How long after an accident can you file a claim in Florida?

In Florida, you generally have 2 years from the date of the accident to file a personal injury lawsuit. This applies to accidents that occurred on or after March 24, 2023, due to House Bill 837. If the accident happened before March 24, 2023, you still have the old deadline of 4 years.

If you’ve been injured in a Florida car accident, knowing your rights and options is critical to recovering compensation for your injuries and financial losses. Missing any insurance and personal injury claim deadlines could mean losing out on compensation.

At Jack Bernstein, Injury Attorneys, our experienced car accident lawyers can help you understand the complexities of filing a claim, negotiate with insurance companies, and represent you if your case goes to trial.

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Florida Car Accident Statute of Limitations

• Personal injury (most negligence‑based car accident claims): 2 years from the accident date if the crash occurred on or after March 24, 2023 (HB 837). Crashes before that date generally remain under the old 4‑year rule.
• Wrongful death: 2 years from the date of death.
• Property damage (vehicle/other property): 4 years from the accident date.

Important: These are lawsuit deadlines in Florida courts; an insurance claim does not pause the court deadline.

Insurance Claim vs. Lawsuit: Why an Insurance Claim Does NotPause the Deadline

Opening or negotiating an insurance claim (even for months) does not toll Florida’s statute of limitations. If you do not file a lawsuit within the legal time limits, Florida courts routinely dismiss cases – sometimes even when they’re one day late.

Property Damage Claims Still Have a 4‑Year Window

If your car crash caused vehicle repair costs or other property damage but no injury claim, you have four years to file a lawsuit for the property damage claim. This 4‑year period remains in effect even after the 2023 reform shortened injury‑claim deadlines.

Florida’s PIP 14-day rule

Florida’s minimum required auto coverages are $10,000 Personal Injury Protection (PIP) and $10,000 Property Damage Liability (PDL). Bodily Injury Liability is not required for most drivers (though it’s wise to carry it)

All Florida drivers are required to carry personal injury protection (PIP) insurance. Minimum coverage amounts include $10,000 of bodily injury coverage per person, with no more than $20,000 paid per accident, and $10,000 of property damage coverage per accident.

In Florida, you have 14 days from the date of the accident to seek medical care for your injuries. While many injuries are evident after a car accident, some injuries may not present themselves until hours or even days afterward. The adrenaline rush, shock, or trauma of the accident can cause a delay in experiencing pain from your injuries. Additionally, if you have internal injuries or a head injury like a concussion, symptoms might not always immediately present themselves. 

For this reason, it’s essential to be assessed by a medical professional at the scene or immediately after your car accident. The quicker you seek medical attention, the stronger your injury claim will be. 

Emergency Medical Condition (EMC) & the $2,500 cap

Even if you treat within 14 days, you may receive only up to $2,500 in PIP benefits unless a qualified provider diagnoses an Emergency Medical Condition (EMC) – then benefits can go up to $10,000.

Serious Injury Threshold: When You Can Sue the At‑Fault Party for Pain & Suffering

Florida is a no‑fault state for most car accident claims, meaning PIP pays first. To pursue non‑economic damages (pain, suffering, mental anguish) against the at‑fault driver, your car accident injuries must meet Florida’s serious injury threshold in §627.737:

1. significant and permanent loss of an important bodily function
2. a permanent injury within a reasonable degree of medical probability
3. significant and permanent scarring/disfigurement
4. death

Personal injury cases can be complex and lengthy

Personal injury cases are complex and take time to resolve. The sooner you start this process, the sooner you can receive compensation for your injuries and losses. 

Determining liability

One of the main factors that affects the length of your personal injury case is determining liability. This process can be especially complicated if there are multiple parties involved or if there are other parties that can be held liable. 

If you’ve been involved in an accident with a commercial vehicle, the company, the maintenance party servicing the vehicle, or the training company that employed the driver could all be held liable. In some cases, township and community boards could also be held liable if their actions led to conditions that caused the accident. 

The more complex your case, the more exhaustive the process of determining liability might be. 

Gathering evidence

Gathering evidence is another time-consuming aspect. Evidence comes in many forms, and an experienced car accident attorney will help conduct an exhaustive investigation aimed at collecting pertinent evidence: 

1. Surveillance footage of the accident
2. Witness statements 
3. Results from law enforcement experts who specialize in investigating car accident scenes 
4. Maintenance and safety records for commercial vehicles 
5. Local and state law violations

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What if you don’t claim your injury right after the accident? 

The longer you wait to bring forward a claim, the harder it becomes to prove your case. 

