Hit & Run Accident Lawyers Serving Hollywood
One of the most important questions to consider when it comes to hit-and-run claims in Florida is: why should I care? The answer is simple—in most cases, if you're involved in a hit-and-run accident, you might not be able to collect damages for your medical bills, lost wages, or even damage to your car.
Worse, filing a hit-and-run claim in Florida can be extremely tricky due to the laws surrounding them. That's why understanding what's required before you file a claim is so important.
Being involved in a hit-and-run accident is often inconvenient, stressful, and dangerous— but with a solid understanding of what's required when filing a claim, plus the right insurance policies in place, you can ensure that your rights will be protected if such an incident occurs.What Steps Should I Take at The Scene of The Hit and Run Accident?
If you've been in a hit-and-run accident, you'll want to take some steps at the scene to increase the chances of filing a successful claim. Here's what you should do:
- Remain at the scene and call the police. Make sure to have all relevant information ready, such as witness contact information, pictures of the damage or physical injuries, and vehicle license plate numbers, if possible.
- Report the accident to your insurance company as soon as possible - this will help ensure your claim is filed accurately and quickly.
- Follow up with your claim by providing additional information or documents with your insurance company's requests.
While it might be hard, hit-and-run victims must take these steps immediately after an accident if they hope for a successful claim. Doing so can help ensure that their rights are defended, and that they can receive any compensation they deserve.Am I Eligible to Make a Hit and Run Accident Claim?
Yes, you're eligible to make a hit-and-run accident claim—but there are some key things you need to know. First, you must either know who was driving at the time of the accident or be able to describe the vehicle. You should also have enough information to file a police report, like license plate numbers or other identifying features.
You may be eligible for compensation if you report the accident within 72 hours and provide enough detail. This includes medical expenses from the accident and property damage up to $10,000. Any money you receive must not exceed these thresholds.
The compensation is paid out by the Personal Injury Protection (PIP) fund because the driver who caused the accident hasn't been identified—but if they can eventually be identified and it is determined that their insurance should pay for any damage caused, then your claim will be rejected and any money paid out would need to be repaid.Which Types of Compensation Can I Collect for A Hit and Run Claim?
So, what types of compensation can you expect when filing a hit-and-run claim in Florida? Depending on the severity of the accident and the circumstances surrounding it, you may be entitled to the following:
- Property damage costs (for any damages to your vehicle).
- Medical expenses (including hospital bills, physical therapy, and other necessary medical treatments).
- Lost wages (for any time off from work related to your injuries).
- Pain and suffering (physical pain, emotional distress, and other non-economic damages).
Remember that Florida law does cap the amount you can recover for pain and suffering in car accident cases. That cap is $2 million. Additionally, if someone else was in the vehicle with you during the hit-and-run accident, they may be entitled to compensation for their injuries.
However, since this is a complex area of law, it's best to speak with an experienced attorney to help you determine who is eligible to seek compensation and how much.How Can You Prove That Motorists Left the Scene of the Accident If They Deny Responsibility?
It's not easy to prove that a motorist left the scene of a crash, especially if they deny responsibility—but there are a few ways you can do it.
If any witnesses saw the driver and reported it to the police, their statements can go a long way in helping your case. But even if there weren't any witnesses, you may still be able to get help from people who were at the scene.
Security Cameras & Dashcams
These days, nearly everyone has a dashcam installed in their vehicle. These are useful when proving that someone left the scene of an accident since they can provide valuable footage of what happened and who was involved.
Cell Phone Records
Plus, if you think you know who left the scene of an accident that involved you and can provide evidence that proves it was them (like phone records), this may be enough to help prove your case.
The more information you have available, the better your chances of getting justice after being involved in a hit-and-run crash are. When filing your claim, gathering as much evidence as possible to back up your version of events is key.Can I Still Be Compensated for My Injuries and Damages If I Did Not Have Uninsured Motorist Coverage?
