Hit by a Car While Walking in Hialeah: What Is the First Step?

Hit by a car while walking in Hialeah? The first step is medical care, even if you feel fine enough to walk away. Florida law requires treatment within 14 days of the crash or you forfeit access to your Personal Injury Protection (PIP) benefits entirely. After that, confirm a police report was filed and get the report number. Then call a lawyer before you give any recorded statement to an insurance adjuster, because that statement can be used to reduce or deny your claim.

Why does medical care come first, even if I feel okay?

Adrenaline after a crash hides pain. You might think “I’m okay,” but internal injuries or soft tissue damage often show up days later. Insurers know this and will argue a delay in treatment means your injuries were not serious or not caused by the crash. Under Florida law [Fla. Stat. § 627.736(1)(a)], you must receive medical treatment within 14 days or PIP pays nothing toward bills or missed work. This deadline has no exceptions. If a doctor documents an emergency medical condition, PIP covers 80 percent of reasonable medical bills and 60 percent of lost income up to $10,000. Without that finding, the cap drops to $2,500. Go to Hialeah Hospital, Palmetto General Hospital, or an urgent care within two weeks. This is not optional, it is what protects your right to get help paid for.

How do I make sure there is a police report, and why does the report number matter?

The crash report is the official record of who was involved, where it happened, and what the officer saw. It may include statements from witnesses, road conditions, and whether the driver was cited. You need the report number so your lawyer and insurer can request a copy. Under Florida law [Fla. Stat. § 316.066], the report is confidential for 60 days except to the people in the crash, their insurers, and their attorneys. That means your lawyer can get it right away, even while the investigation is open. In Hialeah, reports may be taken by the Hialeah Police Department or the Miami-Dade Sheriff’s Office depending on location. Ask the responding officer for the case number before you leave. If no report was made at the scene, you can often file one later at the relevant agency.

Why do I call a lawyer before I talk to the insurance company?

The other driver’s insurance company is not trying to help you. Their adjuster may ask questions that sound harmless but whose answers can be used to lower or deny your claim. You have no legal duty to give a recorded statement to the other side’s insurer. People often think “should I send them my discharge paperwork and just move forward” or “do I need a lawyer?”, but one unguarded conversation can hurt your case permanently. Signing a release without understanding its terms ends your right to future claims, even if new injuries appear later. Wolfson & Leon phones are answered by a person 24 hours a day, 7 days a week. We have Spanish-speaking attorneys and staff, and we can stop adjuster calls before they start.

What does the lawyer actually do in the first days after I call?

Your lawyer identifies every insurance policy that may owe you benefits. Under Florida law [Fla. Stat. § 627.736(4)(e)], your own PIP coverage pays first. If you don’t have a car policy, a resident relative’s PIP may cover you. Only if neither exists does the striking driver’s PIP apply to you as a pedestrian. Many drivers in Florida carry no bodily injury liability coverage, but if you have uninsured/underinsured motorist (UM/UIM) coverage on your own policy, it may pay your damages [Fla. Stat. § 627.727]. UM/UIM is optional but must be rejected in writing; if you never signed a rejection, you likely have it. Your lawyer also sends evidence-preservation letters immediately. Businesses near Okeechobee Road or the Palmetto Expressway can overwrite surveillance footage within days. Acting fast saves critical proof.

Do I have to wait for the police investigation to finish before I can move forward?

No. Your civil claim runs separately from any criminal or administrative investigation. Even during the 60-day confidentiality window under [Fla. Stat. § 316.066], your lawyer can obtain the crash report because you are a party to the incident. Evidence collection, medical billing coordination, and insurance claims can all begin right away. In hit-and-run cases, where the investigation may take months, your lawyer can still pursue a UM claim through your own policy while the search continues. You do not need to sit and wait. Delaying only risks losing time-sensitive evidence or missing benefit deadlines.

How long do I have, and what does the first call cost?

For crashes on or after March 24, 2023, you have two years from the date of the crash to file a personal injury lawsuit in Florida [Fla. Stat. § 95.11]. If you miss this deadline and no rare exception applies, your right to sue is gone forever. Do not assume you can “file later”, the clock starts ticking the day you are hit. The first call to Wolfson & Leon costs nothing. We offer a free consultation and work on contingency: you pay no attorney fee unless we recover money for you. Our phones are answered by a person 24/7, and we have Spanish-speaking attorneys and staff ready to help. Call now, not when you think you’re ready.

Frequently asked questions

What if the driver who hit me has no insurance?
Your own uninsured motorist (UM) coverage may apply, if you have it. Florida does not require drivers to carry bodily injury liability insurance, so many do not. If you never formally rejected UM coverage in writing, it is likely part of your auto policy, even though you were on foot.

I walked away from the crash, do I still need to see a doctor right away?
Yes. Walking away does not mean you are uninjured. Florida’s 14-day PIP rule is strict: no treatment within 14 days means no PIP benefits, period. See a doctor even if you feel fine.

The insurance adjuster called me the same day, can I just answer a few questions?
Do not speak to the other driver’s insurer without a lawyer. Their goal is to limit what they pay. Anything you say can be used against you later. Tell them you are retaining counsel and direct all calls to your attorney.

Can I get compensation if I was partly at fault, for example, if I was not in a crosswalk?
Florida uses modified comparative negligence. You can still recover if you are 50 percent or less at fault, but your award is reduced by your share of blame. If you are more than 50 percent at fault, recovery is barred. A lawyer can assess how fault may be assigned based on the facts.

How long do I have to file a lawsuit after being hit by a car in Hialeah?
Two years from the date of the crash for incidents on or after March 24, 2023 [Fla. Stat. § 95.11]. This deadline is firm. Talk to a lawyer well before it expires to preserve your rights.

Related reading: A car hit me while I was walking or biking in Hialeah. What are my rights? · The other driver’s insurance adjuster wants a recorded statement. Do I have to give one? · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837 · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident

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.