After a crash, every second matters. For victims left behind by a driver who fled the scene, those seconds can feel like an eternity. Burnetti, P.A. has represented injured Floridians since 1994, and our attorneys know firsthand how devastating these situations are. Being injured and abandoned at the scene is not just frightening; it is a serious crime under Florida law.
Hillsborough County, home to Tampa, consistently ranks among Florida’s most active jurisdictions for hit-and-run crashes. Incidents are reported regularly along I-275, I-4, Dale Mabry Highway, and the Veterans Expressway. If you or someone you love was hurt in one of those crashes, you deserve to know your rights. Is a hit-and-run a felony in Florida? The answer depends on what happened, and as Tampa car accident lawyers, we are here to walk you through what Florida law says and what it means for your recovery.
A hit-and-run is a felony in Florida when the crash results in injury or death. Leaving the scene of an accident that caused injuries is a third-degree felony, which carries up to five years in prison. When a crash results in death, the charge escalates to a first-degree felony, punishable by up to 30 years in prison. Hit-and-run incidents involving only minor property damage and no injuries are generally treated as misdemeanors under Florida law.
Florida takes hit-and-run offenses seriously, and the penalties reflect that. Under Florida Statute § 316.027, any driver involved in a crash resulting in injury or death is required by law to remain at the scene, provide their information, and render reasonable assistance to anyone hurt. When a driver chooses to flee instead, the consequences are severe and long-lasting.
Here is how Florida classifies these offenses:
A felony conviction goes far beyond prison time. The at-fault driver can lose their license permanently, face mandatory vehicle impoundment, and carry a criminal record that appears on every background check for the rest of their life.
In Hillsborough County, these cases are prosecuted through the Thirteenth Judicial Circuit. Tampa Police Department and the Hillsborough County Sheriff’s Office both investigate hit-and-run crashes, and prosecutors in this circuit treat leaving an injured victim at the scene as a serious aggravating factor. Is a hit-and-run a felony in Florida for every crash? No, but the moment another person is seriously hurt, the legal stakes rise sharply, and so does the value of having an experienced attorney representing your interests as the injured party.
When the driver who hit you is eventually identified and faces criminal charges, that process runs parallel to your civil claim for compensation. Understanding the criminal side of these cases helps you see the full picture of your legal options and why your own representation matters from day one.
If the at-fault driver is convicted of a felony hit and run, that conviction becomes powerful evidence in your civil case. It establishes fault in a way that is extremely difficult for any insurance company to challenge and can significantly accelerate the resolution of your claim in the Hillsborough County civil courts.
When the driver has not yet been identified, your attorney takes a different approach. In our experience handling these cases across Tampa and Hillsborough County, the window for gathering critical evidence is narrow. Attorneys work quickly to obtain:
Is a hit-and-run a felony in Florida that always results in a conviction? Not automatically. Criminal defenses can delay or reduce charges. That is exactly why your civil representation must operate independently, protecting your right to compensation regardless of what happens in the criminal courtroom.
When a driver flees the scene and leaves someone injured, the victim faces a complicated road ahead. Medical bills accumulate, lost wages pile up, and the physical and emotional toll does not pause while law enforcement searches for the responsible driver.
Florida law requires all drivers to carry Personal Injury Protection (PIP), which covers a portion of medical expenses and lost wages regardless of fault. However, PIP coverage is capped at $10,000 under most standard policies. Victims dealing with spinal injuries, fractures, traumatic brain injuries, or soft tissue damage routinely face medical costs that exceed the limit within the first weeks of treatment.
Florida’s no-fault system also requires that you seek medical treatment within 14 days of the crash to preserve your PIP benefits. Missing that deadline forfeits coverage you have already paid for, regardless of how serious your injuries are.
