Florida Car Accident Statute of Limitations

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Florida Car Accident Statute of Limitations

Florida law sets a deadline for filing a car accident lawsuit. Miss it, and you permanently lose your right to recover compensation, regardless of how serious your injuries are, how clearly the other driver was at fault, or how much your damages are. Understanding exactly how this deadline works, when it starts, and what can extend or shorten it is essential to protecting your legal rights after a Florida car accident.

This page explains the statute of limitations for Florida car accident claims, the changes made by HB 837 in 2023, the exceptions that can modify the deadline, and the practical reasons why acting well before the deadline is critical. Call Graves Law at (407) 308-0327 for a free consultation.

If you have been injured in a car accident in Florida, it is important to understand how long you have to bring a personal injury claim. Florida law imposes deadlines that can limit or completely prevent your ability to recover compensation if you wait too long. The applicable deadline can depend on the circumstances of the accident, the type of claim, and the parties involved. If you are unsure whether the statute of limitations has expired or how much time remains to pursue your claim, an attorney can review the facts of your accident and explain your legal options.

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Florida Car Accident Deadlines

Florida car accidents have specific deadlines that must be followed in order to make a claim. This page explains exactly how the statute of limitations works in Florida car crash cases when it starts, what extends it, and what to do if you are concerned that a deadline may have passed.

Deadline / Obligation	Timeframe	Statute
Personal injury lawsuit — post-March 24, 2023	2 years from date of crash	§ 95.11(3)(a) as amended by HB 837
Personal injury lawsuit — pre-March 24, 2023	4 years from date of crash	Fla. Stat. § 95.11(3)(a) prior version
Property damage lawsuit	4 years from date of crash	Fla. Stat. § 95.11(3)(j)
Wrongful death lawsuit	2 years from date of death	Fla. Stat. § 95.11(4)(d)
PIP claim — initial treatment	14 days from crash date	Fla. Stat. § 627.736(1)(a)
Government vehicle — pre-suit notice	3 years from incident date	Fla. Stat. § 768.28(6)(a)
Uninsured minor — tolled until age 18	2 years after 18th birthday (or less)	Fla. Stat. § 95.051(1)(a)

The Two-Year Statute of Limitations — How HB 837 Changed Florida Law

Effective March 24, 2023, Florida House Bill 837 amended Florida Statute § 95.11(3)(a) to reduce the statute of limitations for negligence-based personal injury claims from four years to two years. Car accident personal injury claims are negligence claims under Florida law and are therefore subject to the two-year limitation for all crashes occurring on or after March 24, 2023.

The cutoff date matters. If your crash occurred before March 24, 2023, the prior four-year limitation applies. If your crash occurred on or after March 24, 2023, you have two years from the date of the crash to file your personal injury lawsuit.

Which Statute of Limitations Applies to Your Crash?

Crash before March 24, 2023: You have 4 years from the crash date to file a personal injury lawsuit.

Crash on or after March 24, 2023: You have 2 years from the crash date to file a personal injury lawsuit.

Property damage only (no personal injury): You have 4 years regardless of crash date.

Wrongful death: You have 2 years from the date of death regardless of crash date.

When in doubt, treat the deadline as 2 years and act before then.

WORRIED YOU MAY BE RUNNING OUT OF TIME?

Do not wait until the deadline is approaching to find out whether you still have a valid car accident claim. Contact Graves Law for a free case evaluation and learn what deadlines may apply to your case. Call or Text 407-308-0327 today for a free case evaluation. You pay no attorney fee unless we recover compensation for you.

When Does the Two-Year Clock Start Running?

In a standard car accident claim, the statute of limitations begins running on the date of the crash. If you were injured on August 1, 2025, your lawsuit must be filed on or before August 1, 2027. The clock does not start from when you first sought medical treatment, when you were diagnosed with a specific injury, or when you first realized the full extent of your injuries.

This is critically different from the workers’ compensation and medical malpractice contexts, where the discovery rule plays a larger role. In most car accident cases, the crash itself is the triggering event regardless of when you learn the full extent of your injuries. The exceptions to this general rule are narrow and discussed below.

Property Damage Claims — Four-Year Deadline

If you are pursuing only property damage, meaning compensation for your vehicle and personal property without a personal injury component, Florida Statute § 95.11(3)(j) provides a four-year statute of limitations. This four-year property damage deadline was not changed by HB 837. It applies regardless of when the crash occurred.

In practice, most significant car accident claims include both personal injury and property damage. The shorter two-year personal injury deadline governs the overall case timeline. Property damage claims that arise in the context of a personal injury case should be pursued within the personal injury timeline to keep the entire case coordinated.

Wrongful Death Claims — Two Years From Date of Death

If a family member was killed in a Florida car accident, the statute of limitations for a wrongful death claim is two years from the date of death under Florida Statute § 95.11(4)(d). The date of death, not the date of the crash, controls the deadline. In cases where a crash victim survives for days, weeks, or months before dying from crash-related injuries, the two-year wrongful death clock begins from the date of death, not from the crash.

