Hit and Run in Florida: Laws, Penalties, and What to Do

Florida has some of the harshest hit-and-run penalties in the entire country. A fatal hit and run in Florida is a first-degree felony carrying up to 30 years in prison — one of the most severe penalties any state imposes. For victims, Florida’s insurance landscape adds complexity: while Florida remains a no-fault state with mandatory PIP ($10,000), the 2023 tort reform law (HB 837) changed comparative fault from pure to a modified 51% bar and reduced the personal injury statute of limitations from 4 years to 2 years.

Understanding how these laws interact is critical for hit-and-run victims in Florida. Your PIP coverage provides immediate medical expense coverage regardless of fault, but for serious injuries and pain and suffering, your uninsured motorist (UM) coverage becomes the primary path to full compensation. This guide covers Florida’s hit-and-run laws, criminal penalties, the step-by-step claims process, how HB 837 affects your claim, settlement ranges, and your options under different insurance scenarios.

KEY FACTS:

– Hit and run is a serious criminal offense in Florida — up to 30 years for fatal cases

– Florida remains a no-fault state with mandatory PIP ($10,000)

– HB 837 (2023) changed to a 51% fault bar and reduced PI statute of limitations to 2 years

– UM/UIM coverage is critical for recovering pain and suffering

– Report to FLHSMV within 10 days if $500+ damage

– Statute of limitations: 2 years PI, 4 years PD

Florida Hit-and-Run Laws

Florida law (Fla. Stat. Sections 316.027, 316.061, and 316.062) requires every driver involved in an accident to stop at the scene, provide their name, address, vehicle registration, and insurance information, and render reasonable assistance to any injured person. Florida treats leaving the scene as a serious criminal offense, with penalties that escalate dramatically based on the severity of injuries.

Criminal Penalties for Hit and Run in Florida

Scenario	Code Section	Classification	Potential Penalty
Property damage only	Section 316.061	2nd degree misdemeanor	Up to $500 fine, up to 60 days jail
Injury	Section 316.027(2)(a)	3rd degree felony	Up to $5,000 fine, up to 5 years prison
Serious bodily injury	Section 316.027(2)(b)	2nd degree felony	Up to $10,000 fine, up to 15 years prison
Death	Section 316.027(2)(c)	1st degree felony	Up to $10,000 fine, up to 30 years prison

Why Florida’s Penalties Are So Severe

Florida’s penalty for fatal hit and run (up to 30 years) is among the harshest in the nation. The state legislature has progressively increased hit-and-run penalties in response to Florida’s high rate of pedestrian and cyclist fatalities. Additional consequences include:

Mandatory driver’s license revocation for at least 3 years for felony hit and run
Mandatory minimum sentence of 4 years for fatal hit and run involving DUI
Permanent criminal record affecting employment, housing, and civil rights
Civil liability that is strengthened by the criminal conviction
Restitution to the victim as a condition of the criminal sentence

Reporting Requirements

Florida requires drivers to report accidents to law enforcement immediately when injury, death, or significant property damage occurs. If the accident involves $500 or more in property damage, a crash report must be filed with the Florida Highway Safety and Motor Vehicles (FLHSMV) within 10 days.

How HB 837 Changed the Landscape for Hit-and-Run Victims

Florida’s 2023 tort reform law (HB 837) made significant changes that affect hit-and-run claims:

Issue	Before HB 837	After HB 837
Comparative fault	Pure comparative (recover at any fault %)	Modified 51% bar (no recovery if 51%+ at fault)
PI statute of limitations	4 years	2 years
Bad faith insurance claims	Broader plaintiff rights	More restrictions on bad faith claims

What This Means for Hit-and-Run Victims

The 51% bar typically does not disadvantage hit-and-run victims because fault is almost always assigned entirely to the fleeing driver. However, the reduced statute of limitations from 4 years to 2 years is significant — you now have less time to file your personal injury claim.

In rare scenarios where evidence suggests you contributed to the accident (e.g., running a red light, DUI, jaywalking as a pedestrian), the 51% bar could come into play. If your fault exceeds 50%, you are completely barred from recovery under the new rule.

