Being hit by a driver who speeds off feels like the system has already failed you. It has not. Florida law has a built-in answer for the driver who flees, and it usually sits inside your own auto policy.
Your uninsured motorist coverage is the path
Florida treats an unidentified hit-and-run driver as an uninsured driver, which means your own uninsured and underinsured motorist coverage can pay for your injuries even when the other driver is never found. Your PIP coverage pays the first part of the medical bills no matter who was at fault. Recovering on a phantom-vehicle claim generally requires that you reported the crash to law enforcement promptly, so the police report is not just paperwork, it is part of the claim.
A hit-and-run feels like being left with no one to answer for what happened, and that is rarely the real situation. I move quickly to open the uninsured motorist path, to press the investigation that might still find the driver, and to keep your first-party benefits flowing while the rest gets sorted out. I represent injured people, not insurance companies, and that matters here in particular, because in a UM claim the company on the other side is your own, and it needs to be held to the coverage you paid for.
When the other driver flees, the case is rebuilt from the physical evidence left behind, and reading that evidence is what I do. I am an ACS-CHAL Forensic Lawyer-Scientist who spent years defending DUI cases, so I know how the speeds and forces of a crash, the data a vehicle records, and any impairment evidence are assembled and pulled apart. I represent injured people, not insurance companies, and I came up as a public defender who tried numerous cases and cross-examined witnesses constantly. I am willing to put a case in front of a jury, which is often what moves your own insurer to treat an uninsured-motorist claim fairly. I handle your case personally, from the first call through trial. Learn more about my background.
How you recover when the driver is never found
The fear after a hit-and-run is that if no one catches the other driver, there is no one to hold responsible. That is not how it works. Florida’s uninsured motorist coverage, under section 627.727, Florida Statutes, is built for exactly this, because an unidentified or phantom driver is treated like an uninsured one, so your own UM coverage steps into the shoes of the driver who fled. There is a wrinkle worth understanding: UM is first-party coverage, which means the claim runs against your own insurance company, and once it does, your insurer becomes the party on the other side of the table, evaluating and often resisting your claim the way any carrier would. UM can also sometimes be stacked across the vehicles or policies in a household, which can raise the money available. And while all of this is happening, your PIP benefits under section 627.736 still pay first-party medical and wage benefits regardless of who caused the crash, so treatment does not have to wait on finding the driver.
Finding the driver, and the criminal side
Leaving the scene of a crash with injuries is a felony in Florida under Fla. Stat. 316.027, and a fleeing driver can sometimes be identified through nearby cameras, debris and paint transfer, and witness canvassing. If the driver is found, their liability coverage may come into play as well. Because I have spent years in Florida’s criminal courts, I understand how the criminal investigation runs alongside your civil claim and how to keep the two working together.
The criminal case helps, but your recovery does not wait on it
Two tracks run after a hit-and-run, and it helps to keep them separate. On one side is the criminal case: leaving the scene of a crash that caused injury is a serious offense in Florida, and the police investigation, along with traffic and business camera footage, witness descriptions, and vehicle-part evidence left at the scene, can sometimes identify the driver. If they are found and turn out to be insured, that opens a claim against their coverage. On the other side is your civil recovery, and the important point is that it does not depend on the criminal case succeeding. Even if the driver is never caught, the UM path is still there. Preserving the evidence early matters on both tracks, the debris, the footage before it is erased, and the witness contacts, so I treat the investigation as urgent even though your right to recover does not hang on its outcome.
What a phantom-vehicle claim asks of you
A claim on your own uninsured motorist coverage for a driver who was never identified comes with conditions, and knowing them early protects the claim. The most important is prompt reporting: an uninsured motorist claim for a phantom or unidentified vehicle generally requires that the crash was reported to law enforcement quickly, so the police report becomes part of the claim rather than mere paperwork. Corroboration also helps, which is why physical evidence left at the scene, nearby camera footage, and the accounts of any witnesses are worth preserving before they are gone. Because the claim runs against your own carrier, it is easy to assume the company is on your side, and that assumption is where people get hurt. The insurer will still test the injuries, the value, and the coverage, so the claim is presented and documented the same way it would be against any other carrier, thoroughly and with proof, not on trust.
The deadline
For a crash on or after March 24, 2023, Florida gives you two years to file suit under Fla. Stat. 95.11(5)(a). The proof in a crash case, the vehicles, the scene, and any video, disappears long before then, so the first weeks matter. See the filing deadline.
Common Questions
How do I recover if the driver who hit me fled?
Through your own uninsured motorist coverage. Florida treats an unidentified hit-and-run driver as an uninsured driver, so your UM coverage can pay for your injuries even though the other driver was never found. Your PIP pays the first part of your medical bills regardless of fault.
Do I have to report a hit-and-run to recover?
Prompt reporting is important. Uninsured motorist claims for a phantom or unidentified vehicle generally require that the crash was reported to law enforcement promptly, so call the police and report it as soon as you safely can.
Is leaving the scene a crime in Florida?
Yes. Leaving the scene of a crash involving injury is a felony under Florida law. A criminal case against the driver, if one is identified, is separate from your civil claim for compensation.
What if they catch the driver later?
Then the at-fault driver's own liability coverage may come into play, in addition to or instead of your uninsured motorist coverage. Either way, the goal is to line up every source that can pay.
How long do I have to file?
A negligence claim generally must be filed within two years, while an uninsured motorist claim is a contract claim with its own, longer deadline. The reporting steps, though, matter immediately.
Is my own insurer on my side in a hit-and-run claim?
Not in the way people expect. Because uninsured motorist coverage is first-party, the claim runs against your own company, and it will evaluate and often resist the claim the way any carrier would. That is why a UM claim is built and documented with proof, not presented on the assumption that your insurer will simply pay.
Related: Car accident overview, Uninsured motorist coverage, How PIP works, Head-on and wrong-way crashes, and About Rory Safir.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. The governing authorities include Fla. Stat. 627.727 (uninsured and underinsured motorist coverage), 627.736 (PIP), 316.027 (leaving the scene), and the applicable limitations periods. Insurance and tort law change, and this reflects June 2026. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
