Falsely Accused of Leaving a Florida Crash Scene

Q: Is a letter from another driver's attorney the same as being charged with leaving the scene in Florida?

No. A demand letter is a private claim for money and anyone can send one. A criminal charge under Fla. Stat. § 316.061 or § 316.027 is filed by the State after law enforcement investigates. The two can run at the same time and can come out differently, because different people decide them under different standards. The other side cannot create a criminal charge by demanding one, and cannot withdraw one the State has already filed.

Q: What does Florida law require a driver to do at the scene of a crash?

Fla. Stat. § 316.062(1) sets the duty the leaving-the-scene statutes point back to: "The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person." Separately, Fla. Stat. § 316.065(1) requires an immediate report to law enforcement in some crashes: "The driver of a vehicle involved in a crash resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $2,000 shall immediately by the quickest means of communication give notice of the crash to the local police department, if such crash occurs within a municipality; otherwise, to the office of the county sheriff or the nearest office or station of the Florida Highway Patrol. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318."

Q: If a Florida driver was partly to blame for a crash before March 24, 2023, could they still recover?

Yes. For accidents before March 24, 2023, Florida was a pure comparative fault state. Fla. Stat. § 768.81(2) then provided: "EFFECT OF CONTRIBUTORY FAULT. — In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant's contributory fault, but does not bar recovery." A claimant's own share of the blame cut the award down in proportion to it and cut off nothing. The Legislature changed that rule in 2023 for later accidents. Which version governs an older crash is a question for a Florida attorney rather than something to settle from a page.

Question

Attorney representing attorney is claiming that I hit and ran from an accident. I refuse to admit because it wasn't me nor my vehicle.

A. Jason Velez · Accepted Answer

A letter from another driver's attorney is an accusation, not a criminal charge — and if you were not the driver and it was not your vehicle, the worst thing you can do is try to prove that yourself. Every explanation you offer the other side, their lawyer, or an insurer becomes a record someone else controls. Put a Florida criminal defense attorney between you and all of those conversations first. Florida's leaving-the-scene statutes are built around a fact the accuser has to establish before anything else matters: that you were the driver of a vehicle involved in the crash. For a crash with property damage only, Fla. Stat. § 316.061(1) provides: "The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." Where a person was injured, Fla. Stat. § 316.027(2)(a) provides: "The driver of a vehicle involved in a crash occurring on public or private property which results in injury to a person other than serious bodily injury shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." Serious bodily injury raises that to a second-degree felony under § 316.027(2)(b), a death to a first-degree felony under (2)(c). Conviction under any of them revokes the driver license for at least three years under (2)(e), and (2)(d) directs the court to order restitution unless it finds clear and compelling reasons not to. Read what each statute turns on: the driver of a vehicle involved in a crash, and, for the felony paragraphs, a willful violation. Identifying that driver is the State's problem, not yours to disprove. Whether an investigation exists at all, and what it rests on, is something a defense lawyer can find out without you saying a word. And a demand letter is a civil claim for money: charging a crime is the State Attorney's decision, so the other side can neither file charges nor call them off. What you can do 1. Do not discuss the crash, your vehicle, or where you were that day with the other driver, their attorney, their insurer, or a law enforcement officer. "I'm not going to discuss it" is a complete answer. 2. Preserve what already exists instead of creating something new: photographs of your vehicle as it sits, repair and service records, toll and card statements, work schedules. Do not write out an account of your day for anyone. 3. Do not repair, repaint, or sell the vehicle while the accusation is open. 4. Ask a Florida criminal defense attorney before you answer your own insurer's questions. A policy's cooperation clause and your right to stay silent pull in opposite directions, and choosing between them is a legal decision, not a form to fill out. 5. Let a lawyer, not you, contact the investigating agency to learn whether a case exists. 6. If a citation, summons, or court date arrives, do not ignore it and do not pay it like a parking ticket. Take it to a lawyer that week. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page. ⏱ Time limits apply. Two separate clocks run here, and neither is yours to estimate. How long the State has to bring a charge is set by the criminal limitations statutes and depends on whether the accusation is the second-degree misdemeanor in Fla. Stat. § 316.061 or a felony under Fla. Stat. § 316.027. On the civil side, a negligence claim over the crash runs under Fla. Stat. § 95.11, and because this crash was before March 24, 2023, the period that applied was the former four years, not the shorter one the Legislature adopted in 2023 — the same 2023 law that also changed Florida's shared-fault rule for later accidents. Which version governs an older crash is a lawyer's call. Have a Florida attorney key every deadline to your actual facts.

Falsely Accused of Leaving a Florida Crash Scene

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