A hit-and-run crash is one of the most stressful events a Florida driver can face. The other car is gone, the police report is thin, and your insurance company is already asking questions. The good news in 2026: Florida law treats leaving the scene as a serious crime under Florida Statute § 316.027, and even when the at-fault driver is never identified, an injured victim can usually still recover medical bills, lost wages, and pain-and-suffering damages through their own auto policy. This Miami-focused guide explains exactly how Florida's hit-and-run laws work in 2026, the criminal penalties drivers face, the statute of limitations that controls your civil claim, and the step-by-step actions South Florida victims should take to protect their rights.

Quick Answer: Florida Hit and Run Laws in 2026

Leaving the scene of a crash with property damage only is a second-degree misdemeanor (Fla. Stat. § 316.061).
Leaving the scene of a crash involving injury is a third-degree felony — up to 5 years in prison and a $5,000 fine (§ 316.027(2)(a)).
Leaving the scene of a crash involving serious bodily injury is a second-degree felony — up to 15 years in prison (§ 316.027(2)(b)).
Leaving the scene of a crash involving death is a first-degree felony with a mandatory minimum 4-year prison sentence and up to 30 years (§ 316.027(2)(c)).
Driver's license revocation is mandatory for at least 3 years on any injury or fatality hit-and-run conviction.
Civil statute of limitations: 2 years from the crash date to sue the at-fault driver for personal injury (Fla. Stat. § 95.11(4)(a), as amended by HB 837 effective March 24, 2023).
Uninsured-motorist (UM) claims: governed by your policy and Florida's 5-year written-contract statute under § 95.11(2)(b), but you must still meet the underlying tort threshold within the 2-year window.

What Counts as a 'Hit and Run' Under Florida Law?

Florida Statute § 316.027 and the companion property-damage statute § 316.061 require every driver involved in a crash to do three things at the scene: (1) stop immediately at the scene or as close to it as safely possible, (2) remain at the scene until they have given their name, address, vehicle registration, and driver's license to the other driver and any investigating officer, and (3) render reasonable aid to any injured person, including calling 911 and, when necessary, transporting the injured person to a hospital. Failing any one of these three duties — even briefly leaving to 'go get help' without first identifying yourself — can support a leaving-the-scene charge. The statute applies to crashes with another vehicle, with a pedestrian or bicyclist, and with unattended property such as a parked car, a fence, or a utility pole (in the unattended-property scenario, § 316.063 requires the driver to leave a written notice with their contact information in a conspicuous place on the damaged property).

Criminal Penalties for Leaving the Scene in Florida (2026)

Property Damage Only

Leaving the scene of a crash that caused only damage to another vehicle or to attended property is a second-degree misdemeanor under § 316.061(1), punishable by up to 60 days in jail and a $500 fine. The Department of Highway Safety and Motor Vehicles (FLHSMV) will also assess 6 points against the driver's license.

Injury

Under § 316.027(2)(a), leaving the scene of a crash involving any bodily injury — even a minor one — is a third-degree felony. The maximum sentence is 5 years in state prison, 5 years of probation, and a $5,000 fine. A conviction triggers a mandatory minimum 3-year driver's license revocation under § 322.28(4).

Serious Bodily Injury

Under § 316.027(2)(b), if the crash caused 'serious bodily injury' as defined in § 316.1933(1)(b) — an injury that creates a substantial risk of death, serious disfigurement, or long-term loss of function of any organ or body part — leaving the scene is a second-degree felony. The maximum sentence is 15 years in prison and a $10,000 fine, with a mandatory 3-year license revocation.

Death

Under § 316.027(2)(c), leaving the scene of a crash that results in a death is a first-degree felony. Florida law imposes a mandatory minimum 4-year prison sentence, with a statutory maximum of 30 years. The court must also impose a mandatory minimum 3-year driver's license revocation. If the fleeing driver was under the influence of alcohol or drugs, § 316.027(2)(c) imposes an additional mandatory minimum 4-year sentence on top of any DUI manslaughter sentence.