Yes, you can file a hit-and-run claim in Florida despite not having uninsured motorist coverage. Depending upon the facts of your case and the extent of your damages, you may still be entitled to compensation for your injuries and damages.
Here's what you should know about filing a hit-and-run claim in Florida when you do not have uninsured motorist coverage:
- You may be able to collect from the property damage liability insurance policy of the at-fault driver. This policy typically covers property damage caused by other drivers, including repairing or replacing your damaged car or compensation for medical expenses, lost wages, pain and suffering, or other out-of-pocket expenses.
- You may also be able to collect from your own insurance company's collision coverage policy. If you are at fault for an accident, no matter how slight that fault might be, collision coverage will generally cover repair costs to your car, less any applicable deductible.
- In certain cases, you can seek compensation from the Department of Motor Vehicles Hit and Run Assistance Program (HRA). This program helps victims who have suffered financial loss after being involved in a serious hit-and-run incident where law enforcement cannot identify a liable party.
- You also may be able to pursue a personal injury lawsuit against the driver if they are identified later on or file a claim with your uninsured motorist (UM) policy if it includes UM/UIM benefits—provided that the amount sought is within the limits of this type of coverage on your policy.
No matter how complex or challenging recovering damages in a Florida hit-and-run claim might seem, there are multiple options for collectingWhy Should I File a Police Report in A Hit and Run Accident?
It's important to file a police report if your vehicle gets involved in a hit-and-run accident in Florida. While this may seem like an extra step, it will help you with the insurance claims process—and the law says you must do this.
Filing an official police report helps document what happened and can help show that you weren't at fault for the accident.
Perhaps most importantly, a police report is essential for filing an insurance claim. A copy of the police report can be needed when:
- Applying for uninsured motorist coverage.
- Asking for compensation from your insurer for personal injury or property damage caused by another driver.
- Suing the other driver if you need to.
Depending on where you live in Florida, the law may require that you file a police report within a certain time frame after a hit-and-run accident happens, so be sure to look up your local requirements after it happens immediately. Taking care of this step as soon as possible will make things much easier down the road—and will get you one step closer to your insurance settlement!Where Can I Obtain Compensation for Your Injuries in A Hit and Run Accident?
If you've been injured in a hit-and-run accident in Florida, you might wonder how to get compensation for your injury. The answer is: it depends. You may be able to get compensation from the at-fault driver, from your insurance policy, or a third-party provider.
From the At-Fault Driver
You may obtain compensation for injuries in a hit-and-run accident by filing a claim with the at-fault driver's insurance company. This is typically only possible if the driver is caught and brought to justice. You will have to prove that your damages exceed the limits of the at-fault driver's policy.
From Your Insurance Policy
Depending on your insurance coverage, your policy might protect you in a hit-and-run situation. If you have uninsured/underinsured motorist (UM/UIM) coverage, you can make an uninsured motorist claim with your insurer and collect damages up to the limits of your policy.
From A Third-Party Provider
If both of these options fail, there is another option: filing a lawsuit against the person who caused the accident or their estate. For this kind of claim, it's best to work with an experienced personal injury attorney who can help you protect all your rights.
But now, the big question: does insurance in Florida cover a hit-and-run? The answer is yes, but with caveats. Depending on the specific circumstances of your case, you may be able to make use of different kinds of coverage:
Uninsured/underinsured motorist coverage
This coverage compensates you for any property damage an uninsured or underinsured driver has caused. If you've purchased this type of coverage in advance and the other driver was not insured, then in most cases, the insurance company will provide compensation for the damages.
If your car has been damaged in a hit-and-run incident and you have comprehensive coverage, your insurance company should cover your losses. However, note that comprehensive and collision coverage typically comes with a deductible—so even though your insurer will cover some or all of the damage, you'll still need to pay out of pocket before they'll help with covering costs.
