Miami’s Hit-And-Run Lawyers — Justice for the Injured

What Is a Hit-And-Run Accident Claim?

A hit-and-run accident claim is a demand for financial compensation. The claim is based on the victim’s rights under the law.

Florida laws protect hit-and-run victims, and give them the right to demand payment from the party responsible for the hit and run. 

A claim may be based on how the accident occurred in the first place, and the fact that the other driver chose to flee from the accident scene.

A hit-and-run accident claim is the victim exercising their right to financial compensation. It is using the legal system to help a victim get the compensation they deserve, and hold the other person accountable for their actions.

Why Bring a Hit-And-Run Accident Claim?

If you’ve been in an accident, you know that it can be a terrifying experience. The first concern is evaluating injuries.

The next step is to identify the parties involved and exchange information. 

Florida law requires both drivers to remain at the scene and provide their driver’s license and vehicle information to each other.

When the other driver chooses to flee the scene of the accident, an already scary situation can become much worse.

Common Hit-And-Run Scenarios in Miami

Hit-and-run accidents are on the rise in the U.S. During the five years ending in 2022, the number of people in the U.S. involved in hit-and-run accidents was more than 4 million. 

Common hit-and-run scenarios in Miami include the following:

• Crashes involving vehicles:
  • High-speed highway crashes: Drivers who cause high-speed collisions while speeding may flee the scene because they can be charged with reckless driving. There is a greater risk of injuries and fatalities from high-speed collisions, which means the at-fault driver could face felony charges instead of misdemeanors.
  • Impaired or unlicensed drivers: Driving under the influence (DUI) occurs when drivers operate motor vehicles while their blood alcohol content (BAC) is over the legal limit. Driving with a high BAC impairs their judgment and slows their response times. Unlicensed drivers are operating vehicles without a driver’s license.
  • Nighttime or low-visibility accidents: Drivers may not realize they’ve struck someone or something if they’re driving at night, or during bad weather, and have limited visibility.
  • Parking lot accidents: Parking lot hit-and-run accidents typically involve motorists hitting parked cars. If they do not wait for the vehicle’s owner or leave contact information on the vehicle, the accident is classified as a hit-and-run.
  • Rear-end collisions at intersections: Drivers can back into vehicles at intersections, particularly if they decide to change lanes or turn instead of going straight. 
• Crashes involving non-motorists:
  • Bicycle or scooter hit and runs: Drivers may leave the scene after hitting a bicyclist or scooter operator because they don’t realize they hit them, or because they’re afraid of the legal implications if the victim dies.
  • Pedestrian hit and runs: Hit-and-run accidents involving pedestrians occur because the driver doesn’t realize they hit someone, or is afraid of facing criminal charges. 

Why Drivers Flee the Scene 

Drivers may leave the accident scene for multiple reasons, including the following:

• DUI: Impaired drivers can be charged with driving under the influence (DUI). In an attempt to avoid DUI charges, they may leave the scene.
• Fear of legal repercussions: Drivers involved in a hit and run while breaking traffic laws (such as speeding or driving under the influence) may flee in an attempt to avoid charges.
• Financial fears: Drivers may face higher insurance premiums after a claim. Underinsured drivers may be afraid they can’t afford to pay accident-related claims.
• No insurance: Individuals driving without a minimum of $10,000 of both personal injury protection (PIP) and property damage liability (PDL) insurance can be fined and have their license and registration suspended.
• Undocumented: Undocumented persons may leave the scene to avoid being detained by immigration officials.
• Unlicensed: Unlicensed drivers may leave the scene because they’re afraid of the legal repercussions from driving without a license. 
• Warrants: Individuals with open warrants for their arrest may leave the accident scene to avoid being arrested. 

Immediate Steps To Take After a Hit and Run

Hit-and-run victims should take the following steps after the accident:

• Report the accident: File a police report. Call 911 and have them send the police and paramedics if anyone is hurt. Wait for the police to arrive. This report is crucial for pursuing an insurance claim and a potential lawsuit.
• Stay at the scene: Unless paramedics remove you for medical care, stay at the scene until you file a police report.
• Seek medical care: Medical professionals will identify injuries and provide proper treatment.
• Document the scene: Compile written, photographic, and video evidence of the accident and scene. Your notes, videos, and photos can help establish who’s at fault. 
• Consult an attorney: Whether the accident occurs in Miami or Miami Beach, you should consult a hit-and-run accident attorney. Hit-and-run lawyers are knowledgeable about the law, and skilled in pursuing hit-and-run cases, ensuring victims receive justice.  