Criminal Statute of Limitations for a Florida Hit and Run

Florida's general criminal statute of limitations is set out in § 775.15. A misdemeanor hit-and-run (property damage only) must be charged within 2 years. A third-degree felony hit-and-run (injury) must be charged within 3 years. A second-degree felony (serious bodily injury) must be charged within 3 years, and a first-degree felony (death) generally has no statute of limitations because § 775.15(15) permits prosecution at any time when the offense resulted in a death. These deadlines run from the date of the crash, not from the date the driver is identified — but the limitations clock can be tolled while the suspect is continuously absent from Florida.

The Civil Statute of Limitations: You Have 2 Years

Separate from the criminal case, an injured victim has the right to sue the at-fault driver for personal injury damages. Under § 95.11(4)(a), as amended by HB 837 and signed into law on March 24, 2023, Florida personal-injury lawsuits arising from car accidents that occur on or after that date must be filed within 2 years of the crash. The same 2-year deadline applies to wrongful-death actions under § 95.11(4)(d). Crashes that occurred before March 24, 2023 still get the prior 4-year window, but every month that pre-HB 837 group shrinks. Missing the 2-year deadline by even one day is almost always fatal to the case.

What If the Hit-and-Run Driver Is Never Identified?

This is the question we hear most often from Miami and Coral Gables clients. The honest answer in 2026: even when the police never locate the fleeing driver, an injured victim usually still has three real sources of recovery under their own auto policy.

1. Personal Injury Protection (PIP)

Florida is a no-fault state. Under § 627.736, every Florida auto policy must include at least $10,000 in PIP medical and disability benefits. PIP pays 80% of reasonable and necessary medical expenses and 60% of lost wages up to the policy limit, regardless of who caused the crash. PIP applies whether the at-fault driver is identified or not — but you must receive initial medical treatment within 14 days of the crash to preserve PIP benefits, and only an MD, DO, dentist, supervised physician's assistant, or ARNP can issue the 'emergency medical condition' (EMC) determination that unlocks the full $10,000 limit. Without an EMC finding, PIP medical benefits are capped at $2,500.

2. Uninsured Motorist (UM) Coverage

Uninsured-motorist coverage is the single most important coverage a Florida driver can carry, and it is specifically designed for hit-and-run crashes. Under § 627.727(1), Florida insurers must offer UM coverage in writing, and a hit-and-run driver is treated as an 'uninsured' motorist for purposes of the policy. UM coverage pays the bodily-injury damages — including pain and suffering — that the unidentified driver would have owed you, up to your UM policy limit. Most Florida UM policies require 'physical contact' between the unidentified vehicle and your vehicle, or independent corroborating evidence (a witness, video, debris) that an actual phantom vehicle caused the crash. Reporting the hit-and-run to the police within 24 hours is almost always required by the policy and is critical to preserving UM benefits.

3. Collision Coverage for Vehicle Damage

Collision coverage on your own auto policy pays to repair or replace your vehicle after a hit-and-run, subject to your deductible. Florida does not require collision coverage, so check your declarations page. If you financed or leased the vehicle, the lender almost certainly required it.

Suing the At-Fault Driver After They Are Identified

When law enforcement does identify the hit-and-run driver — often through traffic-camera footage, ring-doorbell recordings, paint transfer analysis, or shop tips when the damaged vehicle is brought in for repair — the injured victim can file a third-party bodily-injury claim against the driver's liability insurance and, if needed, file a personal-injury lawsuit before the 2-year statute of limitations runs. Florida's modified comparative fault rule under § 768.81, as amended by HB 837, bars recovery entirely if the injured person is found more than 50% at fault for the crash. In a hit-and-run, comparative-fault arguments are rare but not impossible — defense lawyers will sometimes argue the victim contributed to the crash before the other driver fled.

