Miami Hit-and-Run Accident Lawyer

The Miami Car Accident Lawyer, Jonathan Perazzo wonders what happens when, “The driver ran, but Your claim didn’t.” Under Florida law, you do not need the at-fault driver’s name, plate, or insurance policy to start recovering. Your own Personal Injury Protection (PIP) benefits are payable without regard to fault under Fla. Stat. § 627.731 and § 627.736 — even if the driver who hit you is never identified. Uninsured motorist (UM) coverage under Fla. Stat. § 627.727 is the mechanism Florida law uses to reach an uninsured — or never-identified — driver. Struck in Miami-Dade or Broward by a driver who fled? A Miami hit-and-run accident lawyer at The Perazzo Law Firm can walk you through both. Call 786-529-7411 for a free case evaluation.

Being hit and then left in the road is a different kind of injury. There is the physical damage, and then there is the specific helplessness of watching taillights disappear. Most people in that moment assume the case is over before it started. In Florida, that assumption is usually wrong — and acting on it costs victims real money.

Two Florida Coverages That Pay When Nobody Is Caught

Florida built two mechanisms into its insurance code specifically so that an injured person is not left with nothing when the responsible driver cannot be reached. Both operate through your own policy, which is why the fleeing driver’s identity is not the gatekeeper people assume it is.

1. PIP pays regardless of fault — Fla. Stat. § 627.736

Florida’s no-fault statute exists “to provide for medical, surgical, funeral, and disability insurance benefits without regard to fault” (Fla. Stat. § 627.731). That phrase is the whole point. No fault determination is required, which means no identified driver is required either.

$10,000 in medical and disability benefits (§ 627.736(1)).
$5,000 death benefit (§ 627.736(1)).
80% of reasonable, medically necessary expenses; 60% of lost income as disability benefits.
Non-emergency conditions are capped at $2,500 — an emergency medical condition unlocks the full $10,000.
Coverage extends to the named insured, resident relatives, occupants of the insured vehicle, and people struck by the insured vehicle while not occupying a self-propelled vehicle.

[TODO: verify — PIP priority and eligibility for a Miami pedestrian or cyclist who owns no vehicle and has no household auto policy (§ 627.736(4)(d)); do not publish an unqualified “pedestrians are always covered” line until attorney sign-off.]

2. Uninsured motorist coverage reaches a driver who is never found — Fla. Stat. § 627.727

PIP stops at $10,000. Serious injuries do not. That is where UM coverage takes over. Section 627.727(1) requires UM to be offered on Florida bodily-injury policies “for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles.”

Two structural points matter in a hit-and-run:

Nearly all Florida auto policies define an “uninsured motor vehicle” to include a hit-and-run or unknown vehicle. The statute supplies the coverage requirement; your policy language supplies the hit-and-run definition.
UM is excess over — and does not duplicate — PIP and other benefits, and covers “the difference, if any, between the sum of such benefits and the damages sustained” (§ 627.727(1)).

If the driver is later identified — sometimes weeks after the crash — that driver’s own bodily-injury liability coverage becomes the primary source, with UM sitting above it. This is a concrete reason the investigation has dollar value, not just emotional value.

The First 14 Days Decide More Than Anything Else

This is the single most urgent thing on this page. Under Fla. Stat. § 627.736(1)(a), PIP medical benefits are payable only if the injured person receives initial services and care within 14 days after the motor vehicle accident. Miss that window and the $10,000 in no-fault medical benefits can be lost — no matter how badly you were hurt, and no matter that the other driver committed a crime.

