Florida Car Accident Statute of Limitations
Florida Car Accident Statute of Limitations: What You Need to Know
When you’re involved in a car accident in Florida, time is not on your side. From medical bills to vehicle repairs and insurance claims, there are many moving parts. But perhaps the most crucial legal detail to remember is the statute of limitations for filing a car accident lawsuit in Florida. If you wait too long, you could lose your right to pursue compensation entirely.
“Time is not on your side after a car accident. In Florida, you have just two years to file a lawsuit—and that clock starts ticking the moment the crash happens. Miss that deadline, and you could lose your right to recover compensation forever. Don’t wait. Speak with a car accident attorney now so you can protect your rights before it’s too late.”
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What Is the Statute of Limitations for Car Accidents in Florida?
The statute of limitations is a legal deadline for filing a lawsuit. In Florida, the statute of limitations for most car accident cases is two years from the date of the accident. This means that if you were injured in a car crash on January 1, 2025, you would have until January 1, 2027, to file a lawsuit.
This two-year deadline applies to personal injury claims related to car accidents. If you fail to file your lawsuit within this time frame, the court will likely dismiss your case, no matter how strong your claim may be.
Property Damage Claims
If you’re only seeking compensation for vehicle damage or other property loss, Florida provides four years from the date of the accident to file a property damage lawsuit. This distinction is important because different claims carry different deadlines.
Why the Statute of Limitations Matters
Ignoring the statute of limitations can cost you your right to legal recovery. Here are several reasons why understanding this deadline is critical:
- Loss of legal rights: Once the deadline passes, you can no longer file a lawsuit.
- Insurance leverage: Insurance companies are less likely to negotiate a fair settlement if they know you’re out of time to sue.
- Preservation of evidence: Acting quickly helps preserve important evidence and witness testimony.
- Medical documentation: Timely action ensures that your injuries are well-documented and connected to the accident.
Exceptions to Florida's Car Accident Statute of Limitations
While the general rule is two years for personal injury claims, there are exceptions that can extend or shorten the deadline. Knowing these exceptions is key to protecting your rights.
- Injured Minors: If the injured person is a minor, the statute of limitations may be paused (“tolled”) until the minor reaches the age of 18. However, there are still limits, and parents or guardians should consult with a legal professional early.
- Delayed Discovery of Injury: In some rare cases, injuries from a car accident may not be discovered immediately. If the injury was not apparent and could not have reasonably been discovered earlier, the statute of limitations may begin when the injury is discovered.
- Wrongful Death: If a loved one dies due to injuries from a car accident, the statute of limitations for a wrongful death claim in Florida is two years from the date of death, which may differ from the date of the accident.
- Government Vehicles: If you were hit by a government vehicle (e.g., city bus, police car), special rules and shorter notice deadlines may apply. You generally have to file a notice of claim within three years, and a lawsuit can only be filed after a 180-day investigation period.
Steps to Take After a Florida Car Accident
To preserve your right to compensation, follow these critical steps after a crash:
- Seek medical attention immediately – Even if injuries seem minor, documentation is vital.
- Report the accident – File a police report as required under Florida law.
- Gather evidence – Take photos, collect witness statements, and keep all documentation.
- Notify your insurance company – Florida is a no-fault state, so your PIP insurance will cover initial medical expenses.
- Track your deadlines – Mark your calendar with the statute of limitations based on your accident date.
- Contact a Florida car crash lawyer.
What Happens If You Miss the Deadline?
Missing the statute of limitations typically means your case will be dismissed. The defendant can file a motion to dismiss the lawsuit based on the expired deadline, and courts almost always grant it. In some rare cases, such as fraud or concealment, the court might allow an exception, but this is not common.
To avoid this outcome, take action early and know exactly when your legal clock started ticking. A Florida car accident lawyer can assist with filing a lawsuit to protect your case.
FREQUENTLY ASKED QUESTIONS
Yes. Florida follows a modified comparative fault system. As long as you’re less than 50% at fault, you can still recover damages, though your compensation will be reduced by your percentage of fault.
Florida drivers must carry Personal Injury Protection (PIP), which covers medical expenses and some lost wages regardless of who caused the crash. For serious injuries, you may step outside no-fault and file a claim against the at-fault driver.
No. The statute of limitations applies to lawsuits, not insurance claims. However, insurance companies also have their own deadlines, which are often much shorter. Report your accident to your insurer immediately.
This is common. Some injuries take time to develop. Always seek medical attention as soon as symptoms appear, and remember that the clock starts ticking on the date of the accident, not the date your symptoms begin, unless the delayed discovery rule applies.
Not always. Many car accident claims are settled out of court. However, the ability to file a lawsuit gives you the leverage you need to negotiate a fair settlement.
Protecting Your Legal Rights After a Florida Car Crash
Understanding the Florida car accident statute of limitations is one of the most important aspects of protecting your legal rights. Whether you’re dealing with medical bills, lost wages, or property damage, filing your claim or lawsuit on time is non-negotiable.
While Florida law generally gives you two years to file a personal injury lawsuit and four years for property damage, certain circumstances may shorten or extend that period. Acting quickly ensures that you retain all legal options and improve your chances of a successful recovery.
Contact Us for a Free Consultation
Time can move quickly after a car accident. Between doctor visits, dealing with insurance adjusters, and trying to get your life back on track, it’s easy to overlook critical deadlines. But missing the Florida statute of limitations for car accidents can end your chance to get the compensation you deserve.
Whether your injuries are minor or severe, understanding your rights and acting swiftly is essential. Don’t delay. Make sure you’re informed, organized, and prepared to take the necessary steps within the legal timeframe.
Call Attorney Andrew Graves at (407) 308-0327 or fill out the free case consultation form so we can start working today.