Note that the estate may have a separate personal injury claim for the deceased’s own pain and suffering from the crash to the date of death. That claim is governed by the personal injury statute of limitations running from the crash date, not the date of death. Both claims should be filed within the shorter of the two applicable periods to avoid complications.

Government Vehicle Crashes — Pre-Suit Notice Required

If you were struck by a vehicle owned or operated by a Florida government entity, including a city bus, a police car, a county maintenance vehicle, or a state agency vehicle, special procedural requirements apply before you can file a lawsuit.

Under Florida Statute § 768.28(6)(a), a claimant must present a written notice of claim to the relevant government agency before filing suit. The notice must be filed within three years of the date of the incident for personal injury claims. The government agency then has six months to investigate and respond. A lawsuit cannot be filed until either the agency denies the claim or six months pass without a response.

The three-year notice period under § 768.28(6)(a) is separate from the personal injury statute of limitations. However, the personal injury lawsuit, once the pre-suit notice requirements are satisfied, must still be filed within the applicable statute of limitations under Florida Statute § 95.11. Claimants who wait too long to file the pre-suit notice may find that the six-month investigation period pushes them past the personal injury limitation period. Government vehicle crash claims should be initiated immediately.

Florida Statute § 768.28(5) also caps the amount that can be recovered from a government entity in a personal injury claim at $200,000 per person and $300,000 per occurrence without legislative approval for amounts above those caps.

HAVE QUESTIONS ABOUT YOUR CAR ACCIDENT CASE?

If you are unsure whether you can still file a claim, or you believe you may be nearing the Florida car accident statute of limitations, we can help. Graves Law can review your situation and discuss the options available to you. Call or Text 407-308-0327 today for a free case evaluation. You pay no attorney fee unless we recover compensation for you.

Exceptions That Can Extend the Statute of Limitations

Florida law provides a few exceptions to the statute of limitations. Read on to determine if any of the exceptions apply to extend the deadline for your Florida auto accident case.

Minors

Florida Statute § 95.051(1)(a) tolls the statute of limitations for claims by minors during the period of minority. A minor is a person under the age of 18. The limitation period does not run against a minor plaintiff during the years before the minor turns 18. Once the minor turns 18, the limitation period begins running.

For a minor injured in a car crash, the two-year statute of limitations for the minor’s own personal injury claim is tolled until the minor turns 18, at which point the minor has two years to file. However, a parent’s derivative claims, including claims for medical expenses paid on the minor’s behalf and loss of consortium, are not tolled and must be filed within the standard limitation period running from the crash.

Mental Incapacity

Florida Statute § 95.051(1)(b) tolls the statute of limitations if the injured party is adjudicated mentally incompetent at the time of the injury. The tolling continues for as long as the incapacity continues or until a legal representative is appointed. This exception is narrow and requires formal adjudication of incompetence, not merely severe injury that impairs judgment.

Fraud or Concealment

Florida Statute § 95.051(1)(f) tolls the statute of limitations when the defendant fraudulently conceals the cause of action from the plaintiff. This exception applies when the at-fault party actively hid facts that prevented the injured party from discovering the claim. Passive nondisclosure is generally not sufficient. In car accident cases, this exception might apply if a hit-and-run driver who was later identified had taken affirmative steps to conceal their identity. The tolling ends when the injured party discovers or should have discovered the concealed facts.

The Delayed Discovery Rule — Limited Application in Car Accidents

Florida generally follows the rule that the statute of limitations begins running on the date of the crash, not on the date the injured party discovers the full extent of their injuries. This differs from the discovery rule in medical malpractice and product liability contexts where the injury may not be attributable to any specific event at the time it occurs.

In car accident cases, the delayed discovery rule has very limited application because the crash itself is an obvious, identifiable event. Courts have declined to apply the discovery rule to extend the limitation period simply because an injured party did not realize how serious their injuries would become, or because a treating physician did not diagnose the full extent of the injury until later. The two-year clock runs from the crash regardless of when diagnosis is complete.

The Statute of Limitations and Insurance Claims Are Different

A critical distinction that many people miss: the statute of limitations governs when a lawsuit must be filed in court. It does not govern when an insurance claim must be filed. Insurance claims have separate deadlines established by your insurance policy and Florida law.

For Florida PIP coverage, Florida Statute § 627.736(1)(a) requires that initial medical treatment be obtained within 14 days of the crash. Missing the 14-day treatment rule bars PIP coverage entirely and has nothing to do with the two-year lawsuit deadline. Both deadlines must be met independently.