Call 911 and get to the nearest emergency room. Adrenaline masks head, neck, and internal injuries for hours or days.
Make sure a police report is generated. Florida requires the reporting of crashes involving injury, death, or apparent property damage of at least $500 (§ 316.065(1)). Many Florida policies also condition unidentified-vehicle UM coverage on prompt reporting to law enforcement.
Write down everything you saw — partial plate, color, make, body damage, direction of travel, time. Do it the same day, before memory reshapes it.
Photograph the scene and your vehicle, including paint transfer, debris, and skid marks. In a contact case this physical evidence independently proves a second vehicle existed.
Identify cameras fast. Business, residential, transit, and dashcam footage is frequently overwritten on a short cycle. This is the most perishable evidence in the entire case.
Get witness names and numbers at the scene. People leave, and they are extremely difficult to find afterward.
Receive initial medical care within 14 days. Not “if it still hurts.” Within 14 days.
Notify your own insurer promptly. Your policy — not a statute — sets the UM notice deadline, and many Florida policies require prompt notice plus a police report.
Talk to a lawyer before giving a recorded statement. In a hit-and-run, your own insurer is the one paying the UM claim, which changes the dynamic of that conversation.

Struck by a driver who fled in Miami-Dade or Broward? Call 786-529-7411 or request a free case evaluation. No recovery, no fee.

What Florida Law Actually Says About “Phantom” and No-Contact Crashes

A great deal of what circulates online about Florida phantom-vehicle claims is simply wrong. Here is the accurate framing.

Physical contact is not required. In Brown v. Progressive Mutual Insurance Co., 249 So. 2d 429 (Fla. 1971), the Florida Supreme Court rejected a policy’s physical-contact clause, reasoning that the only purpose of such a requirement is to prove the accident happened — and that is an ordinary question of fact: “If the injured party can sustain the burden of proof that an accident did occur, he should be entitled to recover, regardless of the actuality of physical contact.”

There is no Florida statutory independent-corroboration requirement. Section 627.727 contains no language about physical contact, unidentified vehicles, phantom vehicles, or corroboration. Corroboration rules from other states do not govern a Florida claim, and the “§ 627.727(3)(b) corroboration requirement” repeated on some websites does not exist — that subsection addresses insurer insolvency, inadequate limits, and nonfamily-member exclusions.

The honest practical reality: a no-contact case — where a driver ran you off the road but never touched your vehicle — is harder to prove, because the evidence may be limited to your own testimony plus whatever circumstantial support exists. Where there was contact, the damage, paint transfer, debris, and crash report independently establish that a second vehicle was there, and the “did this even happen” fight largely disappears. That is an evidentiary difference, not a legal barrier.

[TODO: verify — attorney sign-off on whether a Florida insurer may enforce a policy-drafted corroboration clause post-Brown; no controlling Florida appellate decision located either way.]

Hit-and-Run in Florida: The State’s Own Numbers

The Florida Department of Highway Safety and Motor Vehicles reports the following for Florida statewide, 2023 (FLHSMV):

104,273 hit-and-run crashes in Florida in 2023.
271 fatalities and 871 serious bodily injuries from those crashes.
76% of hit-and-run fatalities were pedestrians or bicyclists (159 pedestrians, 47 bicyclists).
86,987 of the 104,273 crashes involved property damage only.
Over 81% of hit-and-run fatalities occurred at dawn, dusk, or at night.

These are statewide figures for 2023, not Miami-Dade or Broward county figures. We do not publish county-level hit-and-run counts, because the numbers circulating on competitor sites conflict with one another and none traces cleanly to a primary agency source.

When You Can Recover for Pain and Suffering — the § 627.737 Threshold

Florida’s no-fault system limits non-economic damages. Under Fla. Stat. § 627.737(2), you may pursue pain, suffering, mental anguish, and inconvenience only where the injury consists in whole or in part of:

Significant and permanent loss of an important bodily function;
Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
Significant and permanent scarring or disfigurement; or
Death.

Important for hit-and-run victims specifically: the same threshold applies to the UM claim (§ 627.727(7)). A victim with soft-tissue-only injuries may be limited to PIP benefits and economic damages. We would rather tell you that at the first call than after you have built expectations around it.

The Restitution Channel Most Hit-and-Run Pages Leave Out

Leaving the scene of a crash involving injury or death is a felony in Florida under Fla. Stat. § 316.027:

Outcome of the crash	Statute	Offense
Injury (other than serious bodily injury)	§ 316.027(2)(a)	Third-degree felony
Serious bodily injury	§ 316.027(2)(b)	Second-degree felony
Death	§ 316.027(2)(c)	First-degree felony, with a mandatory minimum 4-year prison term

On conviction under § 316.027(2)(a), (b), or (c) involving injury, serious bodily injury, or death, the court must revoke the driver’s license for a minimum of 3 years (Fla. Stat. § 322.28(4)(b)).

