How Long Do You Have to Sue After a Car Accident in Florida?
For most crashes on or after March 24, 2023, Florida gives you two years to file a negligence lawsuit. Older crashes may fall under the previous four-year rule, and exceptions can move the date in either direction. General information only — not legal advice.
The general rule (as of 2026)
House Bill 837, signed March 24, 2023, shortened Florida's statute of limitations for general negligence claims — including most car accident injury claims — from four years to two years (section 95.11, Florida Statutes). The change applies to causes of action accruing after the effective date. A crash that happened before March 24, 2023 is generally still governed by the older four-year period, but the interplay can be fact-specific, so treat any older-crash deadline as something to confirm with counsel immediately.
Different claims, different clocks
Bodily injury (negligence)
Generally two years from the crash date for post-March 24, 2023 crashes.
Wrongful death
Generally two years from the date of death, which may differ from the crash date.
Vehicle and property damage
Property-damage claims founded on negligence — which covers most crash vehicle-damage claims — follow the same rule as injury claims: generally two years for crashes on or after March 24, 2023, and generally four years for earlier crashes under the prior law. Confirm your specific deadline with a Florida attorney.
Claims against government entities
Suing a city, county, or state agency requires written pre-suit notice under section 768.28, with its own notice periods and waiting requirements. These are much easier to miss.
Uninsured motorist (UM/UIM) claims
These are contract-based claims against your own insurer and can follow different timing rules tied to your policy.
What exceptions can change the date?
Tolling can pause the clock in limited situations — for example, when the defendant leaves Florida or conceals themselves, or in some cases involving minors or incapacity. None of these are automatic or safe to assume. If your crash was more than a year ago, the practical move is to have a licensed Florida attorney calculate your exact deadline now.
Why the lawsuit deadline isn't your only deadline
Long before the statute of limitations runs, two shorter clocks matter: the 14-day PIP treatment window, which controls whether your own insurance pays medical benefits, and prompt crash reporting and evidence preservation, covered in what to do after a Florida car accident. Understanding Florida's no-fault system explains how these pieces fit together.
FAQ
Is the Florida statute of limitations 2 or 4 years?
For most car accident negligence claims accruing on or after March 24, 2023, it is two years. Many crashes before that date fall under the prior four-year rule. Confirm your specific date with an attorney.
What happens if I file after the deadline?
The defendant can move to dismiss, and courts routinely dismiss time-barred claims regardless of how strong the underlying case is.
Does reporting to insurance stop the clock?
No. An open insurance claim or ongoing settlement talks do not pause the statute of limitations. Only filing suit (or a legally recognized tolling event) protects the deadline.
How long do I have if the at-fault driver was uninsured?
A UM/UIM claim against your own policy is contractual and may have different timing than the negligence deadline. Read your policy and confirm with counsel.