Hit by a Car in Hialeah? Here Is What to Do Right Now

Call 911 immediately if you are hurt. Stay at the scene and get the driver’s name, address, license plate, registration, and insurance information before doing anything else. Florida law gives you only 14 days from the crash to see a doctor or you permanently lose your Personal Injury Protection (PIP) benefits. Document everything you can at the scene and do not give the driver’s insurer a recorded statement before speaking with a lawyer.

What do I do in the first few minutes after being hit?

If you are injured, call 911 right away. Do not drive yourself to the hospital or tell EMS you are fine just to avoid paperwork. In Hialeah, any crash involving injury requires police response, and the city’s official guidance directs callers to dial 911 for emergencies. If you suspect a head, neck, or back injury, stay still until emergency medical services arrive. Moving too soon can worsen spinal injuries. For non-emergency questions after the fact, you can contact Hialeah Police through their non-emergency line, confirm the current number on hialeahfl.gov. If trauma is severe, EMS will take you to the nearest appropriate ER: Hialeah Hospital at 651 E 25th St or Palmetto General Hospital at 2001 W 68th St for most cases; Ryder Trauma Center at Jackson Memorial handles the most critical injuries. The 14-day PIP clock starts on the day of the crash, and the first medical records created at the ER show you met it and become central evidence in your claim.

Do I have to stay at the scene and what information do I need from the driver?

Yes, stay at the scene if you can. Florida law [Fla. Stat. § 316.062] requires every driver involved in a crash to stop and exchange information. Get the driver’s full name, home address, driver’s license number, vehicle registration, license plate, and insurance card. Do not accept vague answers or leave before you have this. If the driver flees after hitting you, that is a felony under [Fla. Stat. § 316.027]. Call 911 immediately and tell the dispatcher it is a hit-and-run with injuries. Note the vehicle color, make, model, and plate if you can. This felony classification matters because it triggers serious consequences and increases the chance of locating the driver. If this happened to you, read our guide on hit-and-run-miami-dade-what-to-do.

What should I photograph and what witnesses should I talk to?

Take photos while you are still at the scene. Capture the crosswalk markings, any pedestrian signals (showing “walk,” “don’t walk,” or flashing), the full vehicle and its license plate, road conditions, skid marks, debris, and your visible injuries. If the driver hands over their license or insurance card, photograph those too. Look for nearby businesses, traffic poles, or gas stations that may have surveillance cameras, their footage can be overwritten within days. Ask every witness for their name and phone number before people leave. Write down the responding officer’s name, badge number, and the crash report number, they will not remind you, but you will need it later. Strong scene documentation counters the common insurer tactic of saying, “If you were really hurt, you would’ve gone to the doctor right away.”

How do I get the crash report and what does it say?

Florida law [Fla. Stat. § 316.066] requires a written crash report for any collision causing injury. The report is confidential for 60 days but can be obtained during that time by the people involved, their insurers, or their lawyers. After 60 days, it becomes public. In Hialeah, you can get your crash report online through the Florida Crash Portal (floridacrashportal.gov) using the report number, date of crash, and vehicle or driver details. You can also request it in person from the Hialeah Police Records Unit, check hialeahfl.gov for current hours and fees. The report includes the officer’s observations, a diagram of the crash, any citations issued, and witness statements. Insurers rely heavily on this document, so review it carefully once you receive it.

Whose insurance pays my medical bills as a pedestrian, and what is the 14-day rule?

As a pedestrian, your own car insurance policy pays first under Florida’s PIP rules [Fla. Stat. § 627.736(4)(e)]. If you don’t own a car, the policy of a relative who lives with you comes next. Only if neither exists does the striking vehicle’s PIP coverage apply. Do not assume the driver’s insurance pays automatically, that myth costs many pedestrians their benefits. You must see a doctor within 14 days of the crash [Fla. Stat. § 627.736(1)(a)] or PIP pays nothing, not less, nothing. If a doctor diagnoses an emergency medical condition, PIP covers up to $10,000 of 80 percent of medical bills and 60 percent of lost wages. Without that diagnosis, the cap drops to $2,500. PIP does not cover pain and suffering. To seek compensation for those, your injury must meet Florida’s serious-injury threshold: permanent injury, significant and permanent scarring or disfigurement, or permanent loss of an important bodily function. Because Hialeah has one of the higher uninsured-driver rates in Miami-Dade, your own uninsured motorist (UM) coverage, if you have it, could be essential. Learn more about uninsured-motorist claims.

What should I avoid doing, and how long do I have to act?

Do not give a recorded statement to the at-fault driver’s insurance company before talking to a lawyer. Adjusters call quickly and use these statements to find reasons to deny or reduce your claim. Never sign a broad medical release that gives them access to your entire health history, limit releases to accident-related care only. You have two years from the date of the crash to file a negligence lawsuit if your injury occurred on or after March 24, 2023 [Fla. Stat. § 95.11]. Missing this deadline means your case can be dismissed forever, even with strong evidence. Insurers will also try to assign you partial fault to lower your recovery. Florida uses modified comparative negligence [Fla. Stat. § 768.81(6)], meaning your payout is reduced by your percentage of fault, but you are barred only if you are found more than 50 percent at fault. Before speaking to any insurer, get legal advice.

Frequently asked questions

Do I need my own car insurance to get PIP if I was hit as a pedestrian in Hialeah?
No. Your own auto insurance is first in line, but if you do not have one, the policy of a resident relative applies. Only if neither exists does the striking vehicle’s PIP pay. Many pedestrians wrongly assume they have no coverage, this order ensures most do.

What happens if I wait more than 14 days to see a doctor after being hit by a car?
You permanently lose all PIP benefits. It is not a reduction, it is zero. The 14-day rule is strict under [Fla. Stat. § 627.736(1)(a)], and courts enforce it even for serious injuries.

The driver who hit me had no insurance. Am I out of luck?
Not necessarily. If you carry uninsured motorist (UM) coverage on your own auto policy, it may pay for your injuries. UM coverage is optional in Florida but critical in areas like Hialeah with high uninsured rates.

Can I still recover damages if I was partly at fault for the crash?
Yes, as long as you are not more than 50 percent at fault. Florida reduces your recovery by your share of fault but does not block it entirely unless you exceed that threshold.

How do I get a copy of the police crash report after a Hialeah accident?
Use the Florida Crash Portal (floridacrashportal.gov) with your crash details, or request it in person from the Hialeah Police Records Unit. Confirm current procedures at hialeahfl.gov. Parties, insurers, and attorneys can access it even during the initial 60-day confidentiality period.

Related reading: A car hit me while I was walking or biking in Hialeah. What are my rights? · I was in a car accident in Hialeah. What do I do now?

Hurt in an accident in Hialeah? Call Wolfson & Leon at (305) 285-7071 for a free consultation. We speak Spanish, and there is no fee unless we win.