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You must remain at the scene, give information, and render aid, or face the legal consequences
You’re driving when you hear a bump and realize you hit another vehicle. Should you stop your car or keep driving? The answer is, obviously, the former. But stopping at the scene of the car accident isn’t your only legal duty following a collision, and if you break the law, you could face some pretty serious penalties.
That’s not to mention that, if you’re convicted of this at-fault accident, your car insurance premium will increase. Of course, that doesn’t mean you should keep driving to avoid this price bump. You should follow the law and take responsibility for your actions.
If you hit someone’s car, here’s how to handle a hit-and-run accident.
You’re required to report to the police any accident involving:
If you hit a parked car with no one in it, or you damage property, and no one is around, you must stop and try to locate the owner or driver, notify them of the accident, and exchange information.
If you can’t find them, you must leave a securely attached note in a conspicuous place on their vehicle or property. The note should include your:
Make sure to move your car so it’s not obstructing traffic, as that’s a nonmoving violation on its own (more on penalties below).
If your at-fault accident caused property damage only, you are required to give information after you stop at the scene of the crime, or as close as you can, and move your car from obstructing traffic: Exchange your name, address, registration number, and, if any vehicle occupant or police officer requests it, your driver’s license or learner’s permit information
In addition to the above requirements, you’ll have to render aid to any injured parties, meaning carry or arrange to carry them to a hospital, physician, or surgeon for surgical or medical treatment if it seems necessary or if the injured person requests it. This duty to “render aid” applies only to “serious bodily injuries,” which the Florida Statutes define as physical conditions that cause a substantial risk of:
If you caused death, the police will hold you in custody until you’re released on bail, if you can pay it.1
That’s it for your legal duties, but we recommend doing the following after an accident to gather evidence for your auto insurance claim:
Florida’s no-fault laws mean that the at-fault driver pays for the other driver’s property damages under property damage liability coverage, but each party pays for its own medical expenses under personal injury protection (PIP) coverage. If you don’t know the identity of the other driver, you can use uninsured motorist coverage or collision coverage to repair or replace your car. If you’ve reached your PIP limit, you can use your health insurance as secondary coverage.
PIP covers 80 percent of all reasonable and necessary medical expenses up to $10,000. It also covers lost wages and child care costs due to an accident.2
Due to Florida’s pure comparative negligence laws, you can seek economic and non-economic damages for pain and suffering in a civil suit, given you know the identity of the hit-and-run driver. However, your compensation will be reduced by your percentage of fault.
Florida car insurance premiums will increase by an average of 47 percent following a hit-and-run, given you caused the accident and were caught and convicted.
The National Highway Traffic Safety Administration’s Fatality Analysis Reporting System tracks fatal car crashes throughout the U.S. Focusing on Florida specifically, we found that from 2011 to 2021, the most recent data available, 7 percent of fatal car crashes in Florida were hit-and-runs.
Year | Involved a hit and run | Did not involve a hit and run | Total fatal crashes in Florida | Percentage of all fatal crashes |
---|---|---|---|---|
2011 | 135 | 2,077 | 2,212 | 6% |
2012 | 145 | 2,108 | 2,253 | 6% |
2013 | 146 | 2,077 | 2,223 | 7% |
2014 | 166 | 2,170 | 2,336 | 7% |
2015 | 185 | 2,514 | 2,699 | 7% |
2016 | 207 | 2,728 | 2,935 | 7% |
2017 | 210 | 2,715 | 2,925 | 7% |
2018 | 206 | 2,711 | 2,917 | 7% |
2019 | 204 | 2,748 | 2,952 | 7% |
2020 | 247 | 2,850 | 3,097 | 8% |
2021 | 295 | 3,156 | 3,451 | 9% |
Total | 2,146 | 27,854 | 30,000 | 7% |
Average | 195 | 2,532 | 2,727 | 7% |
More than 1 in 4 fatal hit-and-runs in Florida involved drunk driving in 2021, meaning the driver had a blood alcohol concentration (BAC) of 0.08 percent or higher. Speeding and distracted driving were involved less often.
Driver involvement | Number of fatal hit-and-runs in Florida, 2021 | Percentage of total |
---|---|---|
Alcohol impairment (BAC of 0.08% or higher) | 80 | 27% |
Speeding | 12 | 4% |
Distracted driver | 19 | 6% |
Total | 295 | N/A |
Of the known fatal hit-and-run drivers in Florida the same year, a quarter were between the ages of 25 and 34, while nearly half were between 25 and 44.