Stacked vs. Unstacked insurance policy
If you have uninsured motorist protection as part of a stacked policy—two policies combined— then the insurer will pay out up to twice the amount provided by an unstacked policy. It's worth looking into whether this may give you more protection than an unstacked policy would provide in case of a hit-and-run claim.
Ultimately, filing a hit-and-run claim in Florida requires thorough research and understanding of your rights as provided by law; what kind of coverage your policy offers; and if (and how much) finances are available for covering costs related to filing for compensation from those who caused property damage.Can Anything I Say to The Police After a Car Accident Be Used Against Me?
When it comes to hit-and-run claims in Florida, you should know that anything you say after a car accident can—and likely will—be used against you. So even if it's something as small as stating the police after the accident, it's important to be careful with what you say. The best advice is never to admit fault or responsibility for the accident.
If an officer asks for your account of what happened, stick to the facts and don't guess or speculate. Be sure to get all the relevant details of the incident, including the date and time and any identifying information about the driver who left the scene (such as their vehicle description or license plate number).
It's also a good idea to make notes of your conversations with law enforcement in case it's needed later in court. Be honest, but remember that anything you say could be used against you in court and ultimately harm your case.What Should I Do If an Adjuster from the "At-Fault" Individual's Insurance Company Calls Me?
If an adjuster from the at-fault individual's insurance company calls you, first, stay calm and be polite. Remember that the adjuster's job is to settle your claim for as little as possible.
You're not obligated to answer any questions. If you don't feel comfortable speaking with an adjuster or something feels off, you can always seek legal advice or contact your insurance company.
Also, it's important never to accept payment or sign anything without consulting your attorney first. The at-fault party may often quickly push for a settlement offer to minimize their liability, but this is not always the best choice.Insurance And State Laws That Could Affect Your Claim in Florida?
When it comes to filing a hit-and-run claim in Florida, there are a few things you need to know about insurance and state laws that could affect your claim.
Uninsured Motorist Coverage
To begin with, it is important to have uninsured motorist coverage (UIM) when you're filing a hit-and-run claim in Florida. It's the only way to be fully covered in an accident where the other driver is not insured or if they flee the scene. And what's more, you can also get underinsured motorist coverage (UMIM) which protects you even if the other driver has some insurance but not enough.
Statute Of Limitations in Florida
Another thing to consider when making a hit-and-run claim in Florida is the statute of limitations. In Florida, claimants have two years from the accident date to file their claim or may be prevented from recovering damages or compensation.
You may wonder why you would ever pay a lawyer to represent you in a Florida hit-and-run case. After all, if you're dealing with your own insurance company, isn't that enough?
Well, no. Here are three good reasons why you should consider hiring a lawyer for a hit-and-run claim in Florida:
- Your lawyer will get additional compensation for your pain and suffering. Insurance companies are tricky—they try to limit how much they have to pay for pain and suffering, but an experienced lawyer can negotiate a better settlement for you.
- Your lawyer can guide you through the process and ensure all the paperwork is filed correctly and on time. Nobody wants the stress of figuring out the details of filing a lawsuit on their own—a lawyer will walk you through it step by step, so everything goes smoothly.
- Your lawyer will protect your rights during negotiations with the insurance company, ensuring your best interests are always considered. Insurance companies would love nothing more than to take advantage of any vulnerability they can find—with an experienced attorney on your side; they won't be able to do that!
If you're looking for help with a hit-and-run claim in Florida, then it's time to contact a lawyer from the Frankl Kominsky Injury Lawyers law firm serving Hollywood. At Frankl Kominsky Injury Lawyers, our team of experienced attorneys have handled numerous cases involving hit-and-run claims—so we understand your rights and will work with you every step to ensure that justice is served.
At Frankl Kominsky Injury Lawyers, we take these cases very seriously and are committed to helping victims seek justice. We understand how stressful and overwhelming these situations can be, so we strive to provide outstanding customer service. If you're ready to learn more about how we can help, don't hesitate to reach out today at (561) 800-8000.