida?
In Florida, collision coverage typically pays for damage to your own vehicle, no matter who caused the accident. If the at-fault driver is found, you can also file a claim through their Property Damage Liability (PDL) insurance to cover repair costs. These insurance policies cover vehicle damage, while Personal Injury Protection (PIP) focuses solely on medical expenses and lost wages, not car repairs.
Since Florida’s no-fault system prioritizes protecting your health over your vehicle, it’s important to understand how these coverages work together. This is especially essential as vehicle repair costs continue to rise due to advanced technologies like sensors and OEM (Original Equipment Manufacturer) parts.
According to Kelley Blue Book, repair costs now exceed $838 on average, and can be much higher in Florida. That’s why having both collision coverage and sufficient PDL is essential. It protects you from unexpected financial strain, especially in hit-and-run crashes involving multiple vehicles where the at-fault driver might not be found or insured.
How Can You Maximize Your Compensation After a Car Accident?
To secure full compensation after a hit-and-run, seek medical care within 14 days, report the accident to law enforcement, and notify your insurer promptly. Collect key evidence from the scene of the accident, such as photos, witness information, and detailed records of your injuries and expenses. Then, consult a personal injury attorney to ensure legal compliance, protect your rights under Florida highway safety regulations, and explore every avenue for financial relief.
According to a 2024 study by the Workers Compensation Research Institute, injured victims with legal representation received $7,700–$12,400 more in compensation on average than those without an attorney. An experienced lawyer can assess your damages, including emotional distress, long-term medical care, and future lost income, while avoiding lowball offers and missed legal deadlines.
Additionally, strong documentation improves the success of your claim. Keep all medical records, test results, and receipts. Track your pain levels and recovery in a daily journal. Photograph your severe injuries and vehicle damage. If possible, collect statements from witnesses and request nearby security footage. These small steps can significantly strengthen your case in negotiations with the insurance company.
How Can the Florida Crime Victim Compensation Fund Help You?
The Florida Crime Victim Compensation Fund helps cover essential expenses that your insurance may not cover, particularly after a hit-and-run accident. It covers medical and dental costs, replaces lost income, assists with funeral expenses in fatal cases, and supports mental health counseling. This added protection eases your financial burden while handling legal claims or insurance processes.
Here is a detailed overview of the specific benefits offered through the Florida Crime Victim Compensation Fund:
Medical & Dental Expenses
If your PIP or health insurance doesn’t fully cover emergency treatment, surgeries, follow-up visits, or accident-related dental procedures, the Florida Crime Victim Compensation fund can help. According to the Florida Attorney General’s Division of Victim Services, eligible victims receive financial assistance to ease the medical expenses and related costs after a crime.
Lost Wages & Financial Support
Injuries from a hit-and-run can result in temporary or permanent inability to work. The fund offers compensation for both short- and long-term wage loss and may assist with essential living costs like rent and utilities.
Funeral & Burial Benefits
When a hit-and-run results in death, surviving family members may receive compensation for funeral and burial costs. Qualifying expenses include cremation, caskets, burial plots, and related expenses, up to a state-set limit. In many cases, this is the only available support when the responsible driver is never found and insurance coverage does not apply.
Mental Health Counseling
Hit-and-run victims frequently suffer from emotional trauma, anxiety, PTSD, and other mental health issues. The fund covers therapy and counseling for victims and sometimes their immediate family members.
The Crime Victim Compensation Fund offers valuable back-up financial protection. It helps reduce your out-of-pocket expenses while you pursue PIP, UM, or legal claims. Since it is a no-fault program, you don’t need to prove liability. To apply, submit all required documents within one year of the incident. These include police reports, medical records, and physician statements. This is in accordance with Florida Statute Sections 960.06–.07
Contact Todd Miner Law to Know Your Rights After A Hit-and-Run Accident in Florida — Call us Now!
After a hit-and-run accident, you may feel uncertain about the next steps. Medical expenses can quickly add up, and your injuries may also prevent you from working. While Florida’s no-fault law provides some initial coverage, it often proves insufficient, leaving you to manage significant injuries and unexpected costs. Therefore, you should obtain experienced legal guidance to protect your rights and pursue full compensation.
At Todd Miner Law, we help accident victims like you every day. Our experienced legal team is ready to guide you through your rights and work to get you the maximum compensation possible. Whether through your own insurance, the Crime Victim Compensation Fund, or legal action, we make sure no option is left unexplored. Call now for a free consultation. We’re here to protect your rights and help you get the support you need to recover.
FAQs
Is Uninsured Motorist (UM) Coverage Mandatory?
No, Florida does not require Uninsured Motorist (UM) coverage. However, it is highly recommended, especially for hit-and-run cases or accidents with uninsured drivers. UM coverage helps pay for lost income, medical bills, and other damages your regular policy might not cover. It provides essential financial protection if you can’t find or hold the at-fault driver responsible.
Will My Insurance Premiums Increase After a Hit-and-Run?
No, your premiums usually won’t increase if you’re not at fault in a hit-and-run car accident. Since Florida is a no-fault insurance state, your own medical payments coverage handles initial expenses, regardless of who caused the crash. However, you must report the incident to your insurer and document the scene of the accident properly. This helps protect your rights and avoids complications with future claims. Florida drivers who aren’t responsible typically don’t face premium hikes.
Can I Use Health Insurance for Hit-And-Run Injuries?
Yes, after a Florida hit-and-run, you can use your health insurance to cover treatment only after your Personal Injury Protection (PIP) benefits are used up. Florida’s no-fault law requires PIP to pay first. Once PIP is used up, your health insurance will cover the remaining medical costs. This helps you access extended care and gain important financial relief, especially in serious run car accident cases.
Is There a Time Limit to File a Pip Claim?
Yes, in Florida, you must seek medical care within 14 days of a hit-and-run or any traffic accident. This step is necessary to qualify for Personal Injury Protection (PIP) benefits. If you fail to meet this deadline, your insurer may refuse to pay for medical expenses and lost income. Timely treatment ensures you get the financial relief available to Florida drivers.
Can Pedestrians Use Pip in Hit-And-Run Cases?
Yes, pedestrians injured in a Florida hit-and-run can often use Personal Injury Protection (PIP) coverage, even if they weren’t in a vehicle. If you own a car or live with someone who does, your PIP policy may help with medical payments coverage. If you find the hit-and-run driver, you can file a claim through their PIP.
How Can I Protect Myself From a Hit-and-Run?
To reduce your risk of a Florida hit-and-run, stay focused while driving and practice defensive driving at all times. Use a dash cam, avoid distractions, and park in secure areas. If a crash happens, call emergency services immediately and file a report at the scene of the accident. These steps not only protect your driver’s license but also strengthen any future financial relief or wrongful death lawsuit claims.
Are There Penalties for Leaving the Scene of a Hit-and-Run?
Yes, Florida law imposes serious penalties for leaving the scene of a hit-and-run accident. However, if the crash involves only property damage, the offense is classified as a second-degree felony. When the accident causes injury, the charge becomes a third-degree felony. And if the crash results in a fatality, the charge escalates to a first-degree felony. Consequences may include fines, driver’s license suspension, and imprisonment, depending on the severity of the incident.