Florida has a clear statute of limitations — the time period a claimant has to bring forward their case. This time limit encourages victims to file a claim as quickly as possible. It provides a level of protection for defendants so that they don’t face an unexpected lawsuit years after the accident has occurred. 

Car accident victims in Florida have two years to bring forward a lawsuit. This time frame can be tolled or paused if the defendant has fled the scene, is unable to be located, or is otherwise unavailable. 

Crash Reporting Rules 

If a motor vehicle accident results in injury, death, or apparent property damage of $500+, the driver must immediately report it to local police, sheriff, or Florida Highway Patrol by the quickest means.

When an officer investigates qualifying crashes (injury, death, DUI, tow‑away, commercial vehicle), a long‑form crash report must be submitted within 10 days.

What if the defendant is a government agency?

If a government agency was the source of your injury, the statute of limitation extends to three years. You might also be limited in the amount of damages you can recover from a government defendant.

 Pre‑Suit Notice (“Notice of Claim”) & the 180‑Day Investigation

Before filing a civil lawsuit against a government entity, you must present a written claim to the correct agency and the Florida Department of Financial Services, and allow up to 180 days for investigation. Generally, notice must be served within 3 years, or 2 years for wrongful death. Failure to comply can bar the claim.

How does fault impact your injury claim?

Florida is one of 12 states that adhere to no-fault auto laws. Under these laws, it does not matter who is at fault for the car accident. All Florida drivers are required to carry PIP insurance, which kicks in to cover medical costs and other financial losses. Car accident victims can always seek additional compensation through a personal injury lawsuit.  Whether or not you’re at fault does not keep you from fighting for damages you may be entitled to.

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Potential damages in a Florida auto accident case

Car accident victims in Florida can seek economic and non-economic damages following a car accident. In some cases, punitive damages may also be sought. 

Unlike other states, Florida does not impose caps on compensatory damages such as economic and non-economic damages; however, Florida does impose a cap on punitive damages. This cap is described as “three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or the sum of $500,000.”

Economic damages

Economic damages cover the tangible and calculable losses suffered after an accident, including the following: 

1. Medical bills, treatment costs, and hospital bills
2. Loss of income and lost wages
3. Future earnings capacity
4. Property damage

Non-economic damages

Non-economic damages refer to intangible losses, including, but not limited to:

1. Emotional trauma
2. Pain and suffering 
3. Scarring and disfigurement
4. Loss of enjoyment of life

How Waiting Hurts Negotiations With Insurance Companies

Insurance companies investigate quickly and may slow‑roll negotiations as the statute of limitations approaches. Thus, you need to act quickly as if the time limit expires, insurers can stop negotiating, and courts will usually dismiss a late‑filed lawsuit regardless of evidence. Filing promptly preserves leverage for a fair settlement.

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What to do after a car accident

It’s important to act quickly after a car accident in Florida. Follow these steps to ensure you are able to build the strongest case possible. 

Seek medical attention 

In major car accidents, police officers and EMTs will be dispatched to the scene. It’s important to let these medical professionals examine you and determine the extent of your injuries. 

You may need to be transported to a local hospital, but you can also seek medical attention from your own primary care provider. Seeking medical attention immediately after your accident allows you to establish that your injuries were the result of the accident. 

Document the scene

When law enforcement is dispatched to a car accident scene, they will take a police report which will include a detailed account of the accident, the parties involved, injuries sustained, and other important information. You can obtain a copy of this report for your claim. 

Other ways to document the scene include: 

1. Witness statements
2. Taking photographs of the accident
3. Taking photographs of your injuries 
4. Capturing images of evidence like skid marks, signage, and other indicators that can help establish fault
5. Documenting your medical treatments and care

Notify your insurer

You must notify your PIP insurer in a timely manner. Not doing so could keep you from recovering compensation. Additionally, never sign anything offered by your insurer until you have an experienced car accident lawyer review it first. 

Speak with a car accident lawyer

Obtaining legal representation from an experienced car accident lawyer ensures that your interests are protected. Jack Bernstein, Injury Attorneys can help you understand your rights and options. Our attorneys will negotiate on your behalf, work with all parties involved, and represent you to the fullest extent of the law. 

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How can a car accident lawyer help me?

An experienced car accident attorney has a detailed understanding of Florida auto insurance laws. If your case goes to trial, an experienced lawyer will have an intimate knowledge of the court system and how to navigate it. The team at Jack Bernstein, Injury Attorneys has years of experience navigating Florida insurance laws and can represent you when dealing with all involved parties. 

Frequently Asked Questions

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