Hit-and-Run in Florida: Penalties, Your Claim, and What to Do First

Quick Answer In Florida, leaving the scene of a crash involving property damage is a second-degree misdemeanor. Involving injury, a third-degree felony. Serious bodily injury, second-degree felony. Death, a first-degree felony carrying a mandatory minimum of four years in prison under the Aaron Cohen Life Protection Act. Victims typically recover through PIP and UM coverage.

What does Florida law require you to do at a crash scene?

Under Fla. Stat. § 316.062, a driver involved in a crash resulting in injury, death, or damage to a vehicle or other property must:

• Stop at the scene, or as close to it as possible, and remain there
• Give their name, address, and vehicle registration number
• Exhibit their driver license or permit on request
• Provide that information to any investigating law enforcement officer
• Render reasonable assistance where it is apparent that medical treatment is required or is requested — including arranging transport to a hospital or physician

If the other person cannot receive the information, the driver must report the crash to the nearest police authority.

Leaving before completing every one of these duties is the crime. Not the crash — the leaving.

What are the actual penalties?

Two statutes divide the territory: § 316.061 covers property damage; § 316.027 covers injury and death.

"Serious bodily injury" is defined in § 316.027(1)(a) as a physical condition creating a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

The Aaron Cohen Life Protection Act

Effective July 1, 2014, this law is named for Aaron Cohen, a 31-year-old cyclist and father of two who was struck and killed in South Florida in February 2012 by an impaired driver who fled the scene. That driver received a two-year sentence — less than he would have served on a DUI manslaughter conviction.

The statute closed that incentive gap. It imposes a four-year mandatory minimum prison term for leaving the scene of a crash resulting in death.

Two structural details matter:

• Under § 316.027(2)(g), a court may depart from the mandatory minimum only on a finding that a factor or circumstance clearly demonstrates that imposing it would result in an injustice. This departure is unavailable if the driver was under the influence of alcohol or drugs at the time.
• Under § 316.027(2)(f), penalties are enhanced when the victim is a vulnerable road user — pedestrians, persons working on highways, and those riding a bicycle, motorcycle, scooter, moped, or horse.

License consequences

Beyond prison and fines, a conviction under § 316.027 carries a driver license revocation of at least three years. A hardship license generally requires completion of a 12-hour Advanced Driver Improvement course.

Is it a crime if you didn't know you hit someone?

Leaving the scene is a specific intent crime. Mere negligence is not enough.

The State must prove that the driver knew or should have known they were involved in a crash and knew or should have known of the injury, death, or property damage — and that the driver willfully failed to stop and comply.

That "should have known" language is doing significant work. In practice, prosecutors reach it through physical evidence: the severity of the impact, damage to the vehicle, and the driver's conduct afterward.

As a victim, how do you actually get paid?

This is where most hit-and-run articles stop being useful, because the fleeing driver often is never identified — and even when identified, is frequently uninsured or judgment-proof.

Your recovery path, in order:

1. PIP — first, regardless of fault

Your own Personal Injury Protection under § 627.736 pays 80% of reasonable and necessary medical expenses and 60% of lost wages, up to the $10,000 aggregate limit, plus a $5,000 death benefit. The driver's identity is irrelevant to PIP.

The 14-day rule applies with full force. Seek initial medical care within 14 days or your PIP medical benefits can be denied entirely. Without an emergency medical condition determination, benefits cap at $2,500.

2. Uninsured Motorist (UM) coverage — the real answer

Under § 627.727, a fleeing or unidentified driver is generally handled as an uninsured motorist claim. UM coverage is the mechanism through which most hit-and-run victims recover anything beyond PIP.

Two things determine whether this works:

• Do you have UM coverage? Florida allows written rejection on an approved form. Check your declarations page.
• Did you report promptly? Carriers impose prompt-notice and corroboration requirements on phantom-vehicle claims. Delayed police reporting is the number one reason these claims are denied.

3. Collision coverage — for the vehicle

Property damage from an unidentified driver is typically a collision claim, subject to your deductible. It is not a PDL claim, because there is no identified at-fault party to pay it.

