Hit and Run Accidents in Broward County: Your Legal Options
A hit-and-run crash is one of the most disorienting experiences a driver can face. One moment you are driving normally — the next, you have been struck, and the driver responsible is already gone. It happens on I-95, on Sample Road, on University Drive, and in parking lots across Broward County. The driver who caused your injuries left the scene, but that does not leave you without options. Florida law and your own insurance policy can still provide a path to compensation — if you act quickly and correctly.
Florida Law Requires Drivers to Stop and Remain at the Scene
Florida law imposes a clear legal duty on any driver involved in a crash: stop, remain at the scene, render reasonable assistance to injured persons, and exchange information. Leaving the scene of an accident — particularly one involving injuries — is a serious criminal offense in Florida.
A driver who flees has violated that duty. Criminal prosecution of the hit-and-run driver is a matter for law enforcement, not your civil attorney — but the fact that the other driver broke the law is relevant context for your civil claim. Right after a hit-and-run, your focus is on documenting what happened, seeking medical care, and understanding your recovery options.
What to Do Immediately After a Hit-and-Run in Broward County
The actions you take in the minutes following a hit-and-run can determine whether the driver is ever identified — and can affect the strength of your insurance claim:
- Stay at the scene and call 911: Do not chase the fleeing driver. Call 911 immediately. Law enforcement will take a report, and that official report is essential for an insurance claim.
- Note everything you can about the fleeing vehicle: Make, model, color, partial or full license plate number, direction of travel, and any distinguishing features. Even a partial plate number can help investigators identify the driver.
- Look for witnesses: Bystanders, nearby businesses, and other drivers may have seen what happened or may have dashcam footage. Get names and contact information while everyone is still at the scene.
- Document the scene: Photograph your vehicle’s damage, the road, nearby traffic cameras or business surveillance cameras, and any skid marks or debris.
- Seek medical care: Go to an emergency room or urgent care immediately, even if you feel fine. Adrenaline masks pain. You must also seek treatment within 14 days of the accident to preserve your Personal Injury Protection (PIP) benefits.
- Report the crash to your insurance company: Notify your insurer promptly, but do not give a recorded statement about fault or injuries before speaking with an attorney.
Your Primary Recovery Option — Uninsured Motorist Coverage
In a hit-and-run accident, the at-fault driver — if never identified — is treated as an uninsured motorist under Florida law. If you carry uninsured/underinsured motorist (UM/UIM) coverage on your auto policy, that coverage becomes your primary avenue for compensation when the hit-and-run driver is never found.
UM/UIM coverage can pay for:
- Medical expenses: beyond what PIP covers
- Lost wages: beyond the 60% that PIP provides
- Pain and suffering: a category PIP does not cover at all
- Future medical costs: if your injuries are long-term
The critical point: Florida does not require drivers to carry UM/UIM coverage. Drivers may reject it in writing. If you opted out — or if your policy carries minimal limits — your options narrow sharply when the hit-and-run driver is never identified. If you have not reviewed your UM/UIM coverage recently, do so before you need it.
What Happens If the Hit-and-Run Driver Is Identified
If law enforcement identifies the driver who fled, the analysis changes. You now have a known defendant and can pursue a civil personal injury claim against them in addition to relying on your own UM/UIM coverage. The fleeing driver’s auto insurance — if they have any — may also be available to cover your damages.
Florida does not require drivers to carry Bodily Injury (BI) liability coverage, so identified hit-and-run drivers may still have no BI insurance. Even then, your UM/UIM coverage still applies. An attorney can help you pursue every available source of compensation at once.
Florida’s PIP Coverage Applies — and So Does the 14-Day Rule
Whether or not the at-fault driver is identified, your own PIP coverage pays first for your medical expenses and a portion of lost wages — up to the $10,000 policy limit. The 14-day treatment rule applies in hit-and-run cases just as it does in any other crash: you must seek medical care within 14 days of the accident to access those benefits.
Do not let the shock and confusion of a hit-and-run push you into delaying medical treatment. Your health is the priority — and medical documentation is also the foundation of your insurance claim.
The 2-Year Statute of Limitations
Florida’s statute of limitations for personal injury claims is two years from the date of the accident. In a hit-and-run case where the driver is eventually identified — potentially months after the crash — the clock still runs from the date of the crash, not the date of identification. That makes early legal involvement essential in hit-and-run cases.
Your attorney can also send a timely UM/UIM demand to your own insurer, which involves its own procedural steps and deadlines that are separate from the civil lawsuit filing deadline.
Why Insurance Companies Fight Hit-and-Run UM Claims
Here is an important reality: when you file a UM claim with your own insurer after a hit-and-run, your insurance company acts as an adversary — not an ally. It has a financial interest in minimizing the payout. Common tactics insurers use to dispute hit-and-run UM claims include:
Challenging whether physical contact actually occurred between vehicles (some policies require contact)
Arguing your injuries predated the accident
Disputing the severity of your injuries
Claiming you contributed to the accident
An experienced personal injury attorney levels that playing field. Attorney Eric A. Hernandez has spent more than 25 years representing injury victims against insurance companies — and knows how they build and fight these disputes.
Serving Hit-and-Run Victims Across Broward County
HLM Injury Lawyers represents hit-and-run victims throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County. If you were hit and the driver fled, you do not have to figure out the legal and insurance maze alone.
Contact HLM Injury Lawyers — Free Consultation
A hit-and-run driver may have left the scene, but your right to compensation did not leave with them. The steps you take immediately after the crash — and the attorney you choose — determine what happens next.
Call HLM Injury Lawyers for a free consultation with attorney Eric A. Hernandez. No fee unless we win.
(305) 842-2100 3301 N. University Dr., Suite 100 Coral Springs, FL 33065
Spanish-language consultations are available. We serve clients throughout Broward County and South Florida.
