What Happens If You Leave the Scene of a Car Accident?

Leaving the scene of a car accident in Florida is considered a criminal offense. Florida laws require all individuals involved in a car crash to remain at the scene, report the accident to the police, and exchange personal information.

Failing to do so and leaving the scene can result in being charged with a hit-and-run, regardless of fault. The criminal charge can be a misdemeanor or a felony, depending on the extent of property damage and personal injuries.

Have you been injured in a hit-and-run accident? Get immediate legal help today.

What Is Fleeing the Scene of an Accident? 

Leaving the scene of an accident is considered a hit-and-run and occurs whenever a driver leaves the crash scene. Florida Statutes 316.061, 316.062, 316.063, 316.065, and 361.027 all cover the legal requirements to remain at the accident scene whenever there has been:

• Property damage: Any amount of property damage, even minor damage.
• Personal injuries: Any type of physical injury, regardless of severity, to anyone involved in the accident, including any driver, passengers, or pedestrians.
• Death: The accidental death of anyone involved in the accident. 

All drivers, regardless of who is at fault, are required to remain at the scene unless otherwise instructed by the police.

Legal Obligations After a Car Accident in Florida: What You Must Do

Whether you are a Florida resident, or a tourist visiting the state, all drivers have specific legal obligations after being involved in a car crash. These include:

• Stop immediately: You must stop at the scene or as close as possible without obstructing traffic after being hit or hitting another vehicle, motorcycle, bicycle, or pedestrian.
• Provide information: All drivers involved in a car accident in Florida are required to exchange personal information, including insurance details, driver’s license numbers, addresses, and vehicle registration, make, model, year, and VIN.
• Render aid: Under state laws, anyone involved in a car crash has the legal obligation to provide reasonable assistance to injured individuals, including calling 911.
• Report the accident: Florida laws require you to report a crash immediately by calling 911 when it involves any of the following:

o Crashes with $500 or more in damages

o Crashes with injuries

o Wrongful death

o Hit-and-run crashes

o Crashes with any type of commercial vehicle

o  DUI crashes

o Crashes that require tow trucks/wreckers to remove the vehicles

For minor crashes, with no injuries, and damages under $500, after calling 911 and being instructed by the police, drivers may be allowed to self-report the accident online themselves within 10 days of the accident.

• Cooperate with law enforcement: It is important to fully cooperate with police officers, whether they talk to you over the phone or arrive at the scene. Even if you do not have insurance or are driving without a license, it is better to remain at the scene and cooperate than risk facing a criminal hit-and-run charge.

Difference Between a Misdemeanor and a Felony for Fleeing the Scene

Florida hit-and-run laws could result in a criminal fleeing the scene of an accident charge. Leaving the scene of an accident in Florida can result in either misdemeanor or felony criminal charges. A hit-and-run is a felony whenever there are bodily injuries or death involved.

What Are the Penalties for a Hit-And-Run?

The penalties for a hit-and-run are based on the type of criminal offense:

• Second-degree misdemeanor: There was only property damage in the crash and no personal injuries. Being found guilty of this offense could result in up to 60 days in jail and up to $500 in fines.
• Third-degree felony: You could be charged with a hit-and-run accident if there are any personal injuries, but no death. If you are found guilty, you could face up to five years in jail, five years of probation, and up to $5,000 in fines.
• First-degree felony: When someone dies and you leave the scene of the crash, you can be charged with a first-degree felony. Being found guilty of this offense can result in up to 30 years in jail and fines up to $10,000.

Keep in mind, this does not include any civil charges you could face from a personal injury lawsuit.