The part victims are rarely told about: Fla. Stat. § 316.027(2)(d) provides that where a driver violates those paragraphs, “the court shall order the driver to make restitution to the victim for any damage or loss unless the court finds clear and compelling reasons not to order the restitution,” and shall make restitution a condition of probation. That is a separate recovery channel running through the criminal case, in addition to the insurance claim — and it depends on someone tracking the prosecution and asserting your interests inside it.

Florida’s companion duty statutes reinforce what the fleeing driver did wrong: § 316.062 required them to give their name, address, and registration, and to render reasonable assistance; § 316.065 required immediate notice to law enforcement; § 316.061 makes leaving a property-damage-only crash a second-degree misdemeanor.

Deadlines: Two Years, and the Clock Is Already Running

Florida’s statute of limitations for negligence is two years under Fla. Stat. § 95.11(5)(a), as amended by ch. 2023-15 (effective March 24, 2023), for causes of action accruing after that date. Wrongful death is also two years under § 95.11(5)(e). Claims that accrued before the 2023 change may be governed by the prior, longer period — a fact-specific question worth asking about rather than assuming.

[TODO: verify — confirm the verbatim applicability clause of ch. 2023-15 (causes of action accruing after 3/24/2023) before this page states that cutoff as a rule; session-law text not retrieved by research.]

Separately, your policy — not any statute — sets the deadline to notify your UM insurer. Many Florida policies require prompt notice and a police report, and late notice has been treated as creating a presumption of prejudice to the insurer that the insured must then rebut. There is no safe amount of waiting. [TODO: verify — Bankers Ins. Co. v. Macias, 475 So. 2d 1216 (Fla. 1985) arose in a PIP context; attorney to confirm it governs UM notice before this sentence publishes.]

Comparative Fault: The 50% Bar

Insurers investigating a hit-and-run often shift attention to the victim — were you in a crosswalk, were you wearing dark clothing, did you drift a lane. Under Fla. Stat. § 768.81(2), your own share of fault proportionally reduces your recovery. Under § 768.81(6), a party “found to be greater than 50 percent at fault for his or her own harm may not recover any damages.” That makes early, documented fault evidence decisive — and it is another reason not to give an unprepared recorded statement.

If a Hit-and-Run Killed Someone You Love

Florida’s Wrongful Death Act, §§ 768.16–768.26, governs. The action is brought by the decedent’s personal representative, “who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death” (§ 768.20). “Survivors” under § 768.18(1) means the decedent’s spouse, children, parents, and — where partly or wholly dependent for support or services — blood relatives and adoptive siblings. PIP also provides a $5,000 death benefit, and the § 316.027(2)(c) death tier carries the 4-year mandatory minimum plus the mandatory restitution provision.

How The Perazzo Law Firm Handles a Miami Hit-and-Run Claim

Open PIP immediately and protect the 14-day treatment window.
Read your declarations page to confirm UM limits, stacking, and household resident coverage.
Move on perishable evidence — camera canvassing, debris and paint documentation, witness statements.
Coordinate with the crash investigation so an identification later can be converted into a liability claim.
Track the criminal case for the § 316.027(2)(d) restitution channel.
Build the permanency record the § 627.737 threshold requires.
No recovery, no fee — bilingual staff (English / Español).
Direct access to attorney Jonathan Perazzo on your case.

[TODO: verify — Florida Bar advertising rules require a “no fee unless we win” statement to disclose whether the client is responsible for costs. Attorney to supply the firm’s exact cost-responsibility language, and to confirm the “available 24/7” and “zero upfront costs” claims before either is restored to this page.]

Hit-and-Run Questions Miami Victims Ask

Can I recover anything if the driver who hit me is never found?

