Florida Car Accident Statute of Limitations: Don't Miss Your Deadline [2026]
The statute of limitations on car accidents in Florida changed dramatically in 2023, cutting your filing time in half. You now have just two years from your accident date to seek compensation for your injuries. Many Floridians still think they have four years to file their claim—but that deadline no longer exists.
Florida Statute §95.11 controls this strict two-year deadline for all negligence-based personal injury claims, including car accidents. Different situations have different timeframes though. Lost a loved one in a car accident? You have two years from the date of death to file a wrongful death lawsuit.
Missing these deadlines permanently destroys your right to compensation—even when the other driver caused your accident. Wait too long, and you lose everything. No recovery for medical bills. No compensation for lost wages. No money for your pain and suffering.
We've seen too many accident victims lose their cases simply because they didn't know about Florida's new deadline. Don't let this happen to you. This guide covers everything about Florida's car accident statute of limitations so you can protect your right to the compensation you deserve.
Understanding Florida's Car Accident Statute of Limitations
Think of a statute of limitations like a legal countdown timer. The moment your car accident happens, this timer starts running. Once it hits zero, your right to seek compensation disappears forever.
What is a statute of limitations?
A statute of limitations sets the maximum time you have to file a lawsuit after getting hurt in an accident. State law creates these deadlines to protect everyone involved. Evidence stays fresh when cases move quickly. Witnesses remember details better. And people shouldn't face the threat of lawsuits hanging over them indefinitely.
Why these deadlines matter so much
Miss your filing deadline and your case dies—no matter how strong it might be. Insurance companies know these deadlines better than you do. They'll drag out negotiations if your deadline approaches, hoping you'll run out of time. Courts won't help you either. File one day late and judges must throw out your case completely. The accident date typically starts this countdown, though some exceptions exist.
Florida's 2023 law change hit accident victims hard
Governor DeSantis signed House Bill 837 in March 2023, cutting personal injury filing time from four years down to just two years. This change took effect on March 24, 2023, and applies to all accidents happening on or after that date.
The law made other changes that hurt accident victims too. Florida's comparative negligence standard now bars you from any recovery if you're found more than 50% at fault for your accident. Before this change, you could still get partial compensation even if you shared some blame.
These changes mean you have less time to file and face stricter rules about fault. Insurance companies love these new laws—they make it harder for accident victims to get fair compensation.
Key Deadlines for Different Types of Car Accident Claims
Florida law sets specific deadlines for different types of car accident claims. Understanding exactly which deadline applies to your situation could mean the difference between getting the compensation you deserve and losing your case forever.
Personal injury claims – 2 years
You have just two years from your accident date to file a personal injury lawsuit in Florida. This applies to all accidents on or after March 24, 2023. Accidents before this date still follow the old four-year deadline. The clock starts running the day your accident happens. Wait too long, and you lose your right to compensation.
Wrongful death claims – 2 years from date of death
Lost a family member in a car accident? You have two years from the date of death to file a wrongful death claim. This deadline runs from when your loved one died, not when the accident happened. Even if the accident occurred years ago, this two-year rule still applies.
Property damage claims – 4 years
Good news here. The 2023 law changes didn't touch property damage claim deadlines. You still get four years from the accident date to seek compensation for vehicle repairs, replacement, or other property damage. This gives you more breathing room when dealing with insurance companies about your car's value.
Claims against government entities – 3 years with notice
Hit by a government vehicle or employee? Different rules apply. You must file formal notice with the right government agency within three years of your accident. Then you wait through a mandatory 180-day investigation period before you can file a lawsuit. Skip these special procedures and your case gets dismissed no matter how strong it is.
Uninsured motorist claims – up to 5 years
Uninsured motorist (UM) claims get up to five years because they're contract disputes with your own insurance company. This extended deadline gives you significantly more time than the standard two-year personal injury limit. Still, notify your insurance company right away even with this longer timeline.
Exceptions That May Extend the Filing Deadline
Florida's strict deadlines don't apply in every situation. Certain rare circumstances can pause the statute of limitations clock, though courts examine these exceptions very carefully and require strong proof.
Minor's tolling provision
When a car accident injures a child under 18, different rules apply. Florida law pauses the filing deadline until the minor reaches adulthood, then gives them the standard time to pursue compensation. This extension has a maximum seven-year cap, regardless of the child's age. Parents can still file claims on their child's behalf before they turn 18.
Mental incapacity of the victim
Accident victims who become legally incapacitated may get additional time to file. This applies when someone cannot understand their legal rights or manage their affairs due to injury. Courts require formal medical documentation and legal certification of incapacity. This exception can extend the deadline for up to seven years.
Defendant hiding or out of state
The clock stops when defendants deliberately avoid being served, leave Florida, or hide their identity. Once the at-fault party becomes available for legal proceedings, the clock starts running again. Courts require clear proof of actual evasion or unavailability.
Discovery of injury after the accident
Though uncommon in car accidents, this exception helps when injuries aren't immediately apparent. The deadline might start from when the injury was discovered (or reasonably should have been) instead of the accident date.
These exceptions are narrow and courts don't grant them easily. If you think your situation might qualify for an exception, you need experienced legal counsel to evaluate your case and protect your rights.
