Statute of Limitations for Car Accidents in Florida: What You Need to Know

February 23, 2025 | Winters & Yonker Personal Injury Lawyers | Tampa car accident law, Tampa personal injury law, Tampa Personal Injury Resources

If you’ve been involved in a car accident in Florida, it’s important to act quickly to protect your legal rights. The Florida statute of limitations is the legal deadline for filing a lawsuit after an accident. If you miss this deadline, you lose the right to pursue compensation for your injuries, medical expenses, lost wages, and pain and suffering. Call an experienced Tampa Heights personal injury attorney near you asap!

In March 2023, Florida changed its statute of limitations for car accident injury claims, making it shorter than before. Below, we’ll explain the deadlines for filing a personal injury claim, property damage claim, and wrongful death lawsuit, as well as exceptions that may extend the deadline.

1. What Is the Statute of Limitations for Car Accidents in Florida?

🚨 Deadline for Filing a Car Accident Lawsuit in Florida

Personal Injury Claims: 2 years from the date of the accident (previously 4 years, changed in March 2023).
Property Damage Claims: 4 years from the date of the accident.
Wrongful Death Claims: 2 years from the date of death.

These deadlines apply to filing a lawsuit in court, not to insurance claims. However, insurance companies also have strict deadlines, so it’s best to take legal action as soon as possible.

2. What Happens If You Miss the Statute of Limitations?

If you try to file a lawsuit after the deadline has passed, the court will likely dismiss your case, and you won’t be able to recover compensation—no matter how strong your case is.

There are some exceptions that may extend the deadline, but these are rare (see Section 5 below).

3. Why Did Florida Change Its Personal Injury Statute of Limitations?

In March 2023, Florida passed House Bill (HB) 837, reducing the statute of limitations for personal injury cases from 4 years to 2 years. This change was made to:

Limit frivolous lawsuits and reduce insurance litigation.
Encourage victims to file claims sooner rather than delaying.
Align Florida with other states that have shorter personal injury deadlines.

Because of this change, accident victims now have less time to file a lawsuit, making it even more important to act quickly after a crash.

4. When Does the Statute of Limitations Start?

The clock usually starts ticking on the date of the accident. However, in certain cases, the deadline may begin later:

📌 For Wrongful Death Cases: The 2-year countdown starts on the date of death, not the accident date (if the victim died later from their injuries).

📌 For Minors or Legally Incapacitated Victims: If the victim is under 18 or mentally incapacitated, the deadline may be extended.

📌 For Uninsured/Underinsured Motorist (UM/UIM) Claims: Some insurance policies allow extra time to file UM/UIM claims against your own insurance company.

5. Exceptions That May Extend the Deadline

While Florida courts strictly enforce the statute of limitations, there are a few rare exceptions where the deadline may be extended:

🚧 1. The “Discovery Rule” (Delayed Injury Discovery)

If an injury was not immediately apparent, the statute of limitations may begin on the date the injury was discovered (or should have been discovered). However, this exception is rare in car accident cases because injuries are usually noticed soon after the crash.

🚧 2. Defendant Leaves the State

If the at-fault driver leaves Florida after the accident but before a lawsuit is filed, the time they are out of state may not count toward the statute of limitations.

🚧 3. Fraud or Misrepresentation

If the at-fault party intentionally concealed evidence or misrepresented facts, the court may extend the deadline.

🚧 4. Government Claims (Shorter Deadlines)

If you’re filing a claim against a government entity (e.g., a city bus accident or police vehicle crash), the statute of limitations is usually shorter than the standard deadline. You may need to file a notice of claim within 6 months.

6. How Long Do You Have to File an Insurance Claim?

While the statute of limitations applies to lawsuits, insurance companies also have their own deadlines for filing claims:

🚗 Personal Injury Protection (PIP) Claims: 14 days to seek medical treatment (Florida’s “14-Day Rule”).
🚗 Bodily Injury and Property Damage Claims: Each insurance company sets its own deadline (usually a few weeks to a few months).
🚗 Uninsured/Underinsured Motorist (UM/UIM) Claims: Deadlines depend on your insurance policy (typically 1-5 years).

Failing to file your claim on time could result in a denial of coverage, even if the accident wasn’t your fault.

7. Steps to Take Before the Statute of Limitations Expires

If you’ve been injured in a Tampa car accident, don’t wait until the last minute to take action. Follow these steps to protect your rights and ensure you meet all legal deadlines:

✅ Seek Medical Treatment Immediately – Florida’s 14-day rule requires you to get medical care quickly to qualify for PIP benefits.

✅ Gather Evidence – Take photos, videos, and witness statements at the accident scene.

✅ Request the Police Report – A police report can serve as key evidence in your case.

✅ Notify Your Insurance Company – Report the accident as soon as possible to avoid claim denials.

✅ Consult a Car Accident Lawyer in Tampa – An experienced attorney can handle negotiations, file lawsuits on time, and maximize your compensation.

8. Why You Should Contact a Lawyer ASAP

A Tampa car accident lawyer can help you:

File your lawsuit before the deadline expires.
Negotiate with insurance companies to prevent lowball settlements.
Gather crucial evidence before it disappears.
Handle legal paperwork and court filings so you don’t miss deadlines.
Fight for maximum compensation for medical bills, lost wages, and pain & suffering.

Even if you think two years is enough time, waiting too long can make it harder to gather evidence, locate witnesses, and negotiate a fair settlement.

9. Need Legal Help? Contact a Tampa Car Accident Lawyer Today

If you’ve been injured in a Tampa car accident, don’t risk missing the deadline to file your claim. The sooner you take legal action, the better your chances of recovering full compensation.