Age group | Number of drivers involved in fatal hit-and-runs in Florida, 2021 | Percentage of total known drivers |
---|---|---|
16-20 | 19 | 8% |
21-24 | 19 | 8% |
25-34 | 58 | 25% |
35-44 | 55 | 24% |
45-54 | 36 | 15% |
55-64 | 30 | 13% |
65-74 | 9 | 4% |
Over 74 | 8 | 3% |
Unknown | 184 | N/A |
Total | 418 | N/A |
Total known | 234 | N/A |
Nearly 8 out of 10 drivers involved in fatal hit-and-runs were male when the sex of the driver was known. Despite this outsized involvement, men in Florida pay the same amount for car insurance as women in Florida, given all else is equal, due to the state’s anti-discrimination legislation.3
Sex | Number of drivers involved in fatal hit-and-runs in Florida, 2021 | Percentage of total known drivers |
---|---|---|
Male | 190 | 79% |
Female | 49 | 21% |
Reported as unknown | 179 | N/A |
Total | 418 | N/A |
Total known | 239 | N/A |
Depending on the consequences of the hit-and-run, penalties could include fines, imprisonment, a license revocation, community service, and even community control, meaning house arrest.
If you leave the scene of the accident without calling law enforcement, you’ll face the following penalties under Florida law.
Hit-and-run involvements | Not reporting to the police an accident with injury, death, or property damage of $500 or more
Hitting an unattended vehicle/property Obstructing the flow of traffic when stopped at the scene of the crime |
Damage to a vehicle or property | Injury | Death |
---|---|---|---|---|
Charge | Noncriminal traffic infraction | 2nd degree misdemeanor | 3rd degree felony | 1st degree felony |
Imprisonment | None | 60 days maximum | 4 years minimum | 4 years minimum |
License revocation | Maybe | Maybe | 3 years minimum | 3 years minimum |
Victim impact panel or driver improvement course to reinstate license | No | No | Yes | Yes |
Community service in trauma center/hospital | 120 hours if accident resulted in death | No | May be required | 120 hours |
Maximum fine | $500 | $505 | $5,000 | $10,000 |
Community control if no imprisonment | N/A | No | 1st offense: 6 months
2nd offense: 1 year 3rd and subsequent offenses: 2 years |
1st offense: 6 months
2nd offense: 1 year 3rd and subsequent offenses: 2 years |
Points on your driving record | 6 | 6 | 6 | 6 |
To reinstate your license, you’ll need your insurance company to file an SR-22, a form that proves you have minimum coverage, with the state.
Whenever you file a claim with your insurance provider, it’ll make finding cheap car insurance in Florida that much harder. That being said, hopefully you’re able to find the identity of the hit-and-run driver so you can file third-party claims with their insurance provider, keeping your rates low.
How serious a Florida hit-and-run is depends on the consequences of the hit-and-run. For example, less serious violations are hit-and-runs of unattended or attended vehicles/property, which can give people only a maximum of 60 days in jail and a $505 fine. However, if you cause an injury or death, you could face a minimum of four years in jail, a minimum license revocation of three years, and up to $10,000 in fines, among other penalties.
According to Florida Statutes 316.066, the police are legally required to investigate any car accidents that involve:
Within 10 days, they must write and submit a Florida Traffic Crash Report, which must include:
If you received a traffic infraction for hitting an unattended vehicle or unattended property and not reporting it to the police, you can prevent Florida from adding points to your record by completing a Basic Driver Improvement course. That way, your car insurance won’t get more expensive. However, since all other hit-and-run violations are misdemeanors or felonies, they will remain on your record indefinitely.
Insurance may or may not cover hit-and-runs in Florida. If you misrepresented the hit-and-run to your insurance company, or if your license has been suspended or revoked during the policy period, it could cancel your coverage with a 60 days’ notice at the least, according to Florida Statutes Section 627.728. However, if you still have your driving privileges and represent the hit-and-run to your insurance company truthfully, it will cover your losses.
The 2023 Florida Statutes. Florida Legislature. (2023).
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.027.html
Florida Insurance Requirements. Florida Highway Safety and Motor Vehicles. (2023).
https://www.flhsmv.gov/insurance/
2021 Florida Statutes (Including 2021B Session). The Florida Senate. (2021).
https://www.flsenate.gov/laws/statutes/2021/626.9541