Florida’s No-Fault System and PIP Coverage

Florida remains a no-fault state with mandatory PIP coverage, despite multiple legislative attempts to repeal the no-fault system (including HB 1181 in 2025, which was vetoed by the governor).

How PIP Works for Hit-and-Run Victims

PIP ($10,000) provides immediate medical coverage regardless of fault:

Covers 80% of medical expenses up to $10,000
Covers 60% of lost wages up to $10,000
Available regardless of whether the other driver is identified
Critical 14-day deadline: You must seek medical treatment within 14 days of the accident or you forfeit PIP benefits entirely

PIP pays your initial medical bills automatically, but $10,000 is often insufficient for anything beyond minor injuries. This is where your UM/UIM coverage becomes essential.

The 14-Day Rule

This is one of the most important deadlines in Florida auto accident law. Under Fla. Stat. Section 627.736(1)(a), if you do not seek medical treatment from a qualified provider within 14 days of the accident, you lose your PIP benefits entirely. This applies even in hit-and-run cases. Do not delay seeking medical attention.

What to Do If You Are a Hit-and-Run Victim in Florida

At the Scene

Stay at the scene. Do not chase the fleeing driver. Pursuing them creates additional risks and could expose you to liability.
Call 911 immediately. A police report is essential for your insurance claims and the criminal investigation.
Record every detail about the fleeing vehicle:

License plate number (even a partial plate)
Make, model, color, and approximate year
Direction of travel
Any distinctive features (damage, bumper stickers, ride-share decals)

Observe the driver if possible: gender, approximate age, hair color, clothing.
Talk to witnesses. Get names and phone numbers. Florida’s many monitored intersections and toll plazas may provide additional leads.
Photograph everything. Document your vehicle damage, debris from the other vehicle, road conditions, and your visible injuries.
Check for cameras. Florida has extensive traffic camera coverage, especially at major intersections, toll plazas, and expressway on/off ramps. Also check for business security cameras and dashcam footage from other vehicles.

After the Scene

Seek medical attention within 14 days. This is not optional — missing the 14-day deadline forfeits your PIP benefits entirely. Many accident injuries do not produce immediate symptoms.
Get a copy of the police report once it is available.
Report to FLHSMV within 10 days if property damage exceeds $500.
Contact your insurance company to report the hit and run and begin PIP and UM claims.
Document everything: Medical bills, receipts, pay stubs showing lost wages, and a daily journal of symptoms and recovery.

Filing Insurance Claims After a Hit and Run in Florida

Florida’s insurance system provides multiple coverage layers for hit-and-run victims:

PIP Coverage ($10,000) — Immediate Medical Coverage

PIP is your first line of defense. It pays automatically for medical expenses and lost wages regardless of fault. File your PIP claim with your own insurer immediately. Remember:

80% of medical expenses, 60% of lost wages
$10,000 total limit
Must seek treatment within 14 days
No need to identify the other driver

UM/UIM Coverage — Your Path to Full Compensation

For injuries exceeding what PIP covers, and for pain and suffering damages, UM coverage is essential. In a hit-and-run case, the unidentified driver is treated as an uninsured motorist. UM coverage pays for:

Medical expenses beyond PIP limits
Lost wages beyond PIP limits
Pain and suffering — the major category not covered by PIP
Future medical costs for ongoing treatment
Loss of enjoyment of life and emotional distress

Requirements for Florida UM claims in hit-and-run cases:

Police report documenting the accident
Evidence of physical contact (most policies require this)
Documentation of injuries and damages
Proof that PIP benefits have been exhausted or are insufficient

Collision Coverage

Collision pays for vehicle repair or replacement minus your deductible. No need to identify the other driver.

MedPay (if purchased)

MedPay supplements PIP by covering additional medical expenses regardless of fault. MedPay has become increasingly important since PIP’s $10,000 limit is often insufficient.

Health Insurance

Your health insurance covers medical treatment. Your insurer may pursue subrogation if the driver is found.

