Florida Car Accident Laws

Florida passed a major tort-reform law, House Bill 837, in March 2023, and it changed two of the things that matter most after a crash: how long you have to sue, and what happens if you were partly at fault. If you're reading older articles or a friend's out-of-date advice, this is where things may have gone stale. Here's what applies now.

The two-year deadline only applies to accidents on or after March 24, 2023. If your crash happened before that date, the older four-year deadline still applies to you.

Statute of limitations: 2 years

Under Florida Statute §95.11(5)(a), as amended by House Bill 837 (ch. 2023-15), you generally have two years from the date of the accident to file a personal injury lawsuit. This applies to negligence-based claims, which covers the great majority of car accident cases.

The clock generally starts on the date of the accident itself, not when you discover an injury or finish treatment. There are narrow exceptions (for minors, or if the at-fault party is hiding or leaves the state), but they're the exception, not the rule — don't count on one applying to you. For the general concept, see our national guide on claim deadlines.

Fault rule: modified comparative negligence, 51% bar

Florida also moved from a "pure" to a "modified" comparative negligence system under Florida Statute §768.81. Here's the practical difference:

Before 2023, Florida used pure comparative negligence, where you could recover something even if you were mostly at fault. That's no longer the case for most accident claims — which makes how fault gets assigned more consequential than it used to be. See what to do if it wasn't your fault for how to protect your position.

No-fault system: PIP insurance

Florida requires drivers to carry Personal Injury Protection (PIP) coverage — a minimum of $10,000 — plus $10,000 in Property Damage Liability. After a crash, you generally claim your own medical costs and some lost wages through your own PIP first, regardless of who caused the accident. PIP typically covers around 80% of reasonable medical expenses and 60% of lost wages, up to the policy limit.

A change on the horizon

Florida's no-fault system is scheduled to convert to an at-fault (tort) system on January 1, 2027. As of today, Florida is still operating under the no-fault/PIP rules described above — but if your accident happens after that date, different rules will apply. We'll update this page when that change takes effect.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Florida's rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

A mistake worth avoiding in Florida

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

If a government vehicle or agency was involved

Claims against Florida state and local government are capped by statute (Fla. Stat. §768.28): no more than $200,000 per person and $300,000 per incident, regardless of your actual damages, with anything above that requiring a separate legislative claim bill that isn't guaranteed to succeed. A pre-suit written notice requirement also applies before you can sue. These caps have been the subject of legislative debate, so it's worth confirming the current figures directly rather than relying on an older source.

If the crash resulted in a death

Florida gives two years from the date of death for a wrongful death claim (Fla. Stat. §95.11(5)(e)), brought only by the estate's personal representative on behalf of the surviving spouse, children, and parents (Fla. Stat. §768.20/.21). One quirk worth knowing: adult children are excluded from recovery if the decedent left a surviving spouse. There's no deadline at all if the death resulted from murder or manslaughter (§95.11(11)).

Uninsured/underinsured motorist coverage

Florida is unusual: the state doesn't require bodily injury liability insurance at all — only $10,000 in PIP and $10,000 in property damage (Fla. Stat. §627.733). That means the driver who hits you could legally carry zero coverage for your injuries. Insurers must offer UM/UIM at your bodily-injury limits (Fla. Stat. §627.727), and you can reject it only via a specific written form, but given the gap in Florida's minimums, UM/UIM is arguably the single most important optional coverage a Florida driver can carry. Florida also uniquely allows “stacked” UM coverage, which multiplies your limit by the number of vehicles on your policy.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Florida law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

Given the 51% fault bar, how fault gets assigned in Florida can make the difference between a full recovery and nothing at all. If fault is disputed, or you were seriously injured, a free, no-obligation conversation can help you understand where you stand.