Florida Statute of Limitations for Car Accidents

The Florida statute of limitations for car accident lawsuits is two years from the date of the crash.

That deadline changed on March 24, 2023, when Governor DeSantis signed HB 837 into law. Before that date, Florida gave injury victims four years to file. Now you get two.

Miss the deadline and your case is permanently barred. Doesn't matter how strong your evidence is. Doesn't matter how serious your injuries are. The court dismisses it.

The insurance company knows exactly when your deadline expires. They're counting on you not knowing.

This two-year deadline applies to most car accident injury claims including collisions involving rental cars, Uber and Lyft accidents, commercial vehicles, motorcycle crashes, and pedestrian strikes. Workers' compensation, medical malpractice, and wrongful death cases have different deadlines covered below.

If you were hurt in a Florida car accident, contact an experienced Florida car accident attorney now. The sooner you act, the more evidence gets preserved and the stronger your claim becomes.

HB 837 was the most significant tort reform bill Florida passed in decades. It didn't just cut the filing deadline in half. It reshaped the entire personal injury landscape in the state. For the full breakdown of all seven changes, see our cornerstone guide on how HB 837 changed Florida personal injury cases.

The two-year SOL operates alongside Florida's no-fault PIP framework, which requires you to receive initial medical treatment within 14 days of the crash to qualify for your $10,000 in PIP benefits. See the Florida 14-day PIP rule explained for the qualifying-provider list and the EMC determination that unlocks the full $10,000.

The transition rule matters:

• Accidents on or after March 24, 2023: Two-year statute of limitations under the amended § 95.11(3)(a)
• Accidents before March 24, 2023: The old four-year deadline still applies. If you were hurt in 2022 or early 2023 before the law changed, you may still have time under the previous statute

HB 837 also changed Florida's negligence system:

Florida switched from pure comparative negligence to modified comparative negligence with a 51% bar. Under the old system, you could recover damages even at 99% fault (reduced proportionally). Under the new system, if you're found 51% or more at fault for the accident, you recover nothing.

• At 30% fault on a $200,000 claim: you recover $140,000
• At 50% fault on a $200,000 claim: you recover $100,000
• At 51% fault on a $200,000 claim: you recover $0

That one percentage point between 50% and 51% is worth the entire case. The insurance adjuster's job is to push your number past that line. Your attorney's job is to keep it below it.

The combination of a shorter filing deadline and a harder fault threshold makes fast legal action more critical in Florida than almost any other state.

Two years sounds like a lot of time. It isn't.

After a serious crash, you spend weeks or months in treatment. You're focused on recovery. Medical bills pile up. You're dealing with insurance adjusters, rental cars, missed work, and pain. Filing a lawsuit isn't the first thing on your mind.

Meanwhile, the clock doesn't pause.

Your attorney needs time to investigate the crash, gather police reports and medical records, identify all liable parties and insurance policies, consult with medical experts, calculate damages through maximum medical improvement (MMI), and prepare the demand letter. That process takes months. If you wait 18 months to hire an attorney, they're working against a wall.

The insurance company uses this pressure deliberately. They delay. They request additional documentation. They dispute liability. They send you to an independent medical examination. Every tactic burns time off your clock. When your deadline is close, their leverage increases. You're more likely to accept a lowball offer when the alternative is losing the right to sue entirely.

Don't hand them that advantage. Contact a Florida car accident lawyer as soon as you're able after the crash.

Not every Florida accident case follows the two-year car accident deadline. Some categories have shorter windows. Others have additional procedural requirements that eat into your time.

Wrongful Death: 2 Years from Date of Death

Under Florida Statute § 95.11(4)(d), surviving family members have two years from the date of death to file a wrongful death lawsuit. Not two years from the accident date. Two years from the death date. If the victim survives for months after the crash and then dies from injuries, the clock starts at death.

Wrongful death claims in car accident cases can be filed by the personal representative of the deceased's estate on behalf of surviving spouses, children, and parents. Recoverable damages include funeral costs, lost financial support, loss of companionship, and mental anguish.

For a deeper look at this deadline, see our guide on Florida's wrongful death statute of limitations.

Medical Malpractice: 2 Years from Discovery, 4-Year Outer Limit

The statute of limitations for Florida medical malpractice claims is two years from the date you discovered the injury or reasonably should have discovered it under Florida Statute § 95.11.

There's a hard outer limit: no medical malpractice lawsuit can be filed more than four years from the date the negligent care occurred, regardless of when you discovered the injury. The only exception is fraudulent concealment by the provider, which extends the deadline to seven years. Claims involving minors extend to the child's eighth birthday.

Florida also requires a mandatory pre-suit investigation under § 766.106 before filing. Your attorney must obtain a verified medical expert opinion, send formal notice of intent to the provider, and wait through a 90-day investigation period. That pre-suit requirement eats directly into your two-year discovery window.

For details, see our guide on Florida's medical malpractice statute of limitations.

Workers' Compensation: 2 Years from Date of Injury

Florida workers' compensation claims must be filed within two years of the date of injury under Florida Statute § 440.19. This is a separate system from personal injury lawsuits. Workers' comp covers medical expenses and a portion of lost wages regardless of fault, but it does not cover pain and suffering.

If a third party (not your employer) caused your workplace car accident, such as another driver who hit your work vehicle, you may have both a workers' comp claim and a separate personal injury claim against the at-fault driver. The personal injury claim is subject to the two-year car accident SOL. Both deadlines run simultaneously.

Government Vehicle Accidents: Shorter Notice Deadlines

If your crash involved a government vehicle, city bus, county truck, state trooper, or any government employee acting in their official capacity, Florida requires written notice before you can file suit. Notice deadlines for state agencies are typically three years under § 768.28, but individual municipalities and counties may impose shorter notice requirements. Some require formal notice within 90 to 180 days.

Missing the government notice deadline bars your claim regardless of the general SOL. Your attorney must determine which entity is involved and what notice period applies immediately after the crash.

In limited circumstances, the two-year deadline can be paused or extended. These are narrow exceptions, not loopholes.

• Minors: If the injured person is under 18, the statute of limitations is tolled (paused) until they reach the age of majority. The two-year clock doesn't start running until their 18th birthday. A parent or guardian can file on the child's behalf before that
• Mental incapacity: If the injured person is mentally incapacitated at the time of the accident and unable to manage their own affairs, tolling may apply until the incapacity is removed
• Defendant leaves the state: If the at-fault driver leaves Florida after the accident, the time they spend outside the state may not count toward the statute of limitations under § 95.051
• Fraudulent concealment: If the defendant actively concealed facts that prevented you from discovering your claim, the deadline may be extended. This applies more commonly in medical malpractice than car accident cases
• Discovery rule (limited application): In rare car accident scenarios where injuries were not and could not have been discovered at the time of the crash, the clock may start from the date of discovery rather than the date of the accident

Tolling exceptions are difficult to prove and courts interpret them narrowly. Don't assume one applies to your case without consulting an attorney. The safest approach is always to treat the two-year deadline as absolute and file well before it expires.