Other Consequences of Leaving the Scene of an Accident

In addition to facing criminal charges for leaving the scene of an accident, there are other consequences, including:

• A permanent criminal record for the criminal offense can make it challenging to maintain or find employment and suitable housing, especially if you rent.
• Increase insurance rates because you are considered a high-risk driver.
• Difficulties finding car insurance because of your elevated risk.
• Being canceled by your existing insurance company.
• Points on your driver’s license.
• A mandatory driver’s license suspension can include reinstatement fees, mandatory education courses, and other added expenses.
• Damage to your reputation and social standing within your community.
• Having to face civil personal injury lawsuits from injured parties seeking monetary compensation for their damages.

Why Might Drivers Leave the Scene?

Even though it is against the law to leave the scene of a car crash in Florida, some people may do so for these reasons:

• They were driving under the influence of alcohol or drugs and were afraid of being arrested and charged with a DUI.
• They were driving with a suspended license or without one.
• They do not have car insurance.
• They panicked from the shock of the accident and made an impulsive decision to flee.
• They were in the process of committing another criminal offense.
• They have an outstanding warrant for their arrest.
• There were unsafe conditions, and they felt afraid.

Why You Should Never Leave the Scene of an Accident

Leaving the scene of an accident can result in much worse consequences, including fines, fees, and jail time. Even if you do not have insurance, are driving under the influence, or are afraid of being at fault, it is better to stay calm and remain at the scene. Fleeing the scene of an accident is a felony if anyone is injured or dies.

What To Do if You Were Injured by a Driver Who Fled the Scene

If you are injured by a hit-and-run driver, you should:

• Seek immediate medical attention
• Call the police to file a report, providing as much detail as possible about the fleeing vehicle and driver
• Gather any witness information
• Contact a hit-and-run accident lawyer
• File a claim with your insurance company

Request Your Free Consultation Today

If you are the victim of a hit-and-run accident in Florida, obtain free legal advice from the experienced car accident lawyers at Bernstein & Maryanoff, Injury Attorneys. We can help you determine the best way to proceed with your injury claim and understand the complexities of hit-and-run cases.

Get expert legal advice now. Call us for your free consultation.

FAQ

If I Only Caused Minor Damage and No One Was Hurt, Is It Still Illegal To Leave the Scene?

Yes, it is still illegal to leave the scene of an accident in Florida, even when there is only minor damage and no one was hurt. You must report the accident to the police and follow their instructions. Leaving the scene of minor accidents is a second-degree misdemeanor, which could result in driver’s license suspension, fines, and even jail time. 

What if I Left the Scene To Call for Help or Because I Felt Unsafe at the Location?

Leaving the scene of an accident could result in criminal charges regardless of the reason. If no one else can call the police, you can leave to call them. However, you must report that you left the scene to call 911 and must promptly return after making the call.

In cases where you feel unsafe, call 911, report the accident to the police, and let them know why you feel unsafe and want to leave the scene until they arrive. They will instruct you on what to do next.

Will My Insurance Rates Go up if I Am Convicted of a Hit-And-Run?

Most likely because insurance companies will view you as a higher risk to insurance since you previously left the scene of an accident and were convicted (found guilty).

If the Other Driver Didn’t Have Insurance, Does That Change My Responsibility To Stay at the Scene?

No, it does not change your legal responsibility to stay at the scene even when the other driver has no insurance. You must remain at the scene, report it to the police, and exchange information with the other driver.

Can I Be Charged With a Hit-And-Run Even if the Accident Wasn’t My Fault?

Yes, if you left the scene of an accident, even if you weren’t at fault, you could still be charged with a hit-and-run criminal offense.

What Is the Statute of Limitations for a Hit-And-Run Offense in Florida?

Florida changed the statute of limitations for personal injury cases, including car crashes and hit-and-run accidents, in March 2023 to two years from the date of the accident.

Sources:

FLA. STAT. § 316.027. (2025).

FLA. STAT. § 316.061. (2025).

FLA. STAT. § 316.062. (2025).

FLA. STAT. § 316.063. (2025).

FLA. STAT. § 316.065. (2025).

FLA. STAT. § 95.11(5). (2025).

Traffic Crash Reports. (2025).