Often, yes. Florida PIP benefits under Fla. Stat. § 627.736 are payable without regard to fault, so no identified driver is needed for the first $10,000 in medical and disability benefits. Beyond PIP, uninsured motorist coverage under § 627.727 is the mechanism designed to reach an uninsured or unidentified driver, and Florida policies generally define a hit-and-run vehicle as uninsured. What you may be entitled to depends on your policy’s limits and the nature of your injuries.

What is the 14-day rule and what happens if I miss it?

Fla. Stat. § 627.736(1)(a) conditions PIP medical benefits on the injured person receiving initial services and care within 14 days after the crash. If you wait longer than 14 days to be evaluated, your PIP medical benefits can be lost entirely, regardless of how serious the injury turns out to be. This is the deadline hit-and-run victims miss most often, because the shock of being abandoned at the scene delays everything else. Get evaluated even if you feel functional.

Does Florida require an independent witness to a phantom vehicle?

No Florida statute imposes an independent-corroboration requirement, and § 627.727 contains no such language. Under Brown v. Progressive Mutual Insurance Co., 249 So. 2d 429 (Fla. 1971), physical contact is not required, and whether the accident occurred is an ordinary question of proof. Practically, a no-contact case is harder to prove because there may be no physical evidence of the second vehicle, so witnesses, video, and prompt reporting carry more weight. That is an evidence problem, not a legal bar.

Will my insurance rates go up if I file a UM claim?

UM coverage is the coverage you already purchased for exactly this situation — a driver who is uninsured or never identified. Rate consequences depend on your carrier and your policy, and are not something any lawyer can promise you either way. What we can tell you is that declining to open the claim guarantees you recover nothing from it, and that policy notice deadlines are set by your contract, not by statute. Bring your declarations page to the consultation and we will read it with you.

Can I get money from the criminal case against the driver?

Potentially. Fla. Stat. § 316.027(2)(d) provides that a court shall order a driver convicted under the leaving-the-scene felony tiers to make restitution to the victim for any damage or loss, unless the court finds clear and compelling reasons not to, and shall make restitution a condition of probation. That is a separate channel from your insurance claim. It requires the driver to be caught and convicted, and it requires someone paying attention to the prosecution on your behalf — which many victims never have.

How long do I have to file a hit-and-run injury lawsuit in Florida?

Florida’s negligence statute of limitations is two years under Fla. Stat. § 95.11(5)(a) for causes of action accruing after March 24, 2023, when ch. 2023-15 took effect. Wrongful death is also two years under § 95.11(5)(e). Claims accruing before that date may fall under the prior, longer period. Separate and earlier deadlines come from your own policy for notifying your UM insurer, so the practical deadline is usually much sooner than two years.

Serving Hit-and-Run Victims Across Miami-Dade and Broward

The Perazzo Law Firm represents injured people throughout Miami-Dade and Broward County, including drivers, passengers, motorcyclists, bicyclists, and pedestrians struck by a driver who left the scene. Our Florida office is in North Miami Beach, and consultations are available in English and Spanish.

Talk to a Miami Hit-and-Run Lawyer Today

Every day between the crash and the phone call is a day of footage overwritten, witnesses lost, and the 14-day PIP window closing. The driver made a choice to leave. You still have choices left — but fewer of them each week.

Free case evaluation
No recovery, no fee
Bilingual staff — English / Español
Handled by attorney Jonathan Perazzo

Call 786-529-7411 or request your free case evaluation.

The Perazzo Law Firm
16666 NE 19th Ave #110
North Miami Beach, FL 33162
786-529-7411

Attorney advertising. This page is advertising material published by The Perazzo Law Firm, North Miami Beach, Florida. The information here is general legal information about Florida law, not legal advice, and does not create an attorney-client relationship. No result is promised or guaranteed; every case is different and outcomes depend on the specific facts, evidence, and insurance coverage involved. Past results do not guarantee or predict future outcomes, and results vary. Any criminal matter referenced is described in general statutory terms only; individuals accused of leaving the scene of a crash are presumed innocent unless and until proven guilty. Statutory citations are provided at the section level for reference and may change; consult an attorney about your specific situation.