What is the Filing Deadline for a Florida Car Accident Lawsuit?
The general statute of limitations for recent Florida personal injury lawsuits, including car accident cases, is two years from the date of the accident. However, some circumstances may apply and change that deadline. Talk to an experienced car accident lawyer to understand your legal options.
Important update: Florida law changed on March 24, 2023. Most car accident victims now generally have two years, not four, to file a negligence lawsuit. If your claim accrued after March 24, 2023, the new two-year deadline applies. Florida's Legislature made this change through HB 837.
Understanding the statute of limitations for a car accident in Florida is important because missing the applicable deadline can prevent you from pursuing your claim in court. Insurance deadlines and special circumstances can also affect how much time you have to pursue compensation.
Table Of Contents
- What is the Filing Deadline for a Florida Car Accident Lawsuit?
- Table Of Contents
- Key Takeaways About Florida Car Accident Statutes of Limitations
- What Is a Statute of Limitations for a Florida Car Accident?
- How Long Do You Have to File a Car Accident Lawsuit in Florida?
- How Else Did HB 837 Affect Florida Car Accident Claims?
- Can Anything Pause Florida's Two-Year Car Accident Deadline?
- Insurance Deadlines Are Different From Florida's Car Accident Statute of Limitations
- Why You Should Not Wait Until the Two-Year Deadline
- Florida Car Accident Deadline FAQs
- Talk to the Frankl Kominsky Injury Lawyers Team to Find Out How Much Time You Have to File a Car Accident Lawsuit
Key Takeaways About Florida Car Accident Statutes of Limitations
- Florida generally gives you two years to file a negligence lawsuit for a car accident claim that accrued after March 24, 2023.
- Claims that accrued on or before March 24, 2023, may remain subject to Florida's previous limitations period because HB 837's two-year amendment applies prospectively.
- Filing an insurance claim is different from filing a lawsuit and does not necessarily stop the statute of limitations.
- Florida recognizes limited circumstances that can toll a statute of limitations, but you should not assume an exception applies.
- Other claims arising from the same accident, including PIP, UM/UIM, and property damage matters, can have different deadlines.
What Is a Statute of Limitations for a Florida Car Accident?
A statute of limitations is the legal deadline for filing a lawsuit in court. For most Florida car accident cases, the relevant lawsuit is a negligence action against the person or party allegedly responsible for the collision.
The current version of Florida Statutes § 95.11 establishes a two-year limitations period for actions founded on negligence. That time period begins when the cause of action accrues, usually on the date of the crash.
What Happens If You Miss the Florida Car Accident Lawsuit Deadline?
Missing the applicable statute of limitations can prevent an otherwise valid lawsuit from proceeding. The defendant can raise the expired limitations period as a defense, and the court will likely dismiss the lawsuit.
That means you will not be allowed to present evidence showing another driver caused the collision after the filing deadline has passed. It also means you cannot hold a negligent driver responsible for your financial losses.
It is crucial to determine the deadline early to prevent a calendar issue from deciding the outcome of your claim.
Is Filing an Insurance Claim the Same as Filing a Lawsuit?
No. An insurance claim and a lawsuit are separate processes.
An insurance claim generally involves notifying a carrier, providing supporting information, and seeking payment under available coverage. A lawsuit begins when the appropriate legal action is filed with the court.
Negotiating with an insurance adjuster does not necessarily stop the statute of limitations from running. You must be careful not to miss your lawsuit filing deadline even while an insurance claim remains under review.
How Long Do You Have to File a Car Accident Lawsuit in Florida?
For negligence claims accruing after March 24, 2023, you generally have two years to file a Florida car accident lawsuit. HB 837 amended Florida’s previous law to reduce the negligence limitations period from four years to two.
What If Your Florida Car Accident Happened Before March 24, 2023?
A claim that accrued before March 24, 2023, may be governed by Florida's prior four-year statute of limitations rather than today's two-year rule. The fact that Florida law now provides only two years does not mean HB 837 retroactively shortened every existing negligence claim.
If your accident occurred around the effective date of HB 837, a car accident attorney in Jensen Beach can determine which version of the law governs your case.
When Does the Two-Year Car Accident Deadline Start?
