Is Six Weeks Too Late to Pursue a Hit-and-Run Claim

Attorney Answer

No — six weeks is early, and nothing about that timing closes the door. Florida's deadlines for an injury claim are measured in years, not weeks. What does move quickly is everything else: policy notice requirements, physical evidence, witnesses' memories, and the paperwork on a totaled car.

On the deadline itself, a Florida negligence claim runs under Fla. Stat. § 95.11. Which period applies depends on when the crash happened. For accidents before March 24, 2023, the former four-year period applied; the Legislature shortened the period for accidents after that date. Six weeks sits comfortably inside either one. That is the general picture, not a date for her case — the exact deadline depends on facts a lawyer has to check.

The harder problem is that the driver left. Leaving is a crime in Florida. Under § 316.027(2)(a): "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." More serious injury and death raise the degree of the felony. A hit-and-run investigation can still identify a driver weeks later, through video, vehicle debris, body-shop records and tips, so the police file is worth following.

Whether or not that driver is ever found, her own policy is where a claim like this usually goes. Section 627.727(1) requires uninsured motorist coverage in every Florida policy providing bodily injury liability coverage, for insureds legally entitled to recover damages from the owner or operator of an uninsured motor vehicle — unless it is rejected. The statute says: "However, the coverage required under this section is not applicable when, or to the extent that, an insured named in the policy makes a written rejection of the coverage on behalf of all insureds under the policy." Whether an unidentified driver who fled counts as an uninsured motor vehicle under her particular policy is defined by the policy and by the rest of § 627.727, and it is a question to put to a Florida attorney rather than to assume either way.

Her medical bills run through PIP first. Under § 627.736(1) the benefits reach $10,000 in medical and disability benefits, paying 60 percent of lost income and, under § 627.736(1)(a), "Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident." A hospital visit right after the crash ordinarily satisfies that condition.

On the car, § 626.9743(5) governs how an insurer settles a first-party total loss on an actual cash value or replacement basis, and one permitted method is a cash settlement based on the actual cost to purchase a comparable motor vehicle, including sales tax where it applies.

What you can do

1. Have her contact her own auto insurer now and ask specifically about uninsured motorist coverage and PIP, and get the claim numbers.

2. Get the crash report from the investigating agency, and ask whether the hit-and-run investigation is still open and who to send anything new to.

3. Keep every hospital and treatment record, every bill, and all of the total-loss paperwork.

4. Before the car is released, sold for salvage or scrapped, ask whether anything on it still needs to be examined or photographed.

5. Ask a Florida attorney to review the policy language and the report. 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. The negligence claim against the driver runs under Fla. Stat. § 95.11, and which period applies turns on the date of the crash: for accidents before March 24, 2023, the former four-year period applied, and the Legislature shortened it for later accidents. An uninsured motorist claim is a claim on a contract, can run on a different clock, and carries its own notice conditions that are far shorter. Do not take a date from this page; have a Florida attorney confirm every deadline against her facts.