Hit & Run Accident Lawyers Serving Gainesville
When you've been injured in a hit-and-run accident, the first thing to do is to file an insurance claim. That's because the process for hit-and-run accidents can be complex, and getting professional help is important. Plus, there are certain requirements that you need to meet to file a claim for a hit-and-run accident in Florida successfully.
If you don't understand the laws or the process, filing a claim on your own can be overwhelming and time-consuming. It's also important to note that your claim could get denied if you make even one small mistake, like not filing with the right agency or not following up properly with the insurance company. That's why having a knowledgeable lawyer on your side is so important.
It's also worth noting that while most accident claims in Florida are done with little trouble, some of these claims take months - even years - to resolve due to complexities within the complex legal system of Florida. An experienced attorney can help you navigate this process as efficiently as possible, so it pays to get an attorney who knows what they're doing to hit-and-run accident claims in Florida.How Can I Find the Other Driver in A Hit and Run Accident?
If you were a hit-and-run victim in Florida, you may wonder how to find the other driver. Unfortunately, the other driver may never be identified. However, there are some steps you can take to increase your chances of finding them.
File a police report
The first step is to file a police report with law enforcement immediately after the incident. The report should include all available details about the vehicle and the driver involved in the hit-and-run accident. This can help identify the driver and bring them to justice.
Reach out to witnesses
If there were any witnesses to the accident, such as nearby pedestrians or drivers who saw what happened, it’s a good idea to reach out to them to obtain useful information that could help locate the other driver.
Contact Your Insurance Company
If you have uninsured motorist protection (UMP) insurance coverage on your policy, you may be able to submit an uninsured motorist claim with your insurance company to receive compensation for your damages. Depending on your policy limits, you could receive up to $10,000 in coverage for medical expenses and lost wages due to the hit-and-run accident.
You might be wondering if you can still be charged with a hit-and-run accident even if you didn't know you hit someone. The answer is yes. Leaving the scene without identifying yourself and your vehicle to the authorities is considered a hit and run, regardless of whether or not you knew you hit someone.
Under Florida law, someone who causes an accident has a responsibility to:
- Stop their vehicle as soon as it is safe to do so.
- Remain at the scene until given permission to leave by law enforcement officials or other emergency personnel.
- Give their name and address to anyone involved in the accident and any law enforcement officials at the scene.
- Render reasonable assistance to any injured parties involved in the accident, like calling for emergency medical treatment if necessary.
Failing to do any of these things can result in serious civil or criminal charges being brought against you for leaving the scene of an accident without providing identification or rendering assistance. So if you ever find yourself in an accident, make sure to take all appropriate steps to avoid any potential legal complications later on down the road.What Should I Do If I Am Involved in A Hit and Run Accident with A Pedestrian or Bicyclist?
If you're involved in a hit-and-run accident with a pedestrian or bicyclist, taking certain steps to ensure you are properly protected is important. First, you should contact the police immediately to report the accident and provide your contact information.
You should also exchange contact information with any witnesses or other drivers who were there at the time of the crash. Additionally, you should take pictures of the scene and any damage that may have occurred.
It is important to note that if you are involved in a hit-and-run accident with a pedestrian or bicyclist, you may be held liable for their injuries and any property damage caused by the crash, so it is important to take all necessary precautions. Here are some key steps that should be taken in such an event:
- Contact Law enforcement: Call 911 as soon as possible after an accident and exchange information with any witnesses or other drivers who were present at the time of the crash.
- Take Pictures: Capture images of all vehicles involved in the collision and any visible property damage caused by the crash.
- Obtain Medical Attention: Seek medical care for injuries sustained during the hit-and-run accident to ensure proper medical care for yourself or the crash victim.
- Document Everything: Keep all records related to medical care received following an accident, including medical bills, doctor’s notes, etc., for future use if necessary.
One of the key steps in filing a claim after a hit-and-run accident in Florida is understanding the statute of limitations. That's how long you have to file a claim, which can vary from state to state.
In Florida, you have up to two years to file a claim for injury or property damage sustained during the accident. But it’s important to act sooner rather than later—the longer you wait, the harder it can be to recover compensation from an at-fault driver who has gone missing.
Another reason you should act quickly is that if you attempt to file a claim after the statute of limitations has expired, the court will probably refuse your case. To ensure you can exercise your rights as an injured party and receive due compensation, start your claim process within the two-year statute of limitations.What Is the Difference Between a Misdemeanor and A Felony Hit and Run?
When it comes to hit-and-run claims in Florida, you should know the difference between a misdemeanor and a felony. Misdemeanor hit and run is defined as leaving the scene of an accident without providing contact information or rendering aid. If someone is injured, damages exceed $50, or the scene involves property damage, it is likely to be classified as a felony.
In a felony hit and run, you face harsher penalties than in a misdemeanor offense. Punishment for a felony hit and run can include:
- Imprisonment of up to 5 years.
- Restitution fees for any injury or property damage sustained in the incident.
- Increase in insurance rates.
- Suspension of license.
- A permanent criminal record.
The severity of the punishment depends on whether or not injury or death occurred and the extent of anyone's injuries/damage caused by your actions. It’s important that you understand the difference between a misdemeanor and a felony charge before filing your claim so that you are aware of what may happen if convicted.What Is The "Move Over Law” And How Does It Relate to Hit and Run Accidents?
If you've been involved in a hit-and-run accident in Florida, you need to know about this law—it could come into play during the claims process.
