Hit by a Car in Hialeah With No Money? Here Is What to Do
You do not need money upfront to get a lawyer or to start paying your medical bills after being hit by a car in Hialeah. Personal injury attorneys, including those at Wolfson & Leon, take pedestrian cases on contingency, you pay no fee unless they recover money for you, and your first medical expenses may be covered by PIP insurance without you paying upfront. The single most urgent thing you must do is see a doctor within 14 days of the crash, or Florida law cuts off those medical benefits entirely.
You do not need money upfront to get a lawyer or to start paying your medical bills after being hit by a car in Hialeah. Personal injury attorneys, including those at Wolfson & Leon, take pedestrian cases on contingency, you pay no fee unless they recover money for you, and your first medical expenses may be covered by PIP insurance without you paying upfront. The single most urgent thing you must do is see a doctor within 14 days of the crash, or Florida law cuts off those medical benefits entirely.
Do I really pay nothing to hire a lawyer after being hit by a car?
Yes. At Wolfson & Leon, the consultation is free, and you pay no attorney fees unless we recover money for you. This is called a contingency fee. If there is no recovery, you owe nothing for legal services. However, if we do recover, the fee and any case costs, such as filing fees, expert reports, or medical record copies, come out of that amount. Medical providers may also place liens on your recovery, which means they get paid from the settlement before you receive your share. Ask your attorney to explain all possible deductions during your free consultation so you understand what you might take home. Our office is at 1840 W 49th St #734 in Hialeah, known locally as “la 49”, and Alfie Leon works directly with Hialeah clients. Most of our attorneys and staff speak Spanish, so language is never a barrier.
I have no car and no insurance, who pays my first medical bills?
Even if you own no car and carry no insurance, Florida law may still cover your medical bills through PIP. The order is strict: first, your own PIP policy pays; second, if you have none, the PIP of a relative who lives with you; third, only if neither exists, the PIP policy of the vehicle that struck you covers you as a Florida-resident pedestrian [Fla. Stat. § 627.736(4)(e)]. PIP is no-fault insurance, so it pays regardless of who caused the crash. It covers 80 percent of reasonable medical bills and 60 percent of lost wages, up to $10,000 if a doctor certifies an emergency medical condition, or up to $2,500 if not [Fla. Stat. § 627.736(1)(a)]. Go to Hialeah Hospital or Palmetto General Hospital, both open 24 hours. A single ER visit can use up your entire PIP limit, so contact a lawyer quickly to explore other sources like uninsured motorist coverage or liability claims.
Why does the 14-day deadline matter and what counts as treatment?
Adrenaline after a crash hides pain. Whiplash, concussions, and internal injuries often show up days later. If you wait more than 14 days to see a qualifying medical provider, your PIP insurance pays nothing, not even for serious injuries [Fla. Stat. § 627.736(1)(a)]. That window is absolute. Do not wait to “see if it gets better.” Treatment must begin within those 14 days to trigger your PIP benefits. The ER visit also creates the medical record your entire claim depends on. Go to Hialeah Hospital or Palmetto General right away. If you are unsure where to go or cannot get transportation, call Wolfson & Leon first. We can help connect you to care immediately.
What is the Hialeah Police crash report and why do I need to request it?
The Hialeah Police crash report is the official record made when officers respond to a collision. It includes diagrams, driver and witness statements, vehicle damage notes, and any citations issued. Insurance companies rely heavily on it, even though it is not final proof of fault. Under Florida law, crash reports are confidential for 60 days [Fla. Stat. § 316.066]. But during that time, you, your insurer, and your attorney can access it. After 60 days, it becomes public. The at-fault driver’s insurer can also obtain it and may rely on it when evaluating your claim. Request it from the Hialeah Police Department, or let your attorney obtain it for you right away. Do not wait, early access helps build your case before evidence disappears.
What if the driver who hit me had no insurance, am I out of luck?
No. Hialeah is believed to have one of the higher uninsured-driver rates in Miami-Dade County, though exact figures vary by source. Even if the driver had no insurance, your medical bills may still be covered by PIP under the priority order in [Fla. Stat. § 627.736(4)(e)]. Beyond that, you may have uninsured/underinsured motorist (UM) coverage through an auto policy in your household. UM is optional in Florida but must be rejected in writing, so many people have it without knowing [Fla. Stat. § 627.727]. UM pays for bodily injuries, not car repairs, and your own insurer may treat the claim like an opposing party and dispute your injuries. An attorney reviews every policy available at no cost to find all possible sources of recovery.
How long do I have to file a claim, and what happens to my case after that?
For crashes on or after March 24, 2023, you have two years from the date of the crash to file a lawsuit [Fla. Stat. § 95.11]. Miss that deadline and the court will almost certainly dismiss your case forever, no matter how strong it is. Two years sounds long, but skid marks wash away, store surveillance is deleted in days, and witnesses move or forget details. Also, to sue the at-fault driver for pain and suffering, your injury must meet Florida’s serious-injury threshold: permanent injury, significant scarring, or permanent loss of a bodily function [Fla. Stat. § 627.737(2)]. And yes, fault still matters. Florida uses modified comparative negligence: your recovery is reduced by your share of fault and barred only if you are more than 50 percent at fault [Fla. Stat. § 768.81(6)]. Schedule your free consultation at our W 49th St office, by phone, or even at your hospital bed if you’re still admitted. Our team speaks Spanish and will explain your rights clearly.
Frequently asked questions
Can I really get a lawyer if I have no money after being hit by a car in Hialeah?
Yes. Wolfson & Leon offers a free consultation and works on contingency, meaning no upfront fees. You only pay if we recover money for you, and if we do not recover, you owe nothing.
