Florida Car Accident Statute of Limitations

The 2023 Change Explained

Key Filing Deadlines

Different types of claims arising from a car accident have different filing deadlines. Understanding which deadlines apply to your situation is critical:

• Personal injury claims: 2 years from the date of the accident (for accidents on or after March 24, 2023). This covers all bodily injury claims including medical expenses, lost wages, pain and suffering, and future damages
• Property damage claims: 4 years from the date of the accident. This covers vehicle repair or replacement, personal property damaged in the crash, and rental car expenses
• Wrongful death claims: 2 years from the date of death (not necessarily the date of the accident, since a victim may survive for a period after the crash before passing). Only the personal representative of the estate can file a wrongful death action
• PIP benefits: While not technically a statute of limitations, you must seek initial medical treatment within 14 days of the accident to preserve your PIP insurance benefits
• Uninsured/underinsured motorist claims: 5 years from the date of the accident under Florida Statute §95.11(2)(b), though this deadline may vary depending on policy language

For a deeper look at how long the overall process takes once you file, see our guide on how long Florida car accident settlements take.

Tolling Exceptions

"Tolling" refers to circumstances that pause or extend the statute of limitations clock. While exceptions are narrow, they can apply in certain situations:

• Minors: If the accident victim is under 18 at the time of the accident, the statute of limitations is tolled until they reach the age of majority (18). The two-year clock then begins running on their 18th birthday. This means a child injured at age 15 would have until age 20 to file a personal injury claim
• Mental incapacity: If the victim is found to be mentally incapacitated at the time the cause of action accrues, the statute may be tolled for the duration of the incapacity (Florida Statute §95.051)
• Defendant absence from Florida: If the at-fault driver leaves Florida after the accident, the time they spend out of state may not count toward the statute of limitations
• Fraud or concealment: If the defendant actively conceals their identity or involvement in the accident, the discovery rule may toll the statute until the plaintiff discovers or should have discovered the fraud
• Discovery rule: In some cases, injuries are not immediately apparent. The statute of limitations may begin running from the date the injury was discovered or reasonably should have been discovered, rather than the date of the accident. However, courts apply this exception narrowly in car accident cases

Relying on tolling exceptions is risky. Courts interpret them narrowly, and the burden of proving that an exception applies falls on the plaintiff. It's always safer to file within the standard deadline.

Claims Against Government Entities

If your accident involved a government vehicle or was caused by a dangerous road condition maintained by a government entity (city, county, or state), different — and shorter — deadlines apply under Florida Statute §768.28 (the Sovereign Immunity Waiver):

• Pre-suit notice: You must provide written notice to the government entity within 3 years of the accident. However, the claim investigation period is 180 days, during which you cannot file suit
• Specific notice requirements: The notice must be sent to the specific agency involved and to the Florida Department of Financial Services. It must include specific information about the incident, injuries, and damages
• Damage caps: Recovery against government entities is capped at $200,000 per person and $300,000 per incident. Recovery above these caps requires a special claims bill passed by the Florida Legislature
• No punitive damages: You cannot recover punitive damages against a government entity in Florida

Government claims are procedurally complex, and failing to comply with notice requirements can bar your claim entirely. If your accident involved any government entity, consult an attorney immediately.

Interaction With Comparative Fault

The 2023 tort reform that reduced the statute of limitations also changed Florida's comparative negligence law from pure to modified comparative negligence. These two changes together create additional urgency:

• You have less time to file (2 years instead of 4)
• The stakes of fault determination are higher (51% fault now bars recovery entirely)
• Evidence supporting your version of events is more critical than ever
• Insurance companies have more leverage to delay and pressure early, inadequate settlements

The combination of a shorter filing window and higher stakes for fault determination means that early attorney involvement is more important than ever in Florida car accident cases.

Why Evidence Deteriorates Over Time

Even if you file within the legal deadline, waiting too long can weaken your case significantly. Evidence deteriorates in several ways:

• Surveillance footage: Traffic cameras, business security cameras, and dashcam footage are typically overwritten within 30–90 days. Once overwritten, this evidence is gone permanently
• Witness memory: Witnesses' memories of the accident become less reliable over time. Details are forgotten, confused, or conflated with other events
• Physical evidence: Road conditions change, skid marks fade, vehicles are repaired or scrapped, and accident scenes are altered by weather and construction
• Medical causation: The longer the gap between the accident and medical treatment, the harder it becomes to establish that your injuries were caused by the crash rather than subsequent events
• Electronic data: Vehicle "black box" data, cell phone records, and GPS data may be automatically deleted or overwritten after set periods

Why Acting Quickly Matters

The combination of strict legal deadlines and deteriorating evidence makes one thing clear: the sooner you take action after a Florida car accident, the stronger your position will be. Early attorney involvement allows for:

• Preservation letters sent to businesses and government agencies to prevent surveillance footage from being overwritten
• Prompt witness interviews while memories are fresh
• Vehicle inspection before repairs
• Early access to police reports and crash investigation files
• Strategic medical referrals to document injuries properly from the start
• Protection from insurance company tactics designed to exploit unrepresented victims

Not sure if you have a valid claim? See Can I Sue After a Car Accident in Florida? With over 400,000 crashes per year in Florida, timely action is critical — explore the latest Florida crash statistics.

Frequently Asked Questions