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Car accident filing deadline in Florida

What the law in Florida says, how the 2 years is counted, and the shorter deadline most people never hear about.

2 years

In Florida, injury claims from a motor vehicle accident generally must be filed within 2 years of the accident.

Source: Fla. Stat. 95.11(5)(a)

If a government vehicle was involved, the deadline is shorter

Unusual in Florida: 3 years to serve written notice on the agency and the Department of Financial Services (Fla. Stat. 768.28(6)), then a 180 day wait before suing.

Worth knowing about Florida

Florida cut this from 4 years to 2 for crashes on or after 24 March 2023, and a great deal of advice online is still wrong about it. Florida is also a no fault state: PIP requires treatment within 14 days of the crash.

When does the clock start?

In most cases the clock starts on the day of the crash, not the day you realised how badly you were hurt. Some states start it when the injury was discovered, and the deadline can be paused for an injured child. Because these exceptions turn on the facts, treat the figure above as the starting point for a conversation with an attorney in Florida, not as the last word.

Why the deadline matters more than people expect

Insurers know the date better than you do. An adjuster who is friendly and slow early on is not necessarily stalling on purpose, but the effect is the same: once the deadline passes, the leverage is gone and the claim is normally finished no matter how clear the fault was. That is why it is worth knowing your own date now, even if you do nothing else with it.

What decides what a claim is worth

Nobody can value your case from a web form, and you should be wary of any site that puts a number on it before reading your file. What we can do is explain honestly what sets the figure.

Most claims are paid by the at fault driver liability policy, and that policy has a limit. In many states the legal minimum is startlingly low. If the person who hit you carries the minimum, that caps what their insurer will pay however badly you were hurt. Your own underinsured motorist cover is often what closes the gap, and most people do not know whether they have it.

Deadlines depend on the facts of your case. Confirm yours with an attorney. We are a marketing service, not a law firm and not a lawyer referral service. Nothing here is legal advice.