For a typical collision involving an immediate injury, the accident date is generally the critical date for calculating the statute of limitations. You should not assume the limitations period starts when you recognize the full extent of your injuries or decide to pursue compensation.
How Else Did HB 837 Affect Florida Car Accident Claims?
HB 837 did more than shorten the Florida car accident lawsuit deadline. The 2023 legislation made several significant changes affecting negligence and insurance disputes.
For injured motorists, understanding those changes can be important when evaluating fault, negotiating with insurers, and developing a litigation strategy.
Florida Changed From Pure to Modified Comparative Fault
Florida now follows a modified comparative fault rule for most negligence actions.
Under Florida Statutes § 768.81, a person who is found more than 50% responsible for the situations that caused their own harm generally cannot recover damages from anyone else. A claimant who is 50% or less at fault can still receive compensation from other negligent parties, but it will be reduced according to the injured person’s assigned percentage of responsibility.
That makes disputed fault particularly significant in car accident cases.
Why Do the HB 837 Changes Make an Early Case Evaluation so Important?
Current Florida law creates significant consequences around both time and fault. You generally have less time to file a negligence action than under the former law, and being found more than 50% responsible for the collision can bar recovery in covered negligence cases.
When you partner with a dedicated car accident attorney in Port Salerno soon after the crash, it gives them more time to identify deadlines, examine disputed fault, preserve evidence, and evaluate all available insurance coverage.
Can Anything Pause Florida's Two-Year Car Accident Deadline?
Florida recognizes certain circumstances that can toll, or pause, the statute of limitations. However, these exceptions are specifically defined by law.
Florida Statutes § 95.051 identifies Florida's statutory tolling grounds and states that a disability or other reason does not toll a limitations period unless provided by law. Here are some potential situations that might affect filing deadlines
Does Being a Minor Automatically Pause the Deadline Until Age 18?
No. Florida does not automatically suspend every personal injury limitations period simply because the injured person is under 18. Minority can toll the deadline during a period when no parent, guardian, or guardian ad litem exists, or when that representative has an adverse interest to the minor or is adjudicated incapacitated to sue.
Florida generally imposes a seven-year outside limit on this tolling provision. Claims involving injured children should therefore be evaluated promptly, rather than assuming the deadline will be extended until adulthood.
What If the At-Fault Driver Leaves Florida?
A defendant's absence from Florida can toll a limitations period in certain circumstances. The statute also addresses a defendant's use of an unknown false name or concealment within Florida when those circumstances prevent service of a lawsuit. However, these tolling provisions do not apply when sufficient service of process or service by publication remains available.
Can Incapacity Affect the Filing Deadline?
Certain adjudicated incapacities existing before the cause of action accrued can toll a Florida limitations period. Florida generally requires that an action relying on this provision be filed within 7 years of the event giving rise to the claim.
More limited provisions also address previously adjudicated incapacity when an appropriate representative is unavailable, adverse, or incapacitated.
What If a Government Vehicle Was Involved in Your Crash?
Claims against Florida government entities follow special rules. Under Florida Statutes § 768.28, a claimant generally must provide written notice to the appropriate government agency within three years. Depending on the defendant, notice to the Florida Department of Financial Services may also be required.
The statute generally provides four years to commence a covered civil action against the state, its agencies, or subdivisions, with different limitations applying to wrongful death and medical malpractice. These requirements make crashes involving government vehicles particularly important to evaluate early.
Insurance Deadlines Are Different From Florida's Car Accident Statute of Limitations
The two-year statute of limitations impacts a negligence lawsuit. Other insurance-related deadlines can arise from the same collision.
For example:
- PIP medical benefits: Florida generally requires that qualifying initial medical services and care be provided within 14 days of the accident.
- UM/UIM claims: Because uninsured and underinsured motorist disputes can involve rights under a written insurance contract, different limitations and accrual rules can apply.
- Property damage: Claims involving vehicle damage may have a different limitations period than a bodily injury negligence claim.
- Insurance notice: Your policy may require notice of an accident or claim well before the statute of limitations expires.
For a more detailed explanation, see our guide to deadlines for filing Florida car insurance claims.