4. The driver, if found

If law enforcement identifies the driver and that driver has bodily injury liability coverage or reachable assets, a liability claim follows. Note that Florida does not require drivers to carry bodily injury liability coverage at all — so "identified" does not mean "collectible."

What should you do in the first hour?

1. Call 911 immediately. Report it as a hit-and-run. This is the record everything else depends on.
2. Write down everything you saw before it fades: color, make, body style, partial plate, direction of travel, any damage, the driver's appearance.
3. Photograph your vehicle and the scene including debris — paint transfer and broken parts can identify a vehicle.
4. Find witnesses. Names, phone numbers, and emails.
5. Look for cameras. Traffic cameras, business exterior cameras, doorbell cameras, and other drivers' dashcams. Ask within days — most systems overwrite quickly.
6. Get medical evaluation. Inside 14 days, and preferably today.
7. Notify your own insurer and ask specifically about UM and collision coverage.
8. Do not chase the fleeing vehicle. Pursuit crashes are common and change the legal picture in ways that never favor you.

What if you're the one who left?

This section exists because it is the honest thing to include.

If you left a scene — including one you did not realize involved contact — the situation is time-sensitive and criminal, not civil. A few facts:

• Returning to the scene or contacting law enforcement promptly is materially different from being located later
• The offense turns on willfulness and knowledge, both of which are contestable
• The mandatory minimum in death cases is departable in narrow circumstances, but not where impairment is proven

Speak to a Florida criminal defense attorney before speaking to law enforcement. This is not a situation to navigate from a search engine, and nothing on this page is advice for it.

Frequently asked questions

Is hit-and-run a felony in Florida? It depends on the harm. Property damage only is a second-degree misdemeanor. Any injury makes it a felony — third-degree for non-serious injury, second-degree for serious bodily injury, first-degree for death.

What is the mandatory minimum for a fatal hit-and-run in Florida? Four years in prison under § 316.027(2)(c), the Aaron Cohen Life Protection Act. A court may depart from it only on a finding of injustice, and never where the driver was impaired.

Will my insurance cover a hit-and-run? PIP covers your medical bills regardless of fault. UM coverage generally covers bodily injury from an unidentified driver. Collision coverage generally covers your vehicle. Whether you have UM depends on whether you rejected it in writing.

Does the two-year deadline apply to hit-and-run claims? The two-year negligence statute of limitations under § 95.11 applies to claims accruing after March 24, 2023. Insurance policy notice requirements are typically far shorter — often "as soon as practicable."

What if I hit a parked car and left a note? Section 316.061 requires locating the owner and providing your information; if the owner cannot be readily located, you must report the crash to the nearest law enforcement agency. A note alone may not satisfy the statute.

Sources

• Fla. Stat. § 316.027 — Crashes involving death or personal injuries (Aaron Cohen Life Protection Act, eff. July 1, 2014)
• Fla. Stat. § 316.061 — Crashes involving damage to vehicle or property
• Fla. Stat. § 316.062 — Duty to give information and render aid
• Fla. Stat. § 322.0261 / § 322.28 — License revocation
• Fla. Stat. § 627.727 — Uninsured motorist coverage
• Fla. Stat. § 627.736 — Personal Injury Protection
• Fla. Stat. § 95.11 — Limitations of actions
• Florida Department of Highway Safety and Motor Vehicles, Hit-and-Run Awareness

Build the record before it disappears — free

Hit-and-run claims are won or lost on what was captured in the first hour. NowAccident's free Accident Report tool structures your description of the fleeing vehicle, witness contacts, scene photos, and camera locations into one organized record.

Start your free record →

Disclaimer

This article is general legal information, not legal advice, and is not criminal defense advice. It does not create an attorney-client relationship. Penalties described are statutory maximums and minimums; actual sentencing depends on Florida's sentencing guidelines and case-specific facts. Statutes cited were verified as of July 9, 2026. Consult a licensed Florida attorney.

Author: Ph.D. in Information Systems Engineering; certified technology transfer agent. Content reviewed for accuracy against primary Florida statutory sources.