Understanding Hit-And-Run Accidents in Florida

You can pursue a claim for a hit-and-run accident. Initiating a hit-and-run case involves the following steps:

• Consultation: Speak to a Miami hit-and-run injury attorney. Bernstein & Maryanoff provide free consultations. You don’t have to pay a cent to tell us about your accident and get answers to your questions.
• Investigation: Once you hire a hit-and-run lawyer in Miami, your lawyer will oversee an investigation into your accident. Your legal team will collect documentation, interview witnesses, and use their investigative skills to establish fault for the accident. This evidence may help identify the at-fault party.
• Negotiation: Once the hit-and-run driver is identified, your lawyer will pursue a claim with their insurance company. Your lawyer will meet representatives from the insurance company, and present evidence to support your claim. Your lawyer will attempt to negotiate an out-of-court settlement that awards you the maximum compensation for your injuries.

Your lawyer will present your case at trial if they cannot secure fair compensation through negotiation with the insurance company.

Familiarizing yourself with legal definitions and Florida laws can help you as you navigate a hit-and-run accident claim. 

The following definitions and laws affect hit-and-run claims:

• Definition: Florida Statute 316.061 requires drivers to remain at the accident scene if the accident caused property damage, injuries, or fatalities. Drivers who do not remain at the scene can be charged with a hit and run.
• No-fault state: Drivers must carry PIP and PDL insurance, which covers their costs after an accident. The costs do not automatically fall to another party’s insurance company. 
• Felony vs. misdemeanor: A hit and run is a misdemeanor. However, a hit and run involving injuries or fatalities is a felony, which involves more severe penalties, such as longer prison terms.
• Statute of limitations: Florida car accident victims have two years to file claims stemming from a misdemeanor; however, hit-and-run accident victims can extend the deadline if the driver flees and hides to avoid responsibility.
• Extended rights: Taking appropriate legal steps ensures you retain your right to take legal action when the at-fault party is found. Your rights will not expire, even if the at-fault party is never located.

Do I Have a Hit-And-Run Accident Claim?

You may have a hit-and-run accident claim in two circumstances:

Legal Claims Based on the Other Party’s Fault for the Accident

First, if you’re injured because the other party causes the accident in the first place, you may bring a claim. A hit-and-run accident is an accident, first of all.

The standards of legal negligence apply to the crash, as well as the other driver choosing to leave the scene.

Your right to file a claim based on the events leading to the accident doesn’t change because the other driver flees. You have a claim if you’re the victim of an accident caused by the other party.

In Florida, minimum injury thresholds may apply. However, a first-party insurance claim may be available to you in addition to a third-party claim.

Our attorneys can help you evaluate your case to determine all of your rights and options.

Legal Claims Based on the Hit and Run

Second, a legal claim may be based on the events surrounding the hit and run. Fleeing from an accident scene is a crime.

Also, it can make an already serious accident much worse. When the other party flees the scene, it can leave you without the medical care that you need. It can cause you panic and stress.

A legal claim may be based on the circumstances surrounding the hit and run, in addition to the events of the accident.

What Damages Can a Hit-And-Run Victim Recover?

Hit-and-run car crash victims can seek economic (monetary), non-economic (non-monetary) damages, and at times, punitive damages.

Victims can seek punitive damages if the at-fault party was guilty of gross negligence. 

The at-fault driver may be responsible for these damages, or they may share liability. For example, accident victims may have a claim against a vehicle’s manufacturer if defects caused or contributed to the accident. 

Economic Damages 

Monetary damages are reimbursements for accident-related expenses or compensation for anticipated costs or financial losses stemming from the accident. Grounds for economic damages include the following:

• Burial and funeral costs: If a person dies in the accident, their estate can seek compensation for expenses, including the burial and funeral costs. 
• Child care expenses: Accident victims with children may need help with child care during their recovery.
• House cleaning and home maintenance bills: Accident victims can seek reimbursement if they need to hire house cleaners and maintenance people to look after household tasks during their recovery.
• Job retraining: Accident victims with severe or permanent injuries may need to train for a new career if they’re unable to return to their current profession.
• Lost wages: Accident victims may miss out on earning income because of their injuries. In this case, they can seek compensation for the lost wages. They can also seek compensation for anticipated future lost wages if they need more time off work to recover.
• Medical expenses: Accident victims can seek reimbursement for all accident-related medical costs, including the following:
  • Ambulance bills
  • Assistive devices
  • Counseling/therapy bills
  • Medical appointments
  • Medical tests
  • Occupational therapy
  • Physical therapy
  • Prescription medication
  • Speech therapy
  • Repair bills
  • Transportation costs

Non-Economic Damages 

Non-monetary damages provide compensation for personal suffering. Grounds for non-economic damages include the following:

• Anxiety
• Depression
• Grief
• Loss of consortium
• Loss of quality of life
• Pain and suffering
• Phobias
• Post-traumatic stress disorder (PTSD)

Insurance Payouts

Insurance companies may pay out some costs following a motor vehicle accident. Insurance may also cover some medical bills and property damage costs.

