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Florida accident claims: deadlines and fault rules

Last updated: November 10, 2026

In Florida, you generally have 2 years to bring a negligence claim for an accident that happened on or after March 24, 2023 (Fla. Stat. § 95.11(4)(a), as amended by HB 837). Florida is a no-fault state, and if you are more than 50% at fault you recover nothing.

The rules at a glance

TopicThe rule and its source
Deadline for an accident claim2 years for negligence claims arising on or after March 24, 2023; 4 years before that date (Fla. Stat. § 95.11(4)(a), as amended by HB 837)
Deadline for property damageNot covered by this guide yet; a lawyer can confirm the deadline for your property damage
Fault ruleModified comparative fault: if you are more than 50% at fault, you recover nothing (Fla. Stat. § 768.81(6))
No-fault or at-fault insuranceNo-fault state: your own PIP coverage pays first, up to $10,000 (Fla. Stat. § 627.736)
Claims against a governmentClaims against the state: written notice within 3 years (Fla. Stat. § 768.28(6))

What this means for you

If your accident happened on or after March 24, 2023, plan on 2 years, and do not wait until the end. For an accident before that date, the older 4-year deadline may apply.

Your own PIP coverage pays first, up to $10,000, whoever caused the crash. Whether you can also claim more from the at-fault driver depends on the facts, and a lawyer can tell you.

If you share the blame, what you recover is reduced by your share, and if you are more than 50% at fault you recover nothing. Evidence from the scene matters.

Exceptions to know about

  • Different rules can apply when the person with the claim is a minor. A lawyer can tell you how they apply.
  • Claims against the state need written notice within 3 years (Fla. Stat. § 768.28(6)), and other conditions can apply, so a crash with a government vehicle needs early attention.
  • In some situations a deadline may be counted from when a harm was discovered rather than the day of the accident. Whether that can apply depends on the facts, so do not count on it.

Accident claims

Frequently asked questions

How long do I have to bring an accident claim in Florida?

Generally 2 years for negligence claims arising on or after March 24, 2023, and 4 years for those before (Fla. Stat. § 95.11(4)(a), as amended by HB 837).

What if I was partly at fault?

Florida uses modified comparative fault: what you recover is reduced by your share of the fault, and if you are more than 50% at fault you recover nothing (Fla. Stat. § 768.81(6)).

Do I need a lawyer?

You do not have to hire one, but a lawyer can deal with the insurers, keep track of the deadlines and tell you what your claim may be worth. Accident lawyers usually work on contingency, which means no fee unless they win; case costs may apply.

What if a government vehicle hit me?

Claims against the state need written notice within 3 years (Fla. Stat. § 768.28(6)). Other conditions can apply, so talk to a lawyer early.

CaseHelp is not a law firm and does not give legal advice. This page is general information, not legal advice, and laws change. For advice about your own situation, talk to a licensed lawyer in your state.