If the Hit-and-Run Driver Is Found

When the driver is identified, additional options become available:

Third-party liability claim against their insurance. Note: Florida does not require bodily injury liability coverage for most drivers — only PIP ($10,000) and PDL ($10,000) are mandatory. Many Florida drivers carry only the minimum, meaning the fleeing driver may have no bodily injury coverage at all.
Lawsuit for damages — the hit-and-run strengthens your civil case
51% fault bar applies, but as the victim, fault is rarely disputed
Criminal restitution ordered by the court
Punitive damages in egregious cases (DUI hit and run)
Florida Bureau of Victim Compensation may provide additional assistance for crime victims

Florida’s Minimum Coverage Problem

Unlike most states, Florida does not require drivers to carry bodily injury (BI) liability insurance. The mandatory minimums are only PIP ($10,000) and property damage liability ($10,000). This means that even if the hit-and-run driver is found, they may have no BI coverage for your injuries. This makes your own UM coverage even more critical.

Settlement Ranges for Hit-and-Run Cases in Florida

Settlement values in Florida hit-and-run cases vary widely depending on the facts. Every case is different, and no one can guarantee a specific outcome. Key factors include:

Injury severity: Minor soft tissue injuries are valued differently than fractures, TBI, or spinal cord injuries
Total medical expenses: Documented medical costs are the foundation of most settlements
Lost income: Time missed from work and long-term earning capacity impact
PIP exhaustion: Whether your $10,000 PIP was exhausted indicates the severity of medical needs
UM policy limits: If the driver is not found, your UM limits cap your recovery
Pain and suffering: Duration and severity of physical and emotional impact
Permanence of injuries: Long-term or permanent impairment increases case value

General ranges based on industry data (illustrative only, not a prediction for any specific case):

Injury Level	Typical Range
Minor injuries (bruises, strains, minor whiplash)	$5,000 — $20,000
Moderate injuries (fractures, significant soft tissue damage)	$20,000 — $75,000
Serious injuries (surgery, TBI, herniated discs)	$75,000 — $350,000+
Catastrophic injuries (spinal cord, permanent disability)	$350,000+

Frequently Asked Questions

Is hit and run a felony in Florida?

Any hit and run involving injury is a felony. Specifically: injury is a 3rd degree felony (up to 5 years), serious bodily injury is a 2nd degree felony (up to 15 years), and death is a 1st degree felony (up to 30 years). Property damage only is a 2nd degree misdemeanor.

How does PIP work for hit-and-run victims?

Your PIP pays 80% of medical expenses and 60% of lost wages up to $10,000, regardless of fault and regardless of whether the other driver is identified. You file with your own insurer. The critical deadline is seeking medical treatment within 14 days of the accident.

What if I do not have UM coverage?

Your options are more limited. PIP covers $10,000 in medical and wage losses. Collision covers vehicle damage. Health insurance covers medical bills. If the driver is found, you can file against their insurance (if they have BI coverage) or sue them. Check your policy — you may have UM without realizing it.

How long do I have to file a claim?

Under HB 837, the statute of limitations for personal injury in Florida is now 2 years (reduced from 4 years). Property damage claims have a 4-year deadline. Report the accident to police immediately and notify your insurer promptly.

What is the 14-day rule?

Florida law requires you to seek medical treatment from a qualified provider within 14 days of the accident to preserve your PIP benefits. If you wait longer than 14 days, you forfeit your PIP coverage entirely — even in a hit-and-run case. This is one of the strictest deadlines in Florida auto accident law.

Can I still recover if I was partially at fault?

Under HB 837’s modified comparative fault rule, you can recover damages if your fault does not exceed 50%. If you are 51% or more at fault, you recover nothing. In hit-and-run cases, fault is typically assigned entirely to the fleeing driver, so the 51% bar rarely affects victims.

What if the driver fled because they were uninsured?

If the driver is found but uninsured, your UM coverage applies the same as if the driver were unidentified. You can also sue the driver personally, though collecting from an uninsured driver can be challenging.

Does Florida require BI liability coverage?

No. Florida only requires PIP ($10,000) and property damage liability ($10,000). This means many Florida drivers have no bodily injury coverage, which is one reason UM coverage is so important in Florida.

Related Guides

Get Help With Your Florida Hit-and-Run Claim

If you were the victim of a hit and run in Florida and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency, which means you pay nothing unless they recover money for you.