Insurance payouts cover some of your critical expenses. Even if the driver is never found, you will receive some of the financial compensation you deserve.

Punitive Damages

Punitive damages may be awarded when gross negligence contributed to the traffic accident. Punitive damages are a financial penalty intended to punish the at-fault party. Punitive damages could apply to accidents caused by road rage, distracted driving, or violating traffic laws. 

How Our Miami Hit-And-Run Accident Lawyers Can Help You

Hit-and-run accident victims may suffer long-term or permanent physical impairments and trauma, resulting in mental health challenges that require treatment from mental health professionals. 

Even if you should recover from your physical injuries in a few weeks or months, you will have practical concerns to deal with, such as arranging transportation, completing routine tasks, and coping with the financial costs of your accident.

Bernstein & Maryanoff’s Miami hit-and-run attorneys handle your legal claim so that you can prioritize your recovery. 

While you heal, we’ll handle the following tasks:

• Provide counsel: We will answer all the questions you have, and provide the legal information you need to make informed decisions about your claim. We will also help you calculate the amount of damages to seek, ensuring your claim includes all grounds for monetary and non-monetary damages. 
• Investigate: Our legal team will gather evidence and eyewitness statements to confirm how the accident happened, and identify contributing factors relevant when determining fault. 
• Identify the at-fault party: We use the evidence collected in our investigation to determine who is at fault. If more than one party is at fault, we use this evidence to establish the percentage of blame for each at-fault party.
• Establish negligence: We will collect evidence to prove the responsible party’s legal negligence.
• File claims: We prepare all the legal paperwork and initiate claims with the at-fault party’s insurance company, or applicable third parties, such as businesses or car manufacturers.
• Negotiate: Your lawyer will handle all communications with the insurance company and present evidence during negotiations to secure you the maximum compensation available.

We will provide expert legal representation at trial if we’re unable to resolve your claim during negotiations. 

You may wonder what happens if you were partially at fault for the accident. As long as your percentage of blame does not exceed 50%, you can still seek compensation through a personal injury lawsuit. 

Results You Can Trust 

With proven results, extensive experience, and a passion for justice, the attorneys at Bernstein & Maryanoff, Injury Attorneys, are committed to protecting your rights.

Why Choose Us?

At Bernstein & Maryanoff, we understand how scary and overwhelming the aftermath of an accident can be. We prioritize a client-centered approach to ensure each accident victim we work with receives expert legal assistance.

Things that set our firm apart include the following:

• Proven results: We’ve recovered over $500 million in compensation for injury victims.
• Personal involvement: Your lawyer doesn’t pass off your case to paralegals and investigators. They’re personally involved throughout every step of the legal process.
• Effectiveness: Our proven strategy has helped us secure hundreds of millions from insurance companies, ensuring accident victims receive the compensation they deserve.
• Extensive network: We have a network of professionals who can provide expert testimony and crucial information that supports your claim.
• Contingency fees: Bernstein & Maryanoff receive a percentage of your settlement once we win your case. If we don’t win, you don’t pay.
• Local experience: Bernstein & Maryanoff’s legal team is familiar with Florida laws. We know Miami and Miami Beach, and our familiarity with the local area helps us secure evidence that can support your claim. 

It often takes up to two years to resolve a car accident claim. Bernstein & Maryanoff provide clear communication and legal support throughout that entire time, and fight to get you a fair settlement as quickly as possible. 

What Our Clients Say About Us

Bernstein & Maryanoff have over 40 years of experience helping injury victims get justice. Clients highly recommend our services and praise us for the following:

• Attention to detail
• Authentic concern
• Detailed information
• Excellent service
• Helpfulness
• Professionalism
• Prompt service

Miami Hit-And-Run Accident Lawyers Taking Cases Now

The Bernstein & Maryanoff, Injury Attorneys, Miami legal team offers you complete legal representation. We do everything that needs to be done to get you from where you are to having a check in your hands. We’re here to take your call now.

Call us today at 1-800-429-4529.

Areas We Service in Miami, Florida

Aventura | Coral Gables | Coral Springs | Cutler Bay | Doral | Davie | Fort Lauderdale | Hialeah | Hollywood | Homestead | Kendall | Miami Beach | Miami Lakes | Miramar | North Miami | Palmetto Bay | Pembroke Pines | Pinecrest | Pompano Beach | The Hammocks | Weston

Sources:

Bernstein & Maryanoff. (2025). 

Florida Insurance Requirements. (2025). 

The 2024 Florida Statutes (including 2025 Special Session C). (2025). 

The 2024 Florida Statutes (including 2025 Special Session C): Chapter 316. (2025). 

The Real Risks of Speed. (2025). 

Vigderman, Aliza. (2025). The State of Hit-and-Runs in the U.S.