What to Do in the First 48 Hours After a Florida Hit and Run

Call 911 from the scene. A law-enforcement-investigated crash report is required for almost every UM claim. If no officer responds, you must self-report the crash to FLHSMV within 10 days under § 316.066.
Photograph everything before any vehicle is moved: your damage, debris in the roadway, skid marks, traffic signals, nearby businesses with security cameras, and any partial plate, color, make, or direction-of-travel information you saw.
Ask witnesses for their names and phone numbers on the spot — witnesses scatter quickly and are the single strongest evidence in a phantom-vehicle UM claim.
Seek medical attention within the 14-day PIP window even if you feel 'mostly fine.' Whiplash, concussion symptoms, and lumbar disc injuries frequently do not become disabling until 24 to 72 hours after the crash.
Notify your own auto insurer in writing within 24 hours and open the PIP, UM, and collision files.
Do not give a recorded statement, sign a medical authorization, or accept a quick property-damage settlement before speaking with a Florida personal-injury lawyer.
Preserve your damaged vehicle and clothing — paint transfer, fabric fibers, and even a broken side-mirror fragment can identify the fleeing vehicle.

Miami-Specific Considerations

Miami-Dade County has one of the highest hit-and-run rates in the United States. FLHSMV's most recent published data shows tens of thousands of leaving-the-scene crashes statewide every year, with Miami-Dade consistently in the top three counties. Miami's dense network of traffic cameras (operated by the City of Miami, Miami-Dade County, FDOT on I-95 and the Palmetto, and the Miami Parking Authority), combined with widespread doorbell cameras and rideshare dash-cams, means that fleeing drivers are identified far more often than victims expect — but the relevant footage is typically overwritten within 7 to 30 days. Sending preservation letters to the right agencies within the first week is often the difference between an unidentified-driver UM claim and a fully insured liability claim.

Frequently Asked Questions About Florida Hit and Run Laws

Is hit and run a felony in Florida?

It depends on the harm caused. A property-damage-only hit-and-run is a second-degree misdemeanor. Any crash involving injury, serious bodily injury, or death is a felony under § 316.027, ranging from a third-degree felony (up to 5 years) to a first-degree felony with a mandatory minimum 4-year prison sentence when a death occurs.

How long does a Florida hit and run stay on your record?

A misdemeanor or felony conviction for leaving the scene of an accident is a permanent part of the criminal record and, in most cases, cannot be sealed or expunged under § 943.0585. The associated driving record points and license revocation are administered separately by FLHSMV.

Will my insurance go up after a hit and run if I was the victim?

Florida law (§ 626.9541(1)(o)3.) prohibits insurers from raising your premium solely because you were the not-at-fault victim of a crash, including a hit-and-run. Insurers may still re-rate based on overall claim history at renewal.

How long do I have to file a hit-and-run insurance claim in Florida?

Your written auto policy typically requires 'prompt' notice — usually within 24 hours for a UM claim and within days for PIP and collision. The outside legal deadline to sue your insurer for unpaid contract benefits is 5 years under § 95.11(2)(b), but waiting that long almost always destroys the practical value of the claim.

Can I still recover money if the hit-and-run driver is never caught?

Yes. PIP, UM, and collision coverage on your own auto policy are designed for exactly this scenario. UM coverage in particular can pay full pain-and-suffering damages up to your policy limit, even when the fleeing driver is never identified — provided you reported the crash to police promptly and meet your policy's contact or independent-corroboration requirement.

How The Farber Law Firm Can Help

The Farber Law Firm has represented injured South Florida drivers since 1995. We handle hit-and-run cases on a contingency-fee basis — there is no fee unless we recover compensation for you, consistent with Rule 4-1.5(f) of the Rules Regulating The Florida Bar. We investigate the crash scene, send preservation letters to traffic-camera operators and nearby businesses, coordinate with law enforcement to identify the fleeing driver, and pursue every available source of recovery under your own policy and the at-fault driver's policy once identified. If you or a loved one were injured in a Miami, Coral Gables, or South Florida hit-and-run, contact us for a free, confidential case review.

Florida Hit and Run Laws (2026): Penalties, Victim Rights & How to Recover Compensation