Florida car accident claims

What Is the Statute of Limitations for a Florida Car Accident?

By Miller & Jacobs Accident Attorneys

For a typical Florida car accident injury lawsuit based on negligence, the deadline is two years, usually measured from the crash. The 2023 change applies to claims that accrued after March 24, 2023. Older crashes, government claims, and other types of claims need a separate date check.

An open claim number or ongoing talks with an adjuster do not, by themselves, extend the time to sue. The useful questions are which claim you have, when it arose, and what must be filed before time runs out.

Start with the claim date

Two years under the current rule

Florida Statutes section 95.11(5)(a) gives two years for an action founded on negligence. For a routine crash injury claim, the clock usually starts on the crash date. The legal term is accrual: the point when the facts needed for a claim have occurred.

Claims under the 2023 change

2 years

This is the usual filing period for a crash injury negligence claim that accrued after March 24, 2023.

Claims that arose earlier

4 years

An older claim may fall under the former four-year rule. Section 28 of the 2023 law makes the change turn on when the claim accrued.

If the crash was near the change in the law, have the date and claim reviewed. A later diagnosis does not automatically restart the clock for an ordinary negligence claim. Adding two years on a calendar is a starting point, not a confirmed filing date.

Reporting is a separate step

An insurance claim is not a filed lawsuit

Reporting a crash starts the insurer’s claim process. Filing a complaint starts a court case. Sending an adjuster medical records, a demand letter, or a settlement offer is not the same as filing that complaint.

Treatment and settlement talks do not, on their own, pause the lawsuit clock. Florida’s tolling law lists limited reasons a deadline may be paused. Do not assume an insurer’s request for more time changes your filing date.

A simple timing example

Suppose an ordinary crash injury claim arose in June 2025. The usual two-year period points to June 2027. If an adjuster asks for more records in May 2027, that request does not itself move the deadline. These months are an example, not a filing-date calculation for your case.

Our guide to Florida car accident reporting deadlines covers police reports, policy notices, and early insurance steps. Those requirements run alongside the time to sue.

Speak With Our Car Accident Lawyers About Filing Deadlines

Mark J. Miller, Partner

Rick S. Jacobs, Partner

Bring the crash date, the names of those involved, and any insurance or government notices. Our Pompano Beach car accident lawyers can review which claim and deadline apply to the facts you have.

Call 954-465-8733 Schedule a Free Consultation

Prefer to write? Send a message with the crash date and a way to reach you.

Check the type of claim

When the usual two-year answer needs more work

The same crash can lead to more than one legal claim. Identify the party you would sue and the legal basis before relying on a deadline.

A Florida government vehicle

For a claim governed by section 768.28, written notice generally must be presented within three years, and the lawsuit generally must be filed within four years. These are separate requirements. The required recipient and waiting steps also matter. Wrongful-death claims have different timing; federal claims follow a different process.

A child or an incapacitated person

Florida allows tolling in limited circumstances involving minors or incapacity. A child’s claim does not automatically stay open until age 18. The availability and role of a parent or guardian can matter. Have the child’s claim and any parent’s claim checked separately.

Death, property damage, or policy rights

Wrongful-death claims generally have a two-year period tied to the death. Vehicle damage and claims under an insurance policy may turn on a different legal basis. Do not assume a four-year figure found online gives every property claim extra time.

Early care and insurance notices

Florida’s PIP law requires qualifying initial care within 14 days for medical benefits, subject to its other conditions. This is not the lawsuit deadline. Insurance policies may also require prompt notice. Check both instead of treating two years as permission to wait.

Build a clear date record

What to bring for a deadline review

You do not need a perfect file to ask about timing. Start with what you have. Tell the lawyer which dates are certain and which you only recall. Keep original letters and files.

For the separate questions of coverage, bills, and settlement paperwork, see our guide to getting paid after a car accident.

1. The crash record

Bring the exact crash date, location, police report or report number, and the names of drivers and vehicle owners. Note if a government vehicle or employee was involved.

2. Insurance and notice letters

Bring claim numbers, policy documents, demands, offers, denials, and any notice sent to a government agency. Keep dates and proof of delivery. Include any lawsuit papers or signed releases.

3. Medical and family dates

Bring the first treatment date and records that explain the injury timeline. If the injured person is a child, has a guardian, or died, include those facts and relevant dates.

Questions when time is running short

Can I wait until treatment ends?

Ongoing care does not itself extend the deadline. A claim can need a filing decision while the medical picture is still developing. Share your current records and ask how the filing date affects the next step.

What if I am waiting for a final offer?

Ask for the court filing date to be checked while talks continue. The insurer’s response date and the lawsuit deadline are separate. Do not treat a promised offer as extra filing time.

What if I think the deadline has passed?

Have the actual dates, type of claim, and any recognized tolling reason reviewed promptly. A missed deadline can prevent a lawsuit from moving forward. A different claim or exception must be supported by the facts and law; it should not be assumed.