A Relative Died in a Hialeah Crash: What to Do in the First Weeks

In the first weeks after a fatal crash in Hialeah, your family must secure the official crash report, avoid giving recorded statements to any insurance adjuster, preserve every bill and receipt, and begin the process of opening an estate, because only a court-appointed personal representative can file a Florida wrongful death claim. You generally have two years from the date of death to file suit under Florida law, so the clock is already running. An attorney can protect your family’s rights while you are still grieving.

How do we get the official crash report, and which agency filed it?

The law enforcement agency that responded depends on where the crash happened. For crashes on city streets like W 49th St, the Hialeah Police Department likely handled the report. For the Palmetto Expressway (SR 826), a limited-access highway, or a state road such as Okeechobee Road (US 27), it may be Miami-Dade Police Department or the Florida Highway Patrol. Under Florida Statute § 316.066, the crash report is confidential for 60 days, but the parties involved, their legal representatives, their insurers, and their attorneys can obtain it during that time. Request the report in writing from the correct agency as soon as possible. The report includes critical details: the at-fault driver’s insurance, speed, road conditions, and any citations issued. These facts help build your wrongful death claim. If unsure which agency responded, contact each one directly or ask a lawyer to confirm.

The driver fled the scene, does that change what we do?

If the driver who caused the death left the scene, they committed a first-degree felony under Florida Statute § 316.027. Report the hit-and-run immediately to Hialeah PD, Miami-Dade PD, or FHP, depending on location. Ask any witnesses to keep dashcam or phone video before leaving. Look for nearby businesses or traffic cameras along Okeechobee Road or the Palmetto corridor that might have captured the crash. When the at-fault driver is unidentified or uninsured, your family’s best chance of recovery may come from the deceased’s own uninsured motorist (UM) coverage, if it was not rejected in writing as required by Florida Statute § 627.727. Begin locating all auto insurance policies held by the deceased and any relatives who lived in the same household. For more guidance, see our hit-and-run guide.

The insurance adjuster is already calling, do we have to talk to them?

No. You have no legal obligation to give a recorded statement to the at-fault driver’s insurance company. Anything you say can be taken out of context or used to reduce your claim. Do not speak with the adverse insurer until you consult a lawyer. Your own insurer may require some cooperation under your policy terms, so ask an attorney before ignoring calls from your carrier. Learn more about this trap in our guide on recorded statements.

What insurance policies can actually pay after a fatal crash in Hialeah?

Multiple policies may apply. First, PIP (personal injury protection) under Florida Statute § 627.736 can cover up to $10,000 in medical bills if treatment began within 14 days of the crash and a doctor found an emergency medical condition; otherwise, it caps at $2,500. Because the person died, any pre-death medical care must meet the 14-day rule. Florida’s PIP law also provides a death benefit; confirm with an attorney how it applies in your case. PIP priority follows this order: the deceased’s own policy first, then a household relative’s policy. Bodily injury liability coverage on the at-fault driver’s policy is the primary source for wrongful death damages, but many drivers in Hialeah carry low limits or none at all. If that coverage is missing or insufficient, the deceased’s UM/UIM coverage (if not rejected in writing per Florida Statute § 627.727) can step in. Remember: “Florida is no-fault” applies only to PIP for initial medical costs, not to wrongful death claims against the at-fault driver.

What do we do with the funeral bills, medical bills, and every other receipt?

Save everything. Florida Statute § 768.21 allows recovery for funeral and burial expenses; medical bills incurred before death; loss of support and services; and, in qualifying cases, survivors’ pain and suffering. Gather these documents: funeral home invoices, cemetery or cremation receipts, hospital and ambulance bills, morgue or transport fees from the county medical examiner’s office, and several certified copies of the death certificate. Also collect the deceased’s recent pay stubs, tax returns, or proof of income, plus written accounts of household services they provided (like childcare or home maintenance). Photograph each document and store copies in a second location, a cloud drive or with a trusted relative. This paper trail proves your financial losses and strengthens your claim.

How do we open the estate, and why does it matter for the lawsuit?

Only the personal representative of the estate, appointed by the Miami-Dade County Circuit Court, Probate Division, has legal authority to file a wrongful death lawsuit under Florida Statute § 768.20. Survivors who may recover damages include the spouse, children, and sometimes parents, per Florida Statute § 768.21. To start probate: locate the will (if any) to see who was named representative; if there’s no will, Florida’s intestacy rules determine who can petition; then work with a Florida attorney to file in court. Once appointed, the representative receives Letters of Administration, which authorize legal action. Crucially, you generally have two years from the date of death to file suit under Florida Statute § 95.11. Missing the correct deadline ends your claim forever.

Frequently asked questions

How soon do I need to call a lawyer after my relative died in a Hialeah crash?
As soon as possible. Evidence disappears quickly, insurers act fast, and the two-year clock starts the day of death. A lawyer can secure the crash report, identify all insurance policies, and begin probate without adding stress during your grief.

Can I file the wrongful death claim myself, or do I need an estate?
You cannot file without an estate. Florida law requires that only the court-appointed personal representative bring the wrongful death lawsuit. Individual family members acting alone have no legal standing to sue.

The at-fault driver had no insurance, are we out of options?
Not necessarily. If the deceased had uninsured motorist (UM) coverage, and did not reject it in writing, that policy may provide compensation. Check all household auto policies immediately.

The crash happened on the Palmetto Expressway, does Hialeah PD handle it or someone else?
Likely not Hialeah PD. Limited-access highways like the Palmetto Expressway (SR 826) are typically patrolled by Florida Highway Patrol or Miami-Dade Police. Contact both agencies to confirm who filed the report.

Do we have to give a recorded statement to the insurance company?
No. You owe no statement to the at-fault driver’s insurer. Giving one without legal advice can harm your claim. Your own insurer may require cooperation, ask a lawyer before responding to any carrier.

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.