Why You Should Not Wait Until the Two-Year Deadline
The statute of limitations is the legal cutoff for filing many Florida car accident lawsuits. It is not the best time to begin a claim.
Important Evidence Can Disappear Long Before Two Years Pass
Video footage can be overwritten, vehicles can be repaired, road conditions can change, and witnesses' memories can become less precise. Depending on the circumstances of the accident, your car accident attorney in Port Salerno may need to locate witnesses, obtain available video footage, preserve vehicle evidence, secure accident records, or investigate the conduct of a commercial driver or other party.
Insurance Companies Usually Begin Investigating Immediately
Insurance carriers start evaluating fault and potential exposure shortly after receiving notice of a collision. An adjuster may contact you before you fully understand what happened. You should not wait until the filing deadline approaches before beginning your own investigation.
Your Losses Need to Be Documented
Recovering accident damages requires evidence connecting your losses to the collision. Medical records and bills, employment information, insurance documents, photographs, and other records can all become relevant depending on the case. Developing that documentation takes time, particularly when an insurer disputes fault or the extent of claimed losses.
The two-year statute of limitations is the hard stop for most current Florida car accident negligence claims. The practical deadline for protecting a case can come much sooner.
Florida Car Accident Deadline FAQs
What if I do not know who caused my Florida car accident yet?
We can examine crash reports, photographs, available video, witness accounts, vehicle damage, and other evidence to investigate responsibility. Starting that process early can also help preserve evidence before it becomes unavailable.
What if more than one driver was responsible for my accident?
Florida allows fault to be divided among multiple parties. We can investigate how fault should be allocated rather than relying solely on an insurer's assessment.
Should I contact a lawyer if my two-year deadline is still months away?
Yes. The statute of limitations deadline ends your right to file a lawsuit, but important evidence can disappear much sooner. Contacting us early gives our team more time to investigate the crash, identify available insurance coverage, preserve evidence, document your losses, and address disputes before the filing deadline becomes an immediate concern.
Can I File a Lawsuit Before the Insurance Company Finishes Investigating?
Yes, the insurer's investigation and the court filing deadline are separate matters. You do not have to wait for an insurer to complete its review before taking the necessary action to preserve your legal claim.
Does a Hit-and-Run Accident Have the Same Two-Year Deadline?
A hit-and-run collision can create additional insurance and identification issues, particularly when the responsible driver cannot be located. The deadlines and available claims depend on the circumstances and insurance coverage involved. An attorney can review whether a negligence action, UM coverage, or another source of recovery may apply.
What Records Can Help Determine My Filing Deadline?
The accident report, insurance correspondence, photographs, claim records, and other dated documents can help establish when the collision occurred and what claims have already been pursued.
What If I Think the Two-Year Deadline Already Passed?
Do not assume that your claim is over without speaking to a dedicated car accident lawyer. The applicable law can depend on many factors, and Florida recognizes limited circumstances that can affect a limitations period.
Talk to the Frankl Kominsky Injury Lawyers Team to Find Out How Much Time You Have to File a Car Accident Lawsuit
Florida's current car accident statute of limitations gives many injured people only two years to file a negligence lawsuit. Evidence can disappear much sooner, and waiting until the deadline approaches can leave less time to investigate liability, document losses, and address insurance disputes.
At Frankl Kominsky Injury Lawyers, our Florida car accident lawyers can review the date of the accident, insurance coverage, available evidence, and other circumstances to determine which deadlines may apply.
If you are unsure whether your deadline has passed or believe it is approaching, call (561) 800-8000 now. We offer free consultations 24/7, so there is no cost for us to review your case, determine your deadlines, and explain your legal options.
Never Settle For Less ®.
At Frankl Kominsky Injury Lawyers, we can review when your accident happened, identify the type of claim involved, examine possible exceptions, and determine which filing deadlines may apply. We offer free consultations and handle personal injury cases on a contingency fee basis, meaning attorney's fees are not owed unless we obtain a recovery for you.
If you are unsure whether your deadline has already passed, do not assume you have no rights. Call (561) 800-8000 for a free case review. Our attorneys are available 24/7 to evaluate your timeline and explain your legal options.
Never Settle For Less ®