The Move Over Law is a state law that requires motorists to move over or slow down when approaching an emergency vehicle, tow truck, highway maintenance or utility service vehicle that is stopped on the side of the road with its lights flashing. The law also applies to hazardous material response vehicles and sanitation vehicles.
If you fail to move over or slow down when approaching an emergency vehicle on the roadside, you can be cited with a traffic infraction. What's more, if someone is injured or killed due to your failure to comply with this law, you may face criminal charges. So, as you can see, taking the Move Over Law seriously is important!Can A Pedestrian File A Hit and Run Claim?
Yes, pedestrians can file hit-and-run claims after a crash in Florida. Just like if you were in a vehicle, as a pedestrian, you have the legal right to recover damages from the at-fault driver. Unfortunately, if the driver who hit you leaves the scene, they'll unlikely be held legally accountable, as you won't have their details to file a claim against.
That's why pedestrians need to be aware of everything that goes into filing a hit-and-run claim in Florida:
- Gather information: As soon as it’s safe, try to collect as much information about the vehicle that hit you as possible. This includes its make/model/color and license plate number (if possible).
- Seek medical attention: Once it’s safe to do so, seek medical attention immediately—even if you don't think your injuries are serious—as some injuries take time to develop.
- Report the crash: Immediately report the crash to local law enforcement. This is key if you want your insurance company (or another driver’s) to pay for your damages or any resulting medical expenses.
- File a claim: Call your insurance company and alert them about the accident. Your coverage may be able to help pay for damages or medical expenses experienced due to another driver’s negligence in a hit-and-run crash.
You might be wondering if your insurance rates will go up if you are involved in a hit-and-run accident because this could adversely affect your finances. The answer is: it depends.Factors that Influence Insurance Rates
Your insurance company will consider various factors when determining if they will raise your rates. These include the severity of the damage, who was at fault, the type of policy you have if you have a history of filing claims and how long you have had coverage.
It is also important to note that insurance companies increase rates after any claim is made—regardless of who is at fault. This means your rates could still increase even if you are not responsible for the accident.
If you are unfortunate enough to be involved in a hit-and-run accident, it's important to contact your insurer as soon as possible so that they can investigate and determine if any rate increase is warranted due to the incident.What Should I Do If I Witness a Hit and Run Accident?
If you witnessed a hit-and-run accident, you need to remain calm and alert. First, dial 911 immediately. Give the operator as much information as possible, such as the location of the accident, a description of any vehicles involved, and any injuries sustained.
When law enforcement arrives, it is important that you provide an accurate and detailed account of what happened. The information you provide could help catch the responsible party. Be sure to provide your contact information to the officers to ensure any questions can be answered in the future.
It is also a good idea to take some additional steps before leaving the scene:
- Write down descriptions for any vehicles involved in the accident, including make, model, color, license plate number (if available), etc.
- Take photographs of the accident scene from multiple angles
- Get contact information from other witnesses who saw the accident
Providing as much detail as possible about an incident like this can be greatly beneficial when filing a hit-and-run claim with your insurance company or law enforcement agency.Can I Still File a Claim If I Was Partially at Fault for A Hit and Run Accident?
Despite the best of intentions, accidents happen. But what happens if you’re partially at fault for a hit-and-run accident in Florida? Can you still file a claim? Fortunately, Florida's comparative negligence rule allows you to still file a claim. This means that even if you’re partly responsible for your injuries, the other driver’s insurance company may be liable for some of your damages.
The comparative negligence rule states that your percentage of liability will reduce the amount of damages awarded proportionally. So if you are found to be 30% at fault for a hit-and-run accident, then only 70% of your damages will be awarded.
It’s important to remember that filing a hit-and-run claim in Florida can be complicated and difficult, even with the comparative negligence rule in place. You’ll want to make sure you have all of your facts straight before filing any claims or speaking to an insurance company - talking to an experienced personal injury lawyer should also be something on your list as they can help you understand any legal complexities involved in filing a hit and run claim.How Can a Lawyer Help Me With A Hit and Run Claim?
So, how can a lawyer help you with a hit-and-run claim in Florida? The most basic way is that they know the ins and outs of the laws relating to hit-and-run cases. They will be able to review your case and advise you on what steps you need to take, including getting the right documents, gathering evidence, and filing your claim correctly.
Another way that a lawyer can be helpful is by connecting you with witnesses who saw the accident. In many cases, witnesses are hard to come by; however, lawyers often have connections that can be useful in locating potential witnesses.
A lawyer will also help fight for your rights in court. They will present your case professionally and ensure that all deadlines are met. They will also work closely with respected insurance companies to reach a fair settlement, so you receive everything you are entitled to under the law.Contact Frankl Kominsky Hit And Run Lawyers Serving Gainesville
No matter what kind of accident you have been involved in, getting the legal representation you need is important to ensure you can be compensated for any damages or losses. If you have been involved in a hit & run accident, getting a quality attorney is even more important as soon as possible. This is where Frankl Kominsky comes in.
As one of the leading hit-and-run lawyers serving Gainesville, Florida, Frankl Kominsky offers comprehensive legal services at competitive rates. Our team is dedicated to helping you receive fair compensation for any medical bills, lost wages, and pain and suffering from the accident.
At Frankl Kominsky, we understand how difficult these kinds of cases can be and are here to help you navigate the process. We will work with you step-by-step to build your case and maximize potential outcomes. Our experienced attorneys bring decades of legal experience and knowledge to the table so that your case will be handled with precision and care at every stage.
If you have recently been involved in a hit & run accident, contact Frankl Kominsky at (561) 800-8000 for optimal legal representation. We are here for you every step of the way!