Quick Answer

Leaving the scene of an accident in Florida is a crime. Penalties range from a second-degree misdemeanor (property damage only) to a first-degree felony (if someone dies) carrying up to 30 years in prison under Florida Statute §316.027. If you're the victim, call 911 immediately, document what you remember about the vehicle, and file a claim under your own Uninsured Motorist coverage.

Whether you're the victim of a hit and run or you left the scene of an accident and are now worried about the consequences, this guide covers everything you need to know about hit and run laws in Florida — the penalties, your rights, and what steps to take.

Florida Hit and Run Law: What Counts as "Leaving the Scene"

Under Florida Statute 316.061 and 316.062, any driver involved in a crash is required to:

  • Stop immediately at the scene (or as close as safely possible)
  • Provide their information — name, address, vehicle registration, driver's license, and insurance information
  • Render reasonable assistance to anyone injured — including calling 911 or transporting them to a hospital if needed
  • Report the crash to police if there are injuries, death, or property damage over $500

Failing to do any of these constitutes a hit and run (officially called "leaving the scene of an accident" in Florida law). This applies whether you hit another car, a pedestrian, a cyclist, or even a parked vehicle or fixed object.

Penalties for Hit and Run in Florida

Florida treats hit and run seriously, and the penalties scale based on the severity of the accident:

Property Damage Only (No Injuries)

  • Second-degree misdemeanor
  • Up to 60 days in jail
  • Up to $500 fine
  • Points on your license

Accident Involving Injuries

  • Third-degree felony
  • Up to 5 years in prison
  • Up to $5,000 fine
  • License revocation for at least 3 years

Accident Involving Death

  • First-degree felony
  • Up to 30 years in prison
  • Minimum mandatory 4-year prison sentence (as of Aaron Cohen's Law, 2014)
  • Up to $10,000 fine
  • Permanent license revocation

It's worth noting: in cases involving death, the hit and run charge often carries a more severe penalty than the accident itself would have. A driver who stays at the scene of a fatal accident and cooperates may face no criminal charges at all if it was truly an accident. A driver who leaves can face decades in prison.

If You're the Victim of a Hit and Run

Being hit by a driver who flees is frightening and infuriating. Here's what to do:

At the Scene

  1. Try to get any information you can about the fleeing vehicle — make, model, color, license plate (even a partial plate helps), direction they went
  2. Call 911 immediately — hit and run is a crime, and the sooner police are looking for the driver, the better the chances of finding them
  3. Look for witnesses — other drivers, pedestrians, nearby businesses. Get their contact information
  4. Check for cameras — traffic cameras, security cameras on nearby buildings, dashcam footage from other vehicles
  5. Document your own vehicle damage and any injuries with photos
  6. Do NOT chase the other driver — it's dangerous and not worth the risk

After the Scene

  • See a doctor within 14 days — the PIP 14-day rule still applies
  • File a claim with your own insurance — your PIP covers your medical bills regardless. If you have Uninsured Motorist (UM) coverage, it covers injuries caused by the hit-and-run driver
  • File a police report if you haven't already
  • Contact a lawyer if you have significant injuries — especially if the driver is eventually found

Insurance Coverage for Hit and Run Victims

  • PIP — covers your medical bills and lost wages up to $10,000 (required in Florida)
  • Uninsured Motorist (UM) coverage — this is the big one. UM coverage treats a hit-and-run driver as an uninsured driver, covering your injuries beyond PIP. If you have UM coverage, it's incredibly valuable in this situation
  • Collision coverage — covers your vehicle damage (minus deductible)

If you don't have UM coverage and the hit-and-run driver is never found, your options for injury compensation beyond PIP are very limited. This is one of the strongest arguments for adding UM coverage to your policy.

If You Left the Scene of an Accident

People leave accident scenes for many reasons — panic, fear, confusion, not realizing they hit something. Whatever the reason, here's what you should know:

Go Back or Turn Yourself In

If it just happened, go back to the scene. Returning quickly demonstrates good faith and may reduce the severity of consequences. If significant time has passed, contact a criminal defense attorney before turning yourself in. An attorney can help you navigate the process and protect your rights.

The Investigation

Florida law enforcement takes hit and run seriously. They use:

  • Surveillance camera footage
  • Witness descriptions
  • Paint transfer analysis
  • License plate readers
  • Social media and tip lines

Modern technology makes it increasingly difficult to get away with leaving the scene. Many hit-and-run drivers are identified within days or weeks.

Hit and Run in a Parking Lot

Yes, parking lot hit and runs count. If you hit a parked car and the owner isn't around, Florida law requires you to:

  • Leave a note with your name, address, and contact information in a visible spot on the vehicle
  • Report the accident to police

Just leaving a note without reporting it to police doesn't fully satisfy the legal requirement if the damage exceeds $500.

Statute of Limitations

  • Misdemeanor hit and run (property damage only): charges must be filed within 1 year
  • Felony hit and run (injuries): charges must be filed within 3 years
  • Felony hit and run (death): charges must be filed within 4 years

The Bottom Line

If you're a victim: Call 911, document everything, use your UM coverage if you have it, and don't lose hope — many hit-and-run drivers are caught.

If you left the scene: The consequences of leaving are almost always worse than the consequences of staying. Talk to a criminal defense attorney as soon as possible.

For everyone: Add Uninsured Motorist coverage to your policy if you don't have it. It's your best protection against hit-and-run drivers and Florida's large uninsured driver population.

Frequently Asked Questions

What should I do if I witness a hit and run in Florida?

Try to note the fleeing vehicle's license plate, make, model, and color. Pull over safely and call 911. Don't chase the driver — that puts you and others at risk. Your witness statement and any dashcam footage can be critical in helping police track down the driver.

Will my insurance rates go up if I file a hit-and-run claim?

Generally, no. Since you're the victim and not at fault, filing a claim under your Uninsured Motorist coverage shouldn't raise your rates. Florida law actually prohibits insurers from surcharging you for claims where you weren't at fault. That said, review your specific policy terms or ask your agent to be sure.

How long do police investigate hit-and-run cases in Florida?

There's no set timeline. Active investigation depends on the severity — a fatal hit and run will get significantly more resources than a parking lot fender bender. Cases with good evidence (plate numbers, surveillance footage, witness descriptions) often get resolved within days to weeks. Others can go cold. Filing a report immediately and providing as much detail as possible gives police the best chance.

Can I sue a hit-and-run driver if they're caught?

Yes. If the driver is identified, you can file a civil lawsuit against them for damages — medical bills, lost wages, pain and suffering, property damage. This is separate from any criminal charges they face. The criminal case is the state vs. the driver; your civil case is you vs. the driver.

What if someone hit my parked car and left?

File a police report and contact your insurance company. If you have collision coverage, it will typically cover the damage minus your deductible. If you can identify the other driver (check nearby surveillance cameras, ask businesses), their liability insurance should cover your repairs. Many parking lot hit-and-runs go unsolved, which is why collision coverage is valuable.

This article is for educational purposes only and is not legal advice. If you're facing criminal charges for a hit and run, consult with a qualified criminal defense attorney immediately.