Florida Car Accident Statute of Limitations After HB 837

If you were hurt in a car accident in Florida, there is a deadline to file a lawsuit, and it is shorter than it used to be. In 2023, Florida cut the time limit for most negligence claims, including typical car crash cases, from four years to two. Here is what that means for you.

The deadline today: two years

Florida’s statute of limitations is in section 95.11 of the Florida Statutes. Under it, “an action founded on negligence” must be filed within two years. Most car accident injury claims are negligence claims: you are saying another driver was careless and that carelessness hurt you.

For a car crash, the two years usually start on the day of the accident. If you miss the deadline, your case can be dismissed no matter how strong it is.

Negotiating with an insurance company does not stop the clock. Florida law lists a small number of situations that pause, or “toll,” a statute of limitations, such as the at-fault person being out of the state, and says that no other reason does.

What the deadline was before HB 837

Before 2023, Florida gave you four years to file a negligence lawsuit. That changed with HB 837, a major tort reform bill that became law when the Governor signed it in March 2023. The Florida Senate’s summary of the bill says it “reduces the statute of limitations for general negligence cases from four years to two years.”

HB 837 also changed other rules for injury cases. One of the biggest: Florida moved to a “modified” comparative negligence system. If you are found more than 50 percent at fault for your own injuries, you generally cannot recover damages from the other parties. (This rule does not apply to medical negligence cases.)

Which accidents does the new two-year rule cover?

HB 837 took effect on March 24, 2023. The bill includes a specific transition rule: the change to the statute of limitations applies to causes of action that accrue after the effective date. In practice:

• Accident after March 24, 2023: you generally have two years to file a lawsuit.
• Accident before March 24, 2023: the previous four-year deadline generally still applies. That means some pre-reform claims are still open, but the last of them will run out in March 2027.

There is a catch for older claims. Most of HB 837’s other changes, including the modified comparative negligence rule, apply to lawsuits filed after March 24, 2023. So even if your accident predates the reform, a lawsuit you file now is likely governed by many of the new rules.

If your accident happened close to March 24, 2023, have a lawyer check which deadline applies. Do not guess.

Wrongful death claims: two years from the death

If a loved one died because of a car accident, the deadline for a wrongful death lawsuit is also two years. This deadline did not change in 2023; wrongful death claims had a two-year limit before HB 837 too.

The two years are measured from the date of death, which is not always the date of the crash. In Florida, a wrongful death case is brought by the personal representative of the person who died, on behalf of the family members who survive them and the estate.

Crashes involving a government vehicle or agency

If a state agency, county or city is responsible for your crash, for example because a government vehicle was involved, a different statute applies: section 768.28, Florida’s limited waiver of sovereign immunity. It has its own deadlines and requirements:

• Written notice first. Before you can sue, you must present your claim in writing to the responsible agency within three years after the claim accrues. For most claims, you must also send notice to the Florida Department of Financial Services. That extra notice is not required for claims against a city (municipality), a county or the Florida Space Authority.
• Wrongful death notice. For a wrongful death claim, notice to the Department of Financial Services must be given within two years after the claim accrues.
• A waiting period. Notice and denial of the claim are conditions you must meet before filing suit. If the agency does not make a final decision within six months of the claim being filed, it is treated as a denial. For wrongful death claims, that period is 90 days.
• Deadline to sue. The statute generally requires the lawsuit to be filed within four years after the claim accrues. Wrongful death claims against the government follow the two-year limit in section 95.11.
• Limits on recovery. The law generally caps what the government pays at $200,000 per person and $300,000 for all claims arising from the same incident.

These steps are technical, and a mistake in the notice can sink an otherwise valid claim. Do not count on having three or four years. Start early.

Why waiting is risky, even with time left

Two years can sound like plenty of time. In practice, waiting hurts injury claims in ways that have nothing to do with the legal deadline:

• Evidence disappears. Surveillance and dash camera video may be recorded over. Vehicles get repaired or scrapped. Skid marks and debris are cleaned up.
• Memories fade. Witnesses move, change phone numbers or remember less as time passes.
• Your case needs preparation. Gathering medical records, police reports and insurance information takes time.
• The PIP 14-day rule. Florida personal injury protection (PIP) coverage pays up to $10,000 in medical and disability benefits. To use PIP medical benefits, you must receive initial services and care within 14 days after the motor vehicle accident. If a qualified provider determines you did not have an emergency medical condition, PIP medical reimbursement is limited to $2,500.

The safest approach is simple: get medical care right away, keep your records, and talk to a lawyer well before the deadline.

Learn more about Florida car accident claims

For an overview of our Florida offices, visit our Florida locations page. If you were hurt in South Florida or the Tampa Bay area, see our Miami car accident lawyer and Tampa car accident lawyer pages.

Sources

• 2026 Florida Statutes, Chapter 95 (ss. 95.051 and 95.11), Florida Senate
• 2020 Florida Statutes, s. 95.11 (pre-2023 limitations periods), Florida Senate
• CS/CS/HB 837 (2023), Enrolled Bill Text, Florida Senate
• 2023 Bill Summary: CS/CS/HB 837, Civil Remedies, Florida Senate
• 2026 Florida Statutes, s. 768.28 (Waiver of sovereign immunity in tort actions), Florida Senate
• Florida Statutes, s. 768.20 (Parties in wrongful death actions), Florida Senate
• Florida Statutes, s. 627.736 (Personal injury protection benefits), Florida Senate

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case is different; speak with a lawyer about your situation.