I don’t own a car and don’t have PIP insurance. Who pays my medical bills after being hit?
If you have no PIP and no household relative with PIP, the car that hit you may provide PIP coverage under Florida law [Fla. Stat. § 627.736(4)(e)]. This applies to Florida-resident pedestrians and pays medical bills regardless of fault.
What if I waited more than 14 days to see a doctor, is my case over?
Your PIP benefits are likely lost, but your personal injury claim against the at-fault driver may still exist if you meet the serious-injury threshold. Speak with an attorney right away to review your options.
Can the Hialeah Police crash report hurt my case?
It can, if it contains errors or misstates facts. Officers often arrive after the scene changes and rely on initial statements. An attorney can investigate further and challenge inaccuracies using photos, videos, or witness accounts.
Does ‘no-fault’ mean the driver who hit me isn’t responsible for my injuries?
No. “No-fault” only refers to your initial medical coverage through PIP. If your injury meets Florida’s permanent-injury threshold, you can still sue the at-fault driver for pain and suffering and other damages.
Related reading: A car hit me while I was walking or biking in Hialeah. What are my rights? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837 · The driver who hit me in Hialeah has no insurance. What now?
Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.
Key facts
- A pedestrian hit by a car in Florida who has no PIP policy of their own, and no relative with PIP living in the same household, may be covered by the PIP policy of the vehicle that struck them, meaning the striking car's insurance can pay initial medical bills without the pedestrian paying anything upfront. Source: Fla. Stat. § 627.736(4)(e)
- PIP pays 80 percent of reasonable medical bills and 60 percent of lost wages, up to $10,000 when a doctor certifies an emergency medical condition, or up to $2,500 if no emergency medical condition is found. Initial treatment must occur within 14 days of the crash or PIP pays nothing. Source: Fla. Stat. § 627.736(1)(a)
- Florida's statute of limitations for personal injury negligence claims arising on or after March 24, 2023 is two years from the date of the crash. Missing that deadline almost certainly ends the right to sue entirely. Source: Fla. Stat. § 95.11
- Hialeah Police crash reports are confidential for 60 days after the crash, but during that window they are available to the parties involved, their insurers, and their attorneys. Source: Fla. Stat. § 316.066
- Florida uses modified comparative negligence: a pedestrian's recovery is reduced by their share of fault and is barred only if they are more than 50 percent at fault. Source: Fla. Stat. § 768.81(6)
Frequently asked questions
Can I really get a lawyer if I have no money after being hit by a car in Hialeah?
Yes. Personal injury lawyers in Hialeah, including Wolfson & Leon, take pedestrian cases on a contingency fee, meaning you pay no attorney's fee unless they recover money for you. The initial consultation is also free. Keep in mind that when there is a recovery, attorney's fees, case costs, and any outstanding medical liens are deducted from that amount, ask about all deductions at your free consultation so there are no surprises.
I don't own a car and don't have PIP insurance. Who pays my medical bills after being hit?
Under Florida law, PIP coverage applies in a specific order: your own policy pays first, then a household relative's policy if you have none. If neither exists, the PIP policy of the vehicle that struck you may cover your initial medical bills as a Florida-resident pedestrian, under Fla. Stat. § 627.736(4)(e). PIP pays regardless of who caused the crash. An attorney can identify which policy applies to your situation at no cost to you.
What if I waited more than 14 days to see a doctor, is my case over?
Missing the 14-day window under Fla. Stat. § 627.736(1)(a) means PIP can deny your initial medical benefits entirely, regardless of how serious your injuries are. However, PIP is not your only potential source of recovery. You may still have a claim against the at-fault driver for damages beyond PIP, particularly if your injuries are permanent, and an attorney can evaluate what options remain. Contact a lawyer as soon as possible even if you have already passed 14 days.
Can the Hialeah Police crash report hurt my case?
The crash report can cut both ways. Insurance companies rely on it heavily, and if it contains inaccurate information, for example, a witness statement that misstates what happened, it can be used against you. Under Fla. Stat. § 316.066, the report is confidential for 60 days after the crash but is available to the parties and their attorneys during that window. Getting an attorney involved quickly means they can obtain the report, review it for errors, and begin building your side of the record before evidence disappears.
Does 'no-fault' mean the driver who hit me isn't responsible for my injuries?
No, this is a common myth. Florida's no-fault system means your own PIP coverage pays your initial medical bills regardless of who caused the crash, but it does not eliminate the at-fault driver's liability for your injuries. You can pursue the driver who hit you for losses PIP does not cover, and if your injury meets the threshold under Fla. Stat. § 627.737(2), generally a permanent injury, significant scarring, or permanent loss of an important bodily function, you can also claim pain and suffering.
This article is general information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. For advice about your situation, call Wolfson & Leon at 305-965-3766 for a free consultation.
Also available in: Versión en español
Pedestrian and bicycle accidents Contingency Fee Means No Attorney Fee, Not Necessarily No Case Costs
Yes, potentially. A contingency fee means your lawyer collects no attorney fee unless you recover money, but case costs, crash reports, medical…
Pedestrian and bicycle accidents Do Pedestrian Accident Attorneys in Hialeah Work on Contingency?
Yes. Wolfson & Leon handles Hialeah pedestrian accident cases on a pure contingency basis: you pay no attorney fee upfront, and you owe no attorney…
Pedestrian and bicycle accidents My Child Was Hit by a Car in Hialeah: What Parents Must Do First
Get your child to a doctor or emergency room the same day, Florida's PIP law cuts off all medical benefits if initial treatment does not happen…