About 25 percent of the car accidents in Florida involve hit-and-run drivers, which can make settling or litigating your case more difficult because the police must locate the fleeing motorist. Although most of these accidents involve property damage the elusive driver does not want to pay for, the law requires the driver to stop and help you if you sustain injuries.
Drivers also flee because they lack vehicle insurance, or because they have had a drink or two and want to protect themselves. Lucas, Macyszyn & Dyer, Injury Lawyers has experience with hit-and-run car accidents in Wesley Chapel, and our attorneys could help you protect your rights.
Under Florida Statute § 316.062, drivers involved in car accidents that cause injury must stop and provide aid and certain information. Failing to stop can result in criminal charges. The injured party can file a civil lawsuit for negligence, typically with an attorney’s help, including negligence per se if police locate and ticket the offending driver for a hit-and-run. The ticket satisfies your attorney’s obligation to prove the duty and breach elements of negligence, leaving only the elements of cause and the injuries you incur because of the accident.
There are some actions you can take immediately after your car accident to help locate a hit-and-run driver. After calling 911 or asking a witness to do so, to ensure you receive medical care and a police report, you should:
Gathering this evidence helps the police investigate the crime and decide whether to file criminal charges. It will also help them locate the offending driver, and you will need a detailed police report to file an insurance claim. After an at-fault driver flees the scene of a car wreck in Wesley Chapel, you could benefit from contacting our firm for a complimentary case assessment.
Florida is one of 12 no-fault states for vehicle insurance coverage. State law requires you to purchase personal injury protection (PIP) insurance and use it to cover some of your losses, regardless of who causes a car wreck.
PIP insurance covers 80 percent of your damages incurred in the wreck, up to $10,000, according to Fla. Stat. § 627.736. This coverage typically applies to medical care for you or your passengers. Your auto insurer must deem your treatment medically necessary or they will deny your claim. PIP insurance also covers 60 percent of the wages you lose while recuperating, up to $10,000. If you sustained serious injuries, this may not be sufficient. For the best results after a collision involving a failure to stop, contact our Wesley Chapel team to learn how we can help you.
You will likely be in pain after a car accident, and you may also feel anger and helplessness if the at-fault driver flees the scene. Our attorneys understand what you are experiencing. We are here to restore your confidence in the legal system and help you fight for the best possible outcome. If the police do not find the driver, we could help guide you through submitting an insurance claim under your uninsured motorist coverage, along with your PIP claim.
If police locate the driver, we could litigate your claim for any amount of damage that exceeds your PIP allowance. When holding drivers accountable for hit-and-run car accidents in Wesley Chapel, we gather evidence and pursue all legal avenues to find the driver. Call now for a free case evaluation.
(727) 849-5353