A new Florida law, HB 479, directly impacts the consequences for leaving the scene of a crash involving only damage to a vehicle or property. This change, set to take effect on October 1, 2025, gives courts the authority to order a driver to pay for the damages they caused and other existing penalties.
It’s a scenario that can happen to anyone. A moment of distraction in a tight parking garage, a scrape against a fence on a narrow street, or a minor tap in bumper-to-bumper traffic on I-95.
The initial reaction is often panic. Your heart races, and you might decide in that split second that has lasting consequences. The law in Florida is very clear about what a driver must do, and this new bill adds another layer of financial accountability.
What Florida Law Requires After a Crash with Property Damage
Florida law takes any crash seriously, even if it only involves property damage and no one is hurt. Under Florida Statute 316.061, the state outlines specific duties for drivers.
If you are involved in a crash that only damages another vehicle or property, you are legally required to:
- Immediately stop your vehicle at the scene of the crash or as close to it as possible without obstructing more traffic than necessary.
- Make an effort to find the owner or operator of the other vehicle or the owner of the damaged property.
- Provide your name, address, and vehicle registration number.
What if you cannot find the owner? This happens often in parking lots, like those at Sawgrass Mills or along the busy streets of downtown Fort Lauderdale. The law still requires you to act if the vehicle you hit is unattended.
You must locate a secure and obvious place on the damaged vehicle or property, such as under a windshield wiper, and leave a written note. The note needs to include your name, address, and your vehicle's registration number.
How HB 479 Strengthens the Penalties
Before this new law, the penalties for leaving the scene of a crash with property damage were already significant. The offense is classified as a second-degree misdemeanor. But lawmakers felt there was a gap in the system.
The person whose car or property was damaged often had to deal with the financial mess alone, fighting with insurance companies or paying out of pocket.
HB 479 directly addresses this by introducing mandatory restitution.
Let’s break down what that means.
- What is Restitution? Restitution is a legal term for a court order that requires a person convicted of a crime to pay back the victim for financial losses they suffered as a direct result of the crime. In this case, it means paying for the car repairs or property replacement.
- How it Works: Starting October 1, 2025, if a driver is convicted of leaving the scene, the judge may order them to pay restitution. This is not a fine paid to the state; it is a direct payment to the person whose property was damaged.
- An Added Consequence: This restitution payment is in addition to any other penalties. It does not replace the possibility of fines, probation, or points on your driver's license.
This change is designed to hold drivers more accountable and provide a more straightforward path for victims to be made financially whole. It emphasizes that the responsibility for the damage does not disappear just because a driver leaves the scene.
FAQ
What if I hit a fence, a mailbox, or a building instead of another car?
The law applies to all property, not just other vehicles. Whether you damage a fence, a traffic sign, a building, or a parked car, you have the same legal duty to stop and attempt to locate the owner or leave a note with your information.
How can the police find me if I leave the scene?
Law enforcement has several ways to investigate these incidents. They may use eyewitness accounts, pieces of your vehicle left at the scene, or security camera footage from nearby businesses or homes. Paint transfers can also help them identify the make, model, and color of the car involved.
Will my auto insurance cover the damages if I am charged with leaving the scene?
This depends entirely on your specific insurance policy. While your liability coverage may pay for the other person’s damages, the fact that you left the scene could be seen as a breach of your policy's cooperation clause.
Is leaving a note always enough to avoid a criminal charge?
Leaving a complete and visible note is a critical step in fulfilling your legal duty. However, you must also report the crash to the appropriate law enforcement agency promptly. Failing to do so could still potentially lead to a citation or charge.
What is the main difference between leaving the scene with property damage and leaving the scene of a crash with injuries?
The penalties are vastly different. Leaving the scene of an accident involving only property damage is a misdemeanor. If someone is injured, it can become a felony offense with much more severe consequences, including the possibility of a lengthy prison sentence, especially if the injury is serious.
Does this new restitution law apply to an accident that happens before October 1, 2025?
Generally, new laws are not applied retroactively. This means the new rule allowing judges to order restitution will likely only apply to offenses that occur on or after the law’s effective date of October 1, 2025.
Taking Control of Your Next Steps
Facing a charge for leaving the scene of an accident can feel like more than you can handle. You may worry about your freedom, finances, and future. It is a serious situation, but you don’t have to go into it blind.
The team at the Rossen Law Firm approaches every case with compassion and a commitment to protecting your rights.
For a conversation about your situation, call them at (754) 206-6200 to learn more about your options.