When the at-fault driver is unknown, uninsured motorist coverage, collision coverage, and civil litigation are all valid recovery options. Our attorneys have helped Tampa and Hillsborough County hit-and-run victims secure compensation through each of these routes, even in cases where the responsible driver was never found. If the driver is eventually identified and criminally charged, that felony conviction becomes a significant asset in your civil claim.
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The steps you take immediately after a hit-and-run accident in Florida can directly shape the outcome of your legal claim. Shock and adrenaline make clear thinking difficult, but acting methodically in those first minutes protects both your health and your right to recovery.
Each of these steps lays the foundation for a recoverable case. Missing even one creates openings that experienced insurance adjusters will use to reduce or deny your claim.
One of the most urgent questions victims face is who pays for their vehicle when the at-fault driver is gone. The answer depends on the coverage you carry, and knowing your options now can mean the difference between a fast repair and months of financial strain.
If you have uninsured motorist property damage coverage, it may apply to repairs when the responsible driver cannot be identified or is uninsured. Florida also provides for uninsured motorist bodily injury coverage, and under Florida Statute § 627.727, insurers are required to offer this protection to every policyholder, though it can be waived in writing.
If you carry collision coverage, repairs can move forward regardless of whether the other driver is ever identified. Your deductible applies, but you avoid waiting months for an investigation to conclude.
When the at-fault driver is eventually found, their liability policy becomes the primary recovery source for your vehicle and other losses. A felony hit and run conviction can also trigger policy cancellations and coverage disputes on their end, creating additional complications that an attorney is best positioned to navigate on your behalf.
Hit and run cases are among the most legally complex personal injury matters a victim can face. The responsible party may be unknown, insurance coverage may be disputed, and building a successful claim requires investigative resources most people simply do not have. Attempting to handle these complex cases alone almost always means a smaller recovery, or none at all.
A skilled hit-and-run attorney will:
Time works against hit-and-run victims in Florida. Under HB 837, signed in March 2023, the civil filing deadline for personal injury claims was reduced from four years to two years from the date of the crash. Surveillance footage is deleted, witnesses move away, and physical evidence disappears. Every day without legal representation is a day the other side uses to its advantage.
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Victims injured in a hit-and-run accident in Florida may be entitled to significant compensation, even in cases where the responsible driver has not yet been found. Florida law does not limit your recovery simply because the at-fault driver fled the scene.
Recoverable damages fall into three categories:
Is hit and run a felony in Florida that strengthens a punitive damages argument? In the right circumstances, yes. A criminal charge or conviction for fleeing the scene signals to a court the level of disregard the at-fault driver showed for another person’s safety. Your attorney will assess every available category of damages and pursue the maximum recovery the facts of your case support.
Burnetti, P.A. has fought for injured Floridians since 1994, and that singular focus has never changed. We represent accident victims exclusively. We do not represent insurance companies, and we never will. Our attorneys take an active, hands-on role in every case, handling everything from the initial investigation and evidence gathering to insurer negotiations, court filings, and every stage of litigation, so our clients can focus entirely on healing. Every person who comes to us receives direct access to their legal team, regular case updates, and the aggressive advocacy their situation demands.
We serve clients across Tampa, Hillsborough County, and throughout central and western Florida. We work on a contingency fee basis, which means you pay nothing out of pocket unless we recover compensation for you. There is no risk in making the call. If you were injured in a hit-and-run accident and are ready to speak with a Tampa car accident lawyer who will fight for the full recovery you deserve, call Burnetti, P.A. today at (800) 287-6388 for a free, no-obligation case review.
Board-Certified Civil Trial Lawyer and founder of Burnetti, P.A., Doug Burnetti has spent his career fighting for the injured across Florida. Known for his courtroom skill and dedication to justice, he leads a firm built on integrity, strength, and results—recognized by Florida Super Lawyers and Martindale-Hubbell® for excellence in trial advocacy. He is also the recipient of the Jerry A. DeVane Award, presented by the Lakeland Bar Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Doug Burnetti, who has more than 31 years of fighting for injured clients across Florida.
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