Common Mistakes Florida Drivers Make After a Car Accident

Navigating the aftermath of a car accident in Florida can be complex, especially in hit-and-run scenarios. Understanding common pitfalls can help drivers avoid actions that may complicate their insurance claims or legal options, particularly given Florida’s specific laws and deadlines.

Delaying crash report submission — Florida law requires crashes involving at least 0 in damage to be reported to the FLHSMV within 10 days. Failing to meet this deadline can hinder the official record of the incident, which is often key for insurance claims, especially when the other driver has fled the scene.
Failing to document the scene thoroughly — In hit-and-run incidents, where the at-fault driver is unknown, thorough documentation of the scene is most important. Gathering evidence such as photos, witness contact information, and any debris from the fleeing vehicle can provide valuable information for law enforcement and insurance adjusters.
Not seeking prompt medical evaluation — While Florida’s no-fault PIP coverage is designed to cover initial medical expenses, delaying medical attention can make it more challenging to establish a direct link between the accident and any sustained injuries. This could potentially impact the ability to utilize the mandatory ,000 PIP coverage effectively.
Overlooking the significance of Uninsured Motorist (UM) coverage — Since bodily injury liability is not mandatory for all Florida drivers, and the at-fault driver in a hit-and-run is unidentified, UM coverage often becomes a primary pathway for victims to seek compensation for serious injuries, pain, and suffering beyond their PIP limits.
Misunderstanding Florida’s modified comparative fault rule — While less common in a clear hit-and-run, if the fleeing driver is later identified and there is any dispute over shared fault, Florida’s 51% bar modified comparative fault rule applies. This rule could reduce a victim’s potential compensation if they are found partially at fault, or bar it entirely if they are 51% or more at fault.
Missing the Personal Injury Statute of Limitations — Florida imposes a 2-year statute of limitations for personal injury claims. Failing to pursue a claim within this timeframe typically means losing the ability to seek compensation for injuries, making timely action an important consideration even in hit-and-run cases.

Frequently Asked Questions about Hit and Run in Florida

What steps should generally be taken after a Florida hit-and-run accident?

After ensuring safety, it is often advisable to contact law enforcement to report the incident and obtain a police report. Documenting the scene with photos, gathering witness information if available, and notifying your insurance company promptly are also important steps. Florida law requires crashes with 0 or more in damage to be reported to the FLHSMV within 10 days.

How does Florida’s no-fault insurance system affect a hit-and-run claim?

Florida is a no-fault state, meaning your mandatory Personal Injury Protection (PIP) coverage of ,000 will typically cover your initial medical expenses and lost wages, regardless of who was at fault. For injuries exceeding PIP limits, or for pain and suffering, Uninsured Motorist (UM) coverage often becomes a critical resource for hit-and-run victims, especially since the at-fault driver is unknown.

What is the deadline to file a personal injury claim after a hit-and-run in Florida?

In Florida, the personal injury statute of limitations is generally 2 years from the date of the accident. This deadline applies to claims seeking compensation for injuries, even in hit-and-run scenarios where the at-fault driver may not be immediately identified. Acting within this timeframe is typically necessary to preserve legal options.

Can I still receive compensation if I am found partially at fault in a Florida hit-and-run?

Florida operates under a 51% bar modified comparative fault rule. If the fleeing driver is identified and you are found to be partially at fault, any compensation you might receive could be reduced by your percentage of fault. However, if you are determined to be 51% or more at fault, you would generally be barred from recovering damages from the other party.

When Professional Help Tends to Make Sense

Most minor accidents in Florida are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given Florida’s 51% bar modified comparative fault rule (a plaintiff more than 50% at fault recovers nothing)
The Florida statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)
Your injuries exceed Florida’s no-fault / PIP threshold and you want to step outside the no-fault system

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-05

Sources: FL HB 837 (2023 Session) — Tort Reform (comparative fault + SOL changes); Fla. Stat. § 768.81 (Comparative Fault – as amended by HB 837); Fla. Stat. § 627.736 (PIP Requirements); FLHSMV Insurance Requirements (flhsmv.gov/insurance/); FLHSMV Traffic Crash Statistics

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention from a qualified healthcare professional. Last updated: May 2026.