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If you’ve been injured in a hit-and-run accident in Florida, you are not alone. According to the AAA Foundation for Traffic Safety, Florida has one of the highest rates of hit-and-run accidents in the country.

Dealing with a hit-and-run accident presents some unique challenges. But, depending on the circumstances of your accident, the fact that the other driver fled the scene may actually have a fairly minimal impact on your financial recovery. This is due in large part to the combination of Florida’s “no-fault” insurance law, the fact that Florida also has one of the highest rates of uninsured drivers in the nation, and the fact that many drivers flee the scene because they are uninsured.

So, if you were injured in a hit-and-run accident in Florida, you may be wondering about what information you need to know to ensure you are appropriately compensated for your accident. Below are six key facts about your insurance coverage from Fort Myers accident attorney Randall L. Spivey.

1. You Can File a Personal Injury Protection (PIP) Claim After a Hit-and-Run Accident

Generally, when you get injured in a hit-and-run accident in Florida, your first option is to file a claim under your own personal injury protection (PIP) policy. If you have auto insurance, you have PIP— this is mandatory coverage under Florida law.

Personal injury protection insurance has two key aspects. First, PIP is “no-fault” coverage. This means that your insurance company is supposed to pay regardless of who was at fault and regardless of whether you can prove the hit-and-run driver is to blame for your injuries.

Second, PIP covers medical bills and lost earnings up to your policy limit (minus your deductible). Most people have $10,000 in PIP coverage, which is the minimum amount required under Florida law. But, you will want to review your policy (or have an attorney review your policy) to make sure you know how much coverage you have available. A Fort Myers accident attorney can also assist with submitting the necessary documentation to your insurance company (without providing too much information) so that you can secure maximum PIP coverage.

2. You May Also Be Able to File an Uninsured/Underinsured Motorist (UIM) Claim

Since Florida does not require drivers to carry liability insurance (which is the insurance that covers other people’s injuries when a driver causes an accident), we strongly recommend that local residents carry uninsured/underinsured motorist (UIM) coverage if they can afford it. If you have UIM coverage, you can file a fault-based claim after an accident, even if the at-fault driver fled the crash scene.

For many hit-and-run accident victims in Florida, filing a UIM claim will serve as their primary source of financial recovery. However, filing a successful UIM claim after a hit-and-run accident can be challenging. You must be able to prove that the other driver was at fault, and this means that you will need evidence from the scene of the collision. To ensure that you can present as much evidence in your UIM claim as possible, you should hire a skilled attorney to conduct an investigation right away.  

3. You May Be Able to “Stack” Multiple UIM Policies

If you suffered significant injuries in your hit-and-run accident, even your UIM coverage could be insufficient to cover your injury-related losses fully. If this is the case, you will want to speak with an attorney to find out if you can “stack” multiple UIM policies.

In Florida, auto insurance companies are required to offer policyholders the option to stack their UIM coverage. With stacking, if you have access to multiple UIM policies (i.e., you have more than one vehicle insured with UIM coverage), you can combine your policy limits for a single claim. So, for example, if you have two vehicles with $100,000 in UIM coverage each, stacking these policies would allow you to seek up to $200,000 in UIM coverage for your hit-and-run accident.

4. If Your Fort Myers Accident Attorney Can Identify the Hit-and-Run Driver, You May Be Able to Seek Coverage Under His or Her Policy

Many people who are injured in hit-and-run accidents have questions about holding the at-fault driver accountable. In some cases, it will be possible to identify a hit-and-run driver by conducting a comprehensive investigation. If your attorney can identify the hit-and-run driver and the driver has insurance coverage, then you can—and should—file a claim under the driver’s policy.

The problem is that many hit-and-run drivers are uninsured. In fact, many drivers choose to flee the scene of an accident because they don’t have auto insurance. So, it is possible that even if your attorney is able to identify the hit-and-run driver, it won’t be of great help when it comes to recovering your losses.

5. Securing Full Coverage Requires Proof of Fault and Damages

Regardless of whose insurance coverage applies, securing full coverage for your injury-related losses will require proof of fault and damages. In other words, you must be able to prove both: (i) that the hit-and-run driver caused the accident and (ii) how much you are entitled to recover.

Both of these are complex, multi-step processes, and as a result, both require the advice and representation of an experienced Fort Myers accident attorney. As a result, if you need to seek coverage for a hit-and-run accident, it is strongly in your best interests to speak with an attorney as soon as possible.

6. Seeking Auto Insurance Coverage Might Not Be Your Only Option

The final fact to keep in mind is that seeking auto insurance coverage might not be your only option. For example, if the hit-and-run driver was working at the time of the crash, his or her employer could be liable for your injuries. Or, if a vehicle defect contributed to the accident or your accident-related injuries (i.e., you got hurt by your airbag), you could have a claim against the manufacturer. There are other possibilities as well, and an experienced attorney will be able to assess all options you have available thoroughly.

Request a Free Consultation with a Fort Myers Accident Attorney Today

If you need to know more about protecting your legal rights after a hit-and-run accident, we encourage you to get in touch. To schedule an appointment with Fort Myers accident attorney Randall L. Spivey, please call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 (toll-free 888-477-4839) or contact us online today.