Sideswiping a Parked Car and a Hit-and-Run Claim

Attorney Answer

You did the thing Florida law cares most about — you found the owner and made contact — but that does not close the matter, and continuing to negotiate with her directly is now the risk. Every message between the two of you is evidence, and the demands are pushing you toward saying something that helps her and hurts you.

Start with which statute is even in play. 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." Note the words "driven or attended by any person." An empty parked car generally is not attended, and Florida deals with a driver who strikes unattended property through a different section of the same chapter — one built around locating the owner or leaving written information, rather than remaining at the scene. A Florida attorney should tell you which provision any accusation actually rests on. Either way, tracking down the owner and offering to pay is the substance of what those duties are aimed at, which is a materially different position from a driver who was never heard from.

There is also a reporting duty that is separate from all of this. Fla. Stat. § 316.065(1) requires an immediate report to law enforcement where there is injury or death, or damage to any vehicle or other property in an apparent amount of at least $2,000. A violation of that subsection is a noncriminal traffic infraction, punishable as a nonmoving violation — real, but not a crime.

Now the part that matters most to your situation. Whether a charge is ever filed is the State's decision, not hers. She cannot create one by threatening to, and she cannot call one off in exchange for money. Her claim for the repair cost, and for a reasonable rental while the car is out of service, is a civil claim, and testing whether those numbers are reasonable is exactly what an insurance adjuster does for a living. Do not accuse anyone of a crime yourself over what she said — hand the messages to a lawyer and let them judge it.

What you can do

1. Stop communicating with her about the crash, the money, or the police. Do not answer the last message.

2. Save everything that already exists: the texts, the voicemails, any video she sent, photographs of both vehicles, the date and time you first reached her. Screenshot, do not delete, and do not add commentary.

3. Do not sign anything she sends and do not pay her directly while she is threatening a police report.

4. Ask a Florida criminal defense attorney before you report the claim to your own insurer or give any statement about it. A cooperation clause and your right to stay silent pull against each other, and choosing between them is a legal decision, not a form.

5. Ask that lawyer, not the other driver, to find out whether any report or investigation actually exists.

6. If an officer contacts you, give the identifying information the law requires and nothing beyond it, and say you want to speak with a lawyer first.

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. Charging deadlines on the criminal side are set by the criminal limitations statutes and turn on the level of the offense — leaving a property-damage crash is a second-degree misdemeanor under Fla. Stat. § 316.061. Her civil claim for the damage 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 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.