Hit-and-Run Lawyer in Miami

What a Lawyer Would Want You to Do After a Hit-and-Run Accident

Hit-and-run accidents occur when one or more drivers leave the scene of an accident before giving information or rendering aid to another driver in need. Under Florida Statutes §316.062, a driver involved in a crash that results in injury or death, or damage to a vehicle or property “shall give his or her name, address, and the registration number of the vehicle he or she is driving… 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.”

After an accident occurs, it is imperative that you remain at the scene to ensure that any other driver does not require medical assistance and that you exchange relevant information. This information would include:

The other vehicle operator’s name The vehicle operator’s address The make and model of their vehicle The name of their insurance carrier The policy number for their automobile coverage

If another driver requires medical assistance, call emergency services right away and be sure to remain at the scene until they arrive. It may also be necessary to contact the police to file a police report.

If after an accident the other driver fled the scene before exchanging information or making sure you weren’t hurt, you may be the victim of a hit-and-run. If you were injured, be sure to seek medical attention as quickly as possible. Provided there were no physical injuries, it is important to record as much information as possible for a possible hit-and-run lawsuit later. Any pertinent information may be necessary. Try to recall and write down anything you can remember, including:

The color of the other vehicle The model or make of the other vehicle The state of the other vehicle’s license plate  The license plate number The traffic conditions at the time of the accident The weather conditions at the time of the accident The specific conditions that led to the accident Photographs of any damage or injuries 

After another driver flees the scene of a hit and run accident, be sure to contact the Miami police and file a police report. Filing a report with the police could increase the likelihood that the other driver is identified. The police report might also be used by a hit-and-run lawyer to establish who might be at fault, and possibly which insurance carrier the lawyer would need to file a claim against. If the hit-and-run driver cannot be established, a Miami hit-and-run lawyer may be able to help file a claim under your own policy.

Common Insurance Issues with Hit and Runs

In the event that an accident occurred, and the other driver fled the scene of the accident, it may be possible to file a claim for compensation with your own insurance company. Insurance companies provide sources of hit-and-run compensation through uninsured motorist protection and underinsured motorist protection. Additionally, if a policy has collision coverage, it may cover damage to a victim’s automobile even when the other driver is never identified.

Florida does require minimum amounts of insurance coverage for drivers within the state. The FLHSMV [1] lists these requirements, and include:

Having coverage at the time of registration Having a minimum of $10,000 in personal injury protection and a minimum of $10,000 in property damage liability Having continuous coverage Purchasing a policy from a carrier that is licensed to do business in Florida Maintaining Florida coverage continuously throughout the registration period

Additional coverage may be purchased at the vehicle owner’s discretion and an underinsured or uninsured motorist policy can provide additional coverage if a hit-and-run driver is identified but failed to obtain sufficient coverage or any coverage at all for the accident. 

The mandatory personal injury protection required under Florida law can help pay for medical expenses that occurred as a result of the accident. If your policy has higher limits than the minimum required under Florida law, it may be possible to have your policy cover any additional medical expenses.

Bear in mind that insurance companies are not always looking out for the best interests of an accident victim. A policy adjuster is beholden to the insurance company and will attempt to negotiate a settlement in a case for the smallest amount possible. Under these circumstances, negotiating with your insurance carrier may result in a settlement that is inadequate in fully compensating you for your injuries.

Having a Miami hit-and-run lawyer on your side can help to ensure that someone is looking out for your best interests. Schlacter Law has years of experience negotiating with insurance companies and knows what it takes to ensure that you are fully compensated following a hit-and-run. Additionally, if a settlement negotiation is unsuccessful, a hit-and-run lawyer has the expertise required to pursue an effective lawsuit.

When to call a Hit-and-Run Lawyer

Timing is essential following a hit-and-run accident. From the moment the accident occurs the window of time available for a lawyer to file a lawsuit decreases. Florida’s statute of limitations for personal injury negligence lawsuits is four-years. If lawyers for both parties fail to reach a settlement and a lawsuit is not filed within this time frame, there might be no other legal recourse available for compensation.

This is why contacting a hit-and-run lawyer in Miami immediately following an accident is essential. Hit-and-run-attorneys can fight to ensure that no detail is overlooked. From insurance settlements to personal injury lawsuits, a hit-and-run lawyer knows what is required to make sure you get as much compensation as possible under your circumstances. Speak with a Schlacter Law hit-and-run lawyer today.

By Brett Schlacter

References

Florida Highway Safety and Motor Vehicles ↩