Michael Damaso / 03-23-2022 / Car Accident

Who Compensates You If the At-Fault Driver Flees the Scene?

Mike Damaso Tom Dennis
Written By
Mike Damaso and Tom Dennis
Butch Wooten Orman Kimbrough
Peer Reviewed By
Butch Wooten and Orman Kimbrough
Updated: July 24, 2023

At-fault driver flees sceneDealing with the aftermath of a car accident is challenging enough. However, a hit-and-run with the at-fault driver adds layers of stress to an already traumatic situation. While there are legal implications for a driver who leaves the scene, one of the other things you might ponder is how you may be compensated for the damage that individual caused before fleeing. Despite Florida’s no-fault accident laws, negligence is a factor in determining who is responsible in the aftermath of a collision.

In this case, you need to contact an Orlando car accident attorney at Wooten, Kimbrough, Damaso & Dennis P.A. to help you deal with this situation. Our clients rely on us to get fair compensation after a car crash, even if the at-fault driver left the scene before law enforcement arrived.

 

Florida Hit-And-Run Accident Penalties

In Florida, nearly 25% of all car accidents are classified as hit-and-runs. This accident type is characterized as a driver leaving the scene of an accident before revealing their identity following a car crash. Given the extent of this issue in the Sunshine State, the penalties for fleeing the scene of an accident are significant. Suppose the collision in question resulted in a fatality. In that case, the Aaron Cohen Life Protection Act imposes mandatory minimum sentencing of two years for drivers convicted of leaving the scene of an accident. Those that flee from a fatal car accident may also contend with stiff fines and revocation of driving privileges.

Fleeing the scene of a crash in Florida where property damage has occurred is punishable by up to 60 days in jail and a $500 fine. Fleeing the scene of a Florida car accident where injuries are present is punishable by up to five years in prison and a $5,000 fine. Your driving privileges may also be revoked for up to three years.

 

Who Compensates You If the At-Fault Driver Left the Scene?

As Florida is a no-fault state, you would initially pursue your own insurance company for financial compensation after a car crash. However, if the driver that left the scene demonstrated negligence in causing the accident, Florida law allows you to pursue them for compensation. The driver’s insurance company is responsible for compensation claims stemming from an accident for which they are at fault, whether they left the scene.

If the driver is uninsured, you may pursue them personally for the claim. These are all strategies that we can talk through during a consultation. Our approach would depend on whether or not law enforcement has identified the individual in question and their legal circumstances at the time of filing a claim.

 

Learn More about Compensation from a Hit-And-Run Accident via a Consultation with a Florida Car Accident Lawyer

Hit-and-run car collisions are made that much more difficult by the other driver’s unwillingness to immediately take accountability for the crash right after it happens. However, Wooten, Kimbrough, Damaso & Dennis P.A. has dealt with such drivers and can help you recoup the compensation you need to address some of the lingering issues from the collision. While you focus on recovery, we will initiate strategies that help ensure you are not left in financial ruin after your car accident. Moreover, we will cooperate with law enforcement in their efforts to find the person responsible so that you get what you need to move on.

Reach out to a member of our team today to schedule a free consultation at (407) 843-7060 or contact us online to learn more.

Team Wooten, Kimbrough, Damaso & Dennis

Legally Written and Reviewed by a Managing Partner

Wooten, Kimbrough, Damaso & Dennis

Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. With over 100 years of combined courtroom experience, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.