Florida Statute of Limitations for Hit and Run
Motor vehicle collisions are distressing on their own, and it becomes even more challenging when the driver who causes the collision leaves the scene. Florida law refers to these incidents as hit and run crashes. Netska Law Group can assist you with your hit-and-run accident claim. For immediate legal guidance, reach out to our top auto injury lawyers.
Florida Statute of Limitations for Hit and Run
The statute of limitations is the legal time limit set by each state for filing a civil lawsuit. In Florida, these deadlines can differ based on the nature of the claim. For most personal injury matters, including auto accidents, Florida Statutes Section 95.11(3)(a) provides up to two years from the date of the accident to initiate a claim. In hit and run situations, the legal clock typically starts when the incident takes place.
A hit and run occurs when a driver fails to remain at the scene following a collision that has caused injury or damage. This can involve passenger vehicles, motorcycles, trucks, or even rideshare services. Whether the driver left out of fear, misunderstanding, or deliberate intent, they may face serious legal consequences under Florida criminal law. However, the civil statute of limitations remains primarily focused on the injured person’s pursuit of financial recovery for medical bills, lost income, property damage, and other losses.
Filing a case within the applicable timeframe is fundamental for securing compensation. Missing the deadline can lead to the court dismissing the case outright. This dismissal would prevent the injured person from seeking money damages for injuries or property damage. When facing a potential claim, consulting with auto accident attorneys who handle hit and run matters can help ensure the action is filed on time.
Criminal vs. Civil Statutes of Limitations in Hit and Run Cases
Florida law addresses hit and run in two primary ways: through criminal prosecution and through civil claims for damages. Although both processes stem from the same event, they operate under different legal frameworks and distinct deadlines.
Criminal Prosecution
Under Florida Statutes Section 316.061, leaving the scene of a crash involving only property damage is a second-degree misdemeanor. If the accident leads to injury, it is a third-degree felony. In more severe situations—like when serious bodily injury or death occurs—the charges can escalate to a first-degree felony. Florida Statutes Section 775.15 generally sets the deadlines for criminal prosecutions, and these can differ from civil timelines. The state, through the prosecutor, determines whether to file criminal charges and seeks penalties such as fines or imprisonment.
Civil Claims
An injured victim can file a civil lawsuit seeking compensation for medical costs, lost wages, pain and suffering, and property damage. These claims are governed by Florida Statutes Section 95.11(3)(a). The deadline typically is two years for personal injury or property damage claims, and it begins on the date of the accident. The purpose of a civil claim is to secure financial recovery, not to impose criminal punishment.
Even if the state chooses not to press criminal charges, a victim still has the right to move forward with civil proceedings, as long as it is done within the applicable two-year limit. A consultation with a Broward County accident lawyer can help you with these proceedings.
Exceptions and Extensions
While Florida law is strict about deadlines, some exceptions may apply in certain circumstances. These exceptions can extend, pause, or modify the time limit to file. However, these rules are not automatic, and they often require thorough legal support to prove.
Tolling for Defendant’s Absence
Florida law can pause the two-year clock if the at-fault driver leaves the state for a significant period or intentionally conceals their identity. If the individual who caused the crash cannot be located, the court might allow more time to file. Establishing this often requires collecting evidence that the driver deliberately avoided service of process or left Florida for an extended period.
Minors and Incapacitation
If the injured person is a minor or is deemed mentally incapacitated, Florida law can extend the window to file. Minors typically have the two-year window start on their 18th birthday, but variations might exist depending on the circumstances.
Delayed Discovery Rule
In rare cases, the time limit can begin when the injury is discovered rather than when the incident happened. However, this typically applies more to medical malpractice and similar cases, not standard auto collisions. In a hit and run scenario, most injuries are immediately apparent.
Despite these potential exceptions, it is never wise to rely on them without full understanding. If you suspect your case may involve any of these factors, speak with an accident attorney in Broward County as quickly as possible.
