When the at-fault driver flees, the case is not over. UM coverage stands in, but the first 48 hours decide whether the case is provable.
Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
Florida makes leaving the scene of a crash with injury a felony under section 316.027, Florida Statutes. For the injured plaintiff, the criminal case is the State's; the civil case proceeds against the plaintiff's own UM coverage under section 627.727. The first 48 hours determine whether the missing driver gets identified and whether UM corroboration succeeds.
Time is the enemy. The driver is hiding evidence: damage to the fleeing vehicle, an empty bottle, an expired license. Each hour that passes makes identification harder.
Knock on nearby doors. Many homes and businesses now have Ring doorbells, security cameras, or dashcams. Neighbors may have footage. Ask. Save what you find.
Check for traffic cameras and DOT cameras at nearby intersections. Some agencies retain footage on rolling 30 to 90 day windows. The lawyer's preservation letter goes out this week, not next month.
UM coverage stands in for the missing driver. But carriers often require corroboration of the hit-and-run before paying. Corroboration may include:
Without corroboration, the "phantom vehicle" claim is vulnerable to denial. Document everything that ties the crash to a vehicle that left the scene.
The State investigates the criminal violation under section 316.027. The civil case does not depend on a conviction. UM coverage runs whether or not the State ever files charges.
If the driver is identified and the State prosecutes, a conviction is admissible in the related civil case as evidence of the driver's identity and conduct. Restitution orders in the criminal case do not foreclose the civil claim, but they may be credited against any civil recovery.
The 14-day PIP medical-treatment rule under section 627.736 applies whether or not the at-fault driver was identified. See a doctor in the first 72 hours.
UM corroboration is time-sensitive. Call before evidence disappears.
Call: 904-383-7448