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How to File a Car Accident Claim After a Hit-and-Run in Miramar Beach, FL

A collision occurs on a busy Miramar Beach thoroughfare, but instead of exchanging information, the at-fault driver speeds away. This criminal act, a hit-and-run, leaves victims with vehicle damage, injuries, and a pressing question: How do you file a car accident claim when the responsible driver is unknown?

In a popular destination like Miramar Beach, where heavy traffic often includes out-of-state visitors, these incidents present unique challenges for those involved. It’s important to remember that the Florida legal system has provisions in place for situations like this, and resources are available to help you move forward.

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The Unique Challenges of a Miramar Beach Hit-And-Run

Miramar Beach is a wonderful community, but its popularity brings specific challenges to our roads. The constant flow of tourists, many driving unfamiliar rental cars, adds to the congestion on major roads like the Emerald Coast Parkway (Highway 98). When a driver who is not from the area causes a collision, they may panic and flee, thinking they can disappear back home without facing consequences. This is a serious crime, but it complicates the process for the person left behind.

Identifying a driver can be more difficult when they are from out of state or driving a vehicle that is not their own. The sheer volume of traffic, especially during peak season around attractions like the Silver Sands Premium Outlets, means a fleeing car can quickly blend into the crowd.

While law enforcement does its best, these factors can create hurdles in your pursuit of justice. The good news is that your ability to recover financially does not always depend on the police finding the person who hit you.

Your First Steps at Home After a Hit-And-Run Accident

After the initial on-scene emergency response is over and you are safely back home, the weight of what happened can truly set in. This is the time to be patient with yourself and focus on a few key actions that can protect your health and your potential claim. Your priority should be your well-being, followed by documenting everything you can remember.

While your memory is fresh, it is helpful to organize the information you have. The details you recall, no matter how small, could become important later.

  • Write Down Everything: Create a detailed written account of the accident. Include the time of day, weather conditions, the direction you were traveling, and a description of how the collision occurred. Most importantly, write down every detail you can remember about the other vehicle (color, make, model, any part of the license plate, bumper stickers, or visible damage) and the driver.
  • See a Doctor: Even if you feel fine, it is critical to get a medical evaluation. Some serious injuries, like whiplash or internal bruising, may not show symptoms for hours or even days. Seeking prompt medical care creates an official record of any injuries sustained in the crash.
  • Notify Your Insurer: You should report the hit-and-run to your own auto insurance company as soon as you are able. Simply state the facts of what happened without speculating on fault or the extent of your injuries. This initiates the claims process under your own policy.

Taking these steps provides a strong foundation for whatever comes next, giving you a sense of control during a time that feels anything but.

Understanding Florida’s Hit-And-Run Laws

Understanding Florida’s Hit-And-Run Laws

In Florida, leaving the scene of an accident is not just irresponsible; it is a crime. The state has strict laws in place to penalize drivers who fail to stop and render aid or provide information. A statute is a formal written law passed by a legislative body like the Florida Legislature. According to Florida Statute 316.027, a driver who leaves the scene of a crash involving injury commits a felony.

The penalties can range from a second-degree misdemeanor for property damage to a first-degree felony if a fatality is involved, potentially carrying a sentence of up to 30 years in prison. These severe consequences are meant to deter drivers from fleeing. Unfortunately, some drivers still make the reckless decision to run, often because they are driving without a license, are under the influence, or have other legal issues they wish to hide.

How to File a Car Accident Claim: Uncovering Your Options

When the at-fault driver is unknown, where does the money for your medical bills and vehicle repairs come from? This is the most pressing question for most hit-and-run victims. The answer typically lies within your own auto insurance policy. Florida law requires drivers to carry certain types of coverage, and other optional coverages are designed specifically for situations like this.

The Role of Uninsured/Underinsured Motorist (UM/UIM) Coverage

This is perhaps the most important coverage you can have in a hit-and-run situation. In the eyes of your insurance company, a driver who cannot be identified is treated the same as a driver who has no insurance at all. Uninsured/Underinsured Motorist (UM/UIM) coverage is an optional part of your auto insurance policy that steps in to protect you when you are hit by an uninsured driver or, in this case, a phantom driver who fled the scene.

UM coverage can be used to pay for a wide range of damages that the at-fault driver’s insurance would have normally covered, including medical expenses beyond your initial benefits, lost wages from being unable to work, and compensation for pain and suffering. While this coverage is not mandatory in Florida, it is an invaluable protection for you and your family. If you have it, it will be your primary source of recovery.

Using Your Personal Injury Protection (PIP) Benefits

Florida is a “no-fault” state, which means that regardless of who caused an accident, your own insurance is the first line of defense for medical bills. Personal Injury Protection (PIP) is a required coverage for all Florida drivers that provides benefits for your injuries. As outlined in Florida Statute 627.736, PIP covers:

  1. Eighty percent of your necessary and reasonable medical bills.
  2. Sixty percent of your lost wages if your injuries prevent you from working.
  3. Up to a total limit of $10,000.