Consequences of Failing to Meet the Deadline
Failing to file a lawsuit before Florida’s statute of limitations runs out can cause major problems for people hurt in a hit-and-run crash. Here are the top six consequences of missing that two-year time limit.
You Lose Your Right to Sue
If you do not file your case before the deadline, the court will likely refuse to hear it. As a result, you will no longer be able to hold the hit-and-run driver responsible in a legal claim. This means you lose your chance to ask for money damages through the court system. No matter how strong your evidence or how serious your injuries, a claim filed after the deadline is usually dismissed.
You Cannot Recover Medical Costs
Serious crashes often lead to big medical bills. From ambulance rides to hospital stays and follow-up care, these costs can add up quickly. When you cannot sue, you lose a key way to get money for these bills. Sometimes, an insurance policy (like uninsured motorist coverage) may help. But if you cannot file a lawsuit, you have fewer options for getting more funds if your bills go beyond what insurance covers.
You Miss Out on Lost Wage Compensation
If a hit-and-run driver caused your injuries, you might have had to stay home from work or work fewer hours. You also may have missed out on job benefits like promotions or bonuses. A personal injury claim can help you get paid back for lost wages and other work-related losses. But if you do not meet the statute of limitations, you will not be able to sue to recover that money. This can leave you struggling to pay bills or take care of other financial responsibilities while you heal.
You Cannot Claim Pain and Suffering Damages
Car crashes can cause more than just physical harm. Some people go through great emotional stress or mental distress due to their injuries. If the person who hurt you left the scene, you may feel even more upset. Normally, you can include pain and suffering damages in your lawsuit. But if you file too late, you lose your right to seek compensation for this harm.
You May Have to Pay for All Property Damage
Hit-and-run crashes can cause serious damage to vehicles. If your car needs major repairs or must be replaced, that can be very costly. When you cannot file a lawsuit, you will not be able to hold the driver responsible for those repair or replacement costs. While your own insurance might help, you could end up paying large amounts out of your own pocket if your coverage falls short.
You Lose Negotiating Power
Often, insurance companies take your claim more seriously when there is still time to sue. They know that if they do not offer a fair amount, you might go to court and ask a judge or jury for an even higher sum. Once the deadline passes, the insurer faces no threat of a lawsuit. This leaves you with little power to negotiate a fair settlement.
Working with an Attorney to Seek Compensation
If a driver flees the scene, victims might think there is little chance of identifying who caused the collision. Nonetheless, law enforcement investigations, surveillance footage, and witness testimony can sometimes locate the suspect. Even when the driver remains unknown, it may still be possible to pursue a claim through insurance.
Investigation
An auto accident attorney can work closely with investigators, law enforcement, and insurance adjusters to gather evidence. Whether that involves checking local business security cameras or interviewing witnesses, legal professionals can help bolster the victim’s case.
Insurance Negotiation
Insurance companies often examine the details thoroughly when the at-fault driver is unknown. They may question the authenticity of injuries or attempt to minimize the settlement. Collaborating with a car accident attorney helps ensure fair treatment, especially when liability is contested.
Medical Expenses and Ongoing Treatment
Many hit and run accidents result in costly medical bills. From immediate emergency room visits to long-term rehabilitation, victims should not be stuck with these expenses. Documenting each medical visit, prescription, or specialist referral builds a stronger case.
Extended Damages
Beyond medical expenses, victims might seek damages for lost wages, reduced earning capacity, and mental anguish. An auto accident property damage attorney will look at every potential loss to make sure no financial aspect is overlooked.
Securing compensation is possible even in situations that initially appear uncertain. Florida law aims to protect victims, and with proper counsel, many individuals receive the financial support they need to move forward.
Act Quickly to Protect Your Rights
Choose Netska Law Group for reliable and dedicated representation in your hit and run case. Florida’s statute of limitations can be strict, and timely legal action may protect your right to compensation for injuries and property damage. For help with auto collisions, get in touch now at 954.836.7530 or contact us today to take the first step in safeguarding your interests.
