Florida Car Accident Claim Deadline

Key Deadlines

How Long After a Car Accident Can You Claim Injury in Florida?

If you're wondering how long you have to file a car accident claim in Florida, the answer depends on the type of claim. The statute of limitations for car accident injury claims in Florida was significantly shortened in 2023. Here are the current deadlines:

• Personal injury: 2 years — This is the most critical deadline for anyone hurt in a car accident. Prior to March 2023, Florida allowed 4 years. The new 2-year statute of limitations (under HB 837) applies to accidents occurring on or after March 24, 2023.
• Property damage: 4 years — Claims for vehicle damage and other property losses still carry a 4-year statute of limitations.
• PIP benefits: 14 days (critical)— Under Florida's no-fault system, you must seek initial medical treatment within 14 days of the accident to be eligible for Personal Injury Protection benefits. Missing this deadline can cost you up to $10,000 in medical coverage.
• Wrongful death: 2 years — If a car accident results in a fatality, the surviving family has 2 years from the date of death to file a wrongful death claim.
• Government claims: shorter notice periods — Claims against Florida state or local government entities typically require written notice within 3 years, but you should act well before that. Specific agencies may have additional pre-suit notice requirements.

Not sure about your specific deadline? Check your claim deadline by state to see exactly how much time you have left.

How to File a Car Accident Claim in Florida

Filing a car accident claim in Florida is different from most states because of Florida's no-fault insurance system. You don't go directly after the at-fault driver — instead, you start with your own insurance. Here's the step-by-step process:

1. File a PIP claim with your own insurer.Under Florida's no-fault system, your first step is to file a claim under your Personal Injury Protection (PIP) coverage. PIP covers up to 80% of medical expenses and 60% of lost wages, up to your policy limit (minimum $10,000). Remember: you must seek medical treatment within 14 days of the accident.
2. Determine if your injuries meet the serious injury threshold. If your injuries are minor and covered by PIP, that may be the extent of your claim. However, if you suffered significant and permanent loss of bodily function, permanent scarring or disfigurement, or death, you can step outside the no-fault system.
3. File a claim or lawsuit against the at-fault driver.Once your injuries qualify under the serious injury threshold, you can pursue a third-party claim against the at-fault driver's bodily injury liability insurance — or file a personal injury lawsuit if a settlement can't be reached. You have 2 years from the accident date to file this lawsuit.
4. Gather and preserve evidence. Strong documentation is essential for any car accident claim. Photographs, police reports, medical records, and witness statements all strengthen your case. Build a customized evidence checklist to make sure you don't miss anything.

For a complete walkthrough of what to do immediately after a collision, see our guide on what to do after a car accident.

Florida's No-Fault System

Florida is a no-fault state. This means your own insurance (Personal Injury Protection, or PIP) pays for your initial medical expenses and a portion of lost wages, regardless of who caused the accident.

PIP coverage in Florida covers up to 80% of medical expenses and 60% of lost wages, up to your policy limits (minimum $10,000). However, PIP alone often does not cover the full cost of serious injuries.

To step outside the no-fault system and file a lawsuit against the at-fault driver, your injuries must meet Florida's "serious injury" threshold — generally meaning significant and permanent injury, loss of bodily function, or death.

Comparative Negligence in Florida

As of 2023, Florida uses modified comparative negligence (51% bar). You cannot recover damages if you are found 51% or more at fault. If you are 50% or less at fault, your compensation is reduced by your fault percentage.

Minimum Insurance Requirements

• $10,000 Personal Injury Protection (PIP) — required
• $10,000 Property Damage Liability — required
• Bodily Injury Liability — not required but recommended

Unlike most states, Florida does not require bodily injury liability coverage, which means the at-fault driver may not have sufficient coverage for your injuries. Uninsured motorist coverage is strongly recommended.

What to Do After a No-Fault Accident in Florida

If you've been in a no-fault accident in Florida, knowing what to do can make the difference between receiving full compensation and losing your right to benefits. Florida's no-fault system requires specific steps that differ from traditional fault-based states.

1. Get medical attention within 14 days.This is the single most important deadline after a no-fault accident in Florida. Under Florida Statute 627.736, you must receive initial medical treatment within 14 days to qualify for PIP benefits. If you miss this window, your insurer can deny up to $10,000 in medical coverage — even if your injuries are legitimate. If you're unsure about your symptoms, see our guide on delayed symptoms after a car accident.
2. Report the accident to your own insurer. Because Florida is a no-fault state, your first insurance claim goes through your own PIP policy — not the other driver's. Contact your insurer as soon as possible to open a PIP claim. PIP covers 80% of reasonable medical expenses and 60% of lost wages, up to your policy limit.
3. Document everything at the scene and after. Take photos of vehicle damage, road conditions, and any visible injuries. Get the other driver's insurance information and contact details for witnesses. Obtain a copy of the police report. Use our evidence checklist builder to make sure you capture every detail that matters.
4. Determine if you can step outside the no-fault system. If your injuries are serious — such as permanent loss of bodily function, significant scarring, or permanent injury — you may be able to pursue a claim directly against the at-fault driver. This allows you to seek full compensation for pain and suffering, which PIP does not cover. Check if you may have a case beyond PIP benefits.
5. Keep detailed records of all expenses. Track every medical bill, prescription cost, mileage to appointments, and lost work days. These records are essential whether you stay within the no-fault system or pursue a third-party claim.

For a complete walkthrough of immediate actions to take, see our step-by-step guide on what to do after a car accident.

Important Exceptions

• 14-day PIP deadline: Medical treatment must begin within 14 days to qualify for PIP benefits.
• Government claims: Claims against Florida government entities may have shorter notice requirements.
• Minors: The statute of limitations may be tolled for claims involving children.
• 2023 law change: The personal injury statute of limitations was reduced from 4 years to 2 years effective March 2023.

Frequently Asked Questions

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