For bodily injury liability claims against the at-fault driver’s insurer, there is no separate statutory deadline for filing the insurance claim itself, but unreasonable delay in notifying the insurer can create practical problems including loss of evidence and insurer arguments about prejudice. Notify all relevant insurers promptly after a crash regardless of when you plan to pursue a lawsuit.

Why the Practical Deadline Is Earlier Than Two Years

While the legal deadline is two years from the crash, the practical deadline for taking meaningful action is much earlier. Waiting until the limitation period is about to expire creates serious problems:

Physical evidence disappears rapidly. Dashcam footage is overwritten within 24 to 72 hours. Surveillance video from nearby businesses is overwritten within days to weeks. Vehicle electronic data, including airbag control module data, may be overwritten if the vehicle is repaired or totaled.
Witnesses move and their memories fade. Eyewitness testimony is often decisive in disputed liability cases. Witnesses who are readily identifiable at the scene become much harder to locate after months or years.
Medical records require time to obtain and analyze. Building the medical evidence of injury severity, causation, and permanence takes time, particularly for injuries that require months of treatment before reaching maximum medical improvement.
Insurance companies act immediately. The at-fault driver’s insurer begins its investigation the day the crash is reported. Waiting gives the insurer time to build a defense while your evidence degrades.
Settlement leverage exists throughout the pre-suit period. The credible threat of a lawsuit gives injured parties leverage in settlement negotiations. That leverage diminishes as the statute of limitations approaches because the insurer knows time is running out on your ability to file.
Attorney preparation takes time. A thorough investigation, including accident reconstruction, medical expert analysis, and damages documentation, cannot be rushed.

As time passes, it’s important to have gathered all the relevant documentation related to the car accident.

What Happens If You Miss the Statute of Limitations

If you file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss or a motion for summary judgment based on the expired limitation period. Courts grant these motions in virtually all cases where the deadline has clearly passed and no exception applies. The result is permanent dismissal of your case with no right to refile.

Courts do not excuse late filings because the plaintiff was unaware of the deadline, because the injuries turned out to be more serious than expected, or because settlement negotiations were ongoing. The deadline is hard and is enforced regardless of equitable considerations.

If you are concerned that your statute of limitations may be approaching or may have expired, contact Graves Law immediately. Do not assume the claim is permanently barred without a legal analysis of whether any exception or tolling provision applies.

Frequently Asked Questions

How long do I have to file a car accident lawsuit in Florida?

Two years from the date of the crash for crashes occurring on or after March 24, 2023, under Florida Statute § 95.11(3)(a) as amended by HB 837. Four years for crashes occurring before March 24, 2023. Four years for property damage only claims under § 95.11(3)(j).

Did HB 837 change the Florida car accident statute of limitations?

Yes. Effective March 24, 2023, HB 837 reduced the personal injury statute of limitations from four years to two years. This applies to all crashes occurring on or after March 24, 2023. Crashes before that date are still governed by the four-year limitation.

Does the two-year deadline apply to making an insurance claim?

No. The two-year statute of limitations applies to filing a lawsuit in court. Insurance claims have separate deadlines set by your policy and Florida law. The most important insurance deadline is the 14-day PIP treatment rule under Florida Statute § 627.736(1)(a), which is completely separate from the lawsuit deadline.

What if the car that hit me was a government vehicle?

Special rules apply. Under Florida Statute § 768.28(6)(a), you must file a written notice of claim with the government agency within three years of the incident before you can sue. The agency has six months to respond. The personal injury lawsuit must still be filed within the applicable statute of limitations once the pre-suit requirements are satisfied.

Can I still recover if I was partly at fault?

Yes, if you are 50 percent or less at fault. Florida’s modified comparative fault system under Florida Statute § 768.81 reduces your recovery by your percentage of fault. If you are more than 50 percent at fault, you cannot recover under HB 837.

What if I was a minor when the crash happened?

The statute of limitations is tolled during minority under Florida Statute § 95.051(1)(a). The two-year period generally begins running when the minor turns 18. However, a parent’s claims for medical expenses paid on the minor’s behalf and other derivative claims are not tolled and must be filed within the standard limitation period.

Should I wait until my treatment is complete before filing?

You should consult an attorney well before your treatment is complete. While settlement negotiations typically do not conclude until you reach maximum medical improvement so that damages can be fully quantified, the legal investigation, evidence preservation, and case building must begin much earlier. Waiting until treatment is complete and then beginning the legal process creates the risk that the statute of limitations may expire before the case is ready.

Contact Graves Law

Don’t delay. If you are unsure about the statute of limitations for your Florida car accident case or whether your claim is still timely contact Graves Law for a free case evaluation. An accident attorney can review the circumstances of your injury, explain the deadlines that may apply to your claim, and discuss your legal options. Do not wait until the deadline has passed to seek legal advice. Call Attorney Andrew Graves at 407-308-0327 or fill out our free case consultation form so we can start working today. We will explain your rights, evaluate your case, and discuss next steps at no charge.