What Happens If You Miss the Deadline
Missing Florida's statute of limitations destroys your case completely. The consequences hit immediately and cannot be reversed. This isn't about paperwork delays—it's about losing your right to financial recovery forever.
Loss of right to compensation
Filing even one day late permanently bars you from recovering any compensation for your medical bills, lost wages, pain, and suffering. This loss is final and complete, regardless of how severe your injuries are or how clearly the other driver was at fault. Your legal right to seek justice vanishes entirely.
We've seen clients with devastating injuries lose everything simply because they waited too long. The other driver could have been drunk, texting, or completely reckless—it doesn't matter once your deadline passes.
Dismissal of your case by the court
Florida courts enforce these deadlines without exception. File after the statute expires? The defendant's attorney will immediately file a motion to dismiss. Judges have no choice—they must grant the dismissal. The court won't even look at your case merits. They'll throw it out based purely on timing.
Impact on insurance negotiations
Insurance companies track these deadlines like hawks. Once your statute expires, they have zero reason to negotiate or settle. Many insurance adjusters deliberately drag out settlement talks as your deadline approaches, hoping you'll miss the filing window. Your negotiating power disappears completely.
Why legal timing is critical
Two years might sound like plenty of time, but it disappears fast when you're dealing with injuries, medical treatments, and recovery. If you have been injured in an accident and need a lawyer, call Pittman Law Firm, P.L. today for a free consultation. We secure critical evidence early, interview witnesses while their memories stay fresh, and ensure you never miss Florida's strict filing requirements.
Don't let the insurance company run out your clock. Contact us now to protect your right to compensation.
Don't Let Florida's New Deadline Cost You the Compensation You Deserve
Time moves fast when you're dealing with injuries and trying to get your life back together. Florida's new two-year deadline for personal injury claims cuts your filing window in half compared to what it used to be. You need to understand these deadlines to protect your right to compensation.
Each type of claim has its own timeline. Wrongful death cases get two years from the death date. Property damage claims still have four years. Uninsured motorist claims allow up to five years. Government entity claims need special notice procedures.
Yes, some rare exceptions might extend your deadline. But courts don't make these easy, and you need strong proof to qualify. Miss your deadline, and your case gets thrown out immediately. No second chances. No exceptions based on how badly you were hurt or how obvious the other driver's fault was.
Two years sounds like plenty of time until you're actually living through it. Medical appointments. Insurance calls. Recovery. Paperwork. Bills piling up. Before you know it, months have passed.
We understand that being injured in an accident can have a major impact on your life, and our team is ready to fight for you! At Pittman Law Firm, P.L., we've spent over 30 years helping accident victims just like you. We know Florida's new deadlines inside and out, and we'll make sure you don't miss any critical filing windows.
Don't become another victim who lost their case simply because they waited too long. Contact us today for a free consultation. We work on a contingency fee basis, meaning there is no fee unless we win your case. Let us handle the legal deadlines while you focus on getting better.
Key Takeaways
Florida's 2023 legal reforms dramatically shortened car accident filing deadlines, making prompt action more critical than ever for protecting your right to compensation.
• Florida reduced personal injury claim deadlines from 4 years to just 2 years starting March 24, 2023, cutting your filing time in half.
• Different claim types have specific deadlines: personal injury (2 years), wrongful death (2 years from death date), property damage (4 years), and uninsured motorist claims (up to 5 years).
• Missing your deadline permanently eliminates your right to compensation - courts will dismiss your case regardless of fault or injury severity.
• Insurance companies deliberately delay negotiations near deadline expiration, knowing your leverage disappears once the statute of limitations expires.
• Rare exceptions may extend deadlines for minors, mentally incapacitated victims, or when defendants evade service, but courts interpret these narrowly with strict evidence requirements.
The two-year window passes quickly while dealing with injuries and recovery. Early legal consultation ensures compliance with Florida's updated requirements and allows attorneys to preserve critical evidence while it remains fresh.
FAQs
Q1. What is the current statute of limitations for car accidents in Florida? As of 2023, the statute of limitations for car accident personal injury claims in Florida is two years from the date of the accident. This is a significant reduction from the previous four-year deadline.
Q2. How does Florida's comparative negligence rule affect car accident claims? Under Florida's new law, if you're found to be more than 50% at fault for the accident, you cannot recover any damages. If you're 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
Q3. Are there different deadlines for various types of car accident claims in Florida? Yes, there are different deadlines for various claim types. Personal injury claims have a two-year deadline, wrongful death claims have two years from the date of death, property damage claims have four years, and uninsured motorist claims allow up to five years.
Q4. What happens if I miss the deadline to file a car accident claim in Florida? If you miss the filing deadline, you will likely lose your right to seek compensation entirely. The court will dismiss your case regardless of its merits, and insurance companies will have no incentive to negotiate or settle.
Q5. Are there any exceptions that can extend the filing deadline for car accident claims in Florida? There are rare exceptions that may extend the filing deadline, such as cases involving minors, mental incapacity of the victim, or when the defendant is hiding or out of state. However, these exceptions are narrowly interpreted by courts and require strong evidence to qualify.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship with Pittman Law Firm, P.L.