To use your PIP benefits, you must seek initial medical treatment within 14 days of the accident. This is a strict deadline, which is another reason why seeing a doctor right away is so important. Your PIP coverage will help with your immediate medical needs while the rest of your claim is sorted out.

What About Property Damage to Your Vehicle?

Getting your car fixed is another major concern. If you have Collision coverage on your policy, you can use it to repair or replace your vehicle after a hit-and-run. Collision coverage pays for damage to your car resulting from a collision with another object or vehicle, no matter who is at fault.

You will likely have to pay a deductible, which is the amount you pay out-of-pocket before your insurance benefits begin. A deductible is a standard part of most collision policies. While paying this can be frustrating when you did nothing wrong, it allows you to get your vehicle repaired and back on the road without having to wait to see if the other driver is ever found.

Gathering Evidence to Support Your Hit-And-Run Claim

Even though you are filing a claim with your own insurance company, you still need to prove your case. Your insurer will want evidence that the accident was caused by another driver who fled the scene and that your injuries and damages are a direct result of that collision. Building a strong file of evidence is crucial.

  • The Police Report: A copy of the official police report is one of the most important pieces of evidence. It serves as a formal record of the hit-and-run and contains the investigating officer’s initial findings. You can typically request a copy from the Walton County Sheriff’s Office or the Florida Highway Patrol, depending on who responded.
  • Witness Information: If anyone stopped to help, be sure to get their contact information. A statement from an independent third party who saw what happened can be incredibly persuasive for an insurance adjuster.
  • Photos and Videos: Any pictures or videos you took at the scene are valuable. This includes photos of your vehicle’s damage, your injuries, the accident location, and any debris left on the road.
  • Surveillance Footage: Check with nearby businesses. Many stores and commercial buildings along the main roads in Miramar Beach have external security cameras. They may have captured the accident or the fleeing vehicle. You may need assistance to request and obtain this footage.

This documentation helps create a full picture of the event for the insurance company and demonstrates the legitimacy of your claim.

Why Working with a Miramar Beach Car Accident Lawyer Can Make a Difference

Filing an insurance claim after a hit-and-run can be more complex than a standard accident claim. You might feel like your own insurance company should be on your side, but their goal is often to pay out as little as possible. An experienced personal injury attorney can act as your advocate, protecting your rights and handling the difficult parts of the process so you can focus on healing.

A legal professional can assist with several critical aspects of your case.

  • They can conduct an independent investigation, which may include searching for surveillance footage, hiring investigators, and working to identify the at-fault driver.
  • They will manage all communications with the insurance companies, presenting your claim in the strongest possible light and negotiating on your behalf.
  • They work with medical and financial professionals to accurately calculate the full extent of your damages, including future medical needs and loss of earning capacity.
  • They make certain all paperwork is filed correctly and that you do not miss any important legal deadlines for your claim.

Having a dedicated representative handling these tasks can relieve a significant burden and improve your chances of receiving a fair outcome.

FAQ for How to File a Car Accident Claim After a Hit-And-Run in Miramar Beach, FL

Here are answers to some common questions that arise after a hit-and-run accident.

What if the hit-and-run driver is eventually found?

If law enforcement successfully identifies and locates the driver who fled, you may then be able to file a claim against their auto insurance policy. This would be a separate action from your UM claim. A personal injury lawyer can help you understand how to proceed in this scenario to pursue compensation directly from the at-fault party.

Is there a time limit to file a hit-and-run claim in Florida?

Yes. This is known as the statute of limitations. For a car accident claim based on negligence, you generally have two years from the date of the crash to file a lawsuit. For a UM claim, the time limit is typically five years, as it is based on a contract with your insurance company. However, these deadlines can be complex, and it is always best to act quickly to protect your rights.

What if I was a pedestrian or bicyclist hit by a car that fled the scene?

If you were a pedestrian or on a bike and were hit by a car, you may still be able to recover compensation. Your own auto insurance policy’s PIP and UM coverages might apply, even though you were not in your car. If you do not own a vehicle, you may be covered by the policy of a relative you live with. These cases require a careful review of all available insurance policies.

I was visiting Miramar Beach on vacation. Does my home state auto insurance apply?

Generally, yes. The auto insurance you carry in your home state should provide coverage for an accident that happens while you are traveling in Florida. The terms of your specific policy will dictate how the coverage works, but you should report the accident to your insurer just as you would if it had happened at home.

Contact a Trusted Hit-and-Run Car Accident Lawyer Today

At Emmanuel Sheppard & Condon, we have helped clients across Florida for over a century. We understand the frustration and uncertainty when you are involved in an accident with a hit-and-run driver, and we are committed to providing respectful communication and strong legal representation.

If you decide to trust us with your claim, we will honor that trust. We handle personal injury cases on a contingency fee basis, which means you pay no fees or costs unless we recover compensation for you. Contact us today at (850) 460-8000  or through our online form for a complimentary and confidential consultation to discuss your case and learn how we can help.

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