
Florida consistently ranks in the top three states for hit-and-run crashes. If you are left injured on the roadside, your own UM coverage becomes your lifeline. Here is how to investigate and file a claim when the defendant vanishes.
It is a sad reality of living in South Florida: if you get into a wreck, there is a high probability the other driver will take off. Maybe they have no license, maybe they have warrants, or maybe they are just panicked. Regardless, you are left injured and angry.
The Role of Uninsured Motorist (UM) Coverage In a hit-and-run, the "phantom vehicle" is treated as an uninsured driver. This means your claim will be filed against your own insurance company under your UM policy.
Many clients worry, "If I sue my own insurance, will they cancel me or raise my rates?" Under Florida Statute, your insurance company generally cannot raise your premiums for a not-at-fault accident, even if they have to pay out a claim. You paid for this coverage for this exact scenario. Use it.
Investigative Steps That Win Cases Police departments are overworked. Unless there is a fatality, they often will not dedicate a detective to track down a fender bender hit-and-run. That is where we come in.
- Camera Footage: We scour local businesses for Ring doorbell cams or security footage.
- Debris Analysis: That side mirror left on the road has a part number. We can trace that to the specific make, model, and year of the offender's car.
- Witness Interviews: We speak to the locals—the abuelas on the porch or the shop owners who see everything.
The "Contact" Requirement Florida law regarding phantom vehicles can be tricky. Some policies require proof of "physical contact" or credible witness testimony to prevent fraud. If you swerved to avoid a car and hit a tree, but the cars never touched, the insurance company will fight you tooth and nail.
According to the Insurance Information Institute, hit-and-run claims are rising nationally. Do not expect the police to solve the case for you. You need a legal team that acts like a private investigation unit.
Mariel Tollinchi, Esq.
Managing Partner at Tollinchi Law
With years of experience fighting for injury victims across Florida, Mariel is dedicated to helping families get the compensation they deserve.
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