Florida · Injured in a crash

How Long Do You Have to File a Car Accident Claim in Florida?

The crash was eight months ago. You are still going to physical therapy, the adjuster keeps saying your claim is "under review," and a friend just asked whether you have a deadline. You do, and in Florida it is shorter than most people think. Here is how the clock works, in plain words.

What is the deadline?

For most car accident injury claims in Florida, you have two years from the date of the crash to file a lawsuit. This is called the statute of limitations. If the deadline passes with no lawsuit filed, the court will almost always throw the case out, no matter how strong it was. Write the date on your calendar today.

What changed in 2023?

Until 2023, Florida gave you four years. On March 24, 2023, a law called HB 837 took effect and cut that to two years for negligence claims, which is what nearly every car accident case is.

If you read something online that says four years, it is out of date. Any crash that happened after March 24, 2023 falls under the two-year rule.

HB 837 also changed how fault is shared. Florida now uses "modified comparative negligence." If you are found more than 50% at fault for the crash, you recover nothing from the other driver. At 50% or less, you can recover, but the amount is reduced by your share of the blame. That makes the evidence you gather early matter even more.

Why is two years shorter than it sounds?

Two years feels like plenty. It is not, for a few reasons.

• You should be finished, or far along, with medical treatment before anyone can put a fair value on the case. Serious injuries do not heal on a schedule.
• Your lawyer needs medical records, bills, wage records, the crash report, and sometimes expert opinions before filing. Every one of those comes from someone else's office.
• Negotiating with the insurer comes before a lawsuit, and negotiations stall.
• A lawsuit has to be prepared, not just filed. Filing on the last day with a half-built case is a bad position.

Lawyers want to be involved well before the deadline, not the week of it. People who call us in the final months have fewer options than people who call in the first few.

Is the insurance claim the same as the lawsuit?

No, and this is the confusion that costs people the most. Filing a claim with the insurance company does not stop the clock. Talking to an adjuster does not stop the clock. An adjuster saying "we are still evaluating" does not stop the clock.

Only a lawsuit filed in court meets the deadline. The insurance company knows the date of your crash and knows exactly when your two years run out. Some adjusters will keep a claim "under review" right up to that date. Once it passes, they no longer have a reason to pay you anything, and the offers stop.

What if a government vehicle was involved?

If the other driver was working for the state, a county, a city, a school district, or another government agency, different and shorter rules apply. Before you can sue, you must send a formal written notice to the right agency, and the deadlines for that notice are not the same as the ordinary two-year rule.

If a police cruiser, a city bus, a public works truck, or a school vehicle was part of the crash, do not assume the general rule protects you. Talk to a lawyer right away.

What if someone died?

When a crash causes a death, the family's claim is a wrongful death claim. The limit is still two years, but it is measured from the date of death, not the date of the crash. If a loved one was injured in a crash and died weeks later, the clock for the wrongful death claim starts on the day they died.

Can the deadline be extended?

In limited situations, yes. Florida law allows the clock to pause or extend in certain narrow circumstances, but you should never count on one. If you think your deadline has passed or is close, ask a lawyer whether anything extends it. Do not decide on your own that it is too late.

What happens if you miss it?

If two years pass with no lawsuit filed, the at-fault driver's insurer can refuse to pay, and a court will dismiss any case you file. Your PIP coverage through your own insurer still works, but the claim against the person who caused the crash is, in almost every case, over. There is no appeal to fairness. The deadline is the deadline.

When should you call?

Call when you are injured and still treating a few weeks after the crash. Call when the adjuster is slow, or asks you to wait, or offers a quick check. Call when a government vehicle was involved. Call the moment you realize the crash was more than a year ago and nothing has been filed.

Florida personal injury lawyers work on contingency, so there is no fee unless they recover money for you, and the first conversation is free. The clock does not care whether you were busy.

Call Clyne is a lawyer referral service, not a law firm. Stephen Clyne is not an attorney. This article is general information, not legal advice, and laws change. Talk to a licensed Florida attorney about your situation.