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According to the Florida Highway Safety and Motor Vehicles, Florida saw a total of 395,175 car accidents in 2023. Auto accidents in Florida leave drivers and passengers with medical bills, car repairs, and questions about their legal rights. One of the most common questions people ask is how long they have to bring a lawsuit.
When you‘re aware of the Florida car accident claim deadline, it can make a big difference between getting compensation and missing your chance completely.
We’ll explain the time limit to file a car accident lawsuit in Florida, why deadlines matter, and what exceptions might apply after an auto accident.
What Is The Statute Of Limitations On Car Accident Claims In Florida?
Florida’s two-year deadline for car accident claims is fairly new. In March 2023, Florida passed House Bill 837, which made big changes to car accident and personal injury claims. The new law aims to reduce civil lawsuits, but also gives accident victims less time to file.
One of the biggest changes was cutting the deadline to sue for negligence-based claims, like car accidents, from four years down to two years. This two-year limit now applies to most personal injury claims, including car, truck, and motorcycle accidents, as well as slips and falls.
Why Does This Deadline Matter?
If you wait too long and miss the Florida car accident claim deadline, the court will almost always dismiss your case. Even if your injuries are severe or the other driver was clearly at fault, the court can refuse to hear your claim once the deadline passes.
As you can imagine, insurance companies are also aware of these deadlines. If they see the statute of limitations has expired, they won’t offer a settlement. That means you could lose your right to recover medical bills, lost income, and other damages.
When Does The Countdown Start?
The deadline usually starts on the day of the accident. For wrongful death claims, it starts on the date the person died, which could be days or weeks after the accident.
There are rare situations that might extend the deadline, such as:
- The injured person is under 18.
- The person is mentally incapacitated.
- The at-fault driver leaves the state and cannot be found.
These exceptions are limited, and the rules are strict, so it’s best not to rely on them without legal advice.
How Does the Florida No-Fault Insurance Car Accident Law Affect Your Claim?
The Sunshine State uses a no-fault insurance system. After a Florida auto accident, you first use your Personal Injury Protection (PIP) coverage, which pays medical expenses and lost wages up to $10,000, no matter who caused the accident.
To qualify for PIP benefits, you must get medical treatment within 14 days of the accident. This deadline is separate from the statute of limitations on car accident claims in Florida, but it’s equally important.
If your injuries are serious enough, you can step outside the no-fault system and sue the at-fault driver. This is when the Florida car accident claim deadline of 2 years applies.
What If You Notice Injuries Weeks Later?
Sometimes, pain or injury symptoms show up days or even weeks after your Florida auto accident. Even then, the countdown usually starts on the date of the accident itself, not when symptoms appear.
This is why doctors recommend getting checked as soon as possible, even if you feel okay at first. Medical records from right after the accident help prove that your injuries came from the auto accident and not something else.
Common Reasons People Miss The Deadline
Many people end up missing the deadline to file a car accident lawsuit in Florida, often because of everyday reasons that feel understandable at the time. Some hope their injuries will heal on their own and don’t want to rush into legal action. Others trust that the insurance company will handle things fairly and pay what’s needed without going to court. And some simply don’t realize that Florida law has a strict time limit to file a car accident claim.
Unfortunately, as we mentioned above, waiting too long can cause real problems later. Important evidence like accident scene photos, medical records, or repair estimates can get lost or harder to find. Witnesses who saw what happened may forget details or become impossible to track down. Insurance companies may also slow down your claim, hoping you’ll run out of time to sue.
Even if you have a strong case, missing the deadline usually means you lose the chance to go to court and get compensation for your injuries, medical bills, or lost wages. That’s why it helps to learn about the deadline early and talk to a personal injury lawyer soon after your accident, so you can protect your rights and avoid surprises later on.
Why Acting Quickly Helps Your Claim
Filing your claim early makes your claim stronger in other important ways:
- Witnesses remember details better: Right after an accident, people who saw what happened can recall details like how the car accident occurred, what the weather was like, or what each driver was doing. Over time, memories fade, and witnesses might mix up facts or even forget entirely.
- Physical evidence is easier to document. Things like skid marks on the road, broken car parts, or damage to nearby property can help show how the accident happened. If too much time passes, this evidence can disappear or get cleaned up.
- Doctors can clearly show that your injuries came from the crash. If you see a doctor soon after the accident, your medical records will directly connect your injuries to the crash. Waiting too long to get medical care can make it harder to prove that the accident and not something else caused your injuries.
- Insurance adjusters are less likely to deny or delay your claim. Acting quickly shows that you’re serious and helps prevent the insurance company from arguing that your injuries aren’t related or that your claim isn’t urgent.
Taking these steps early makes it easier to build a strong case, protect your rights, and improve your chances of getting fair compensation for your medical bills, lost income, and pain. Even if you’re unsure how serious your injuries are, speaking with a lawyer and getting checked by a doctor soon after the accident can make a big difference later.
Final Thoughts
Understanding the time limit to file a car accident lawsuit in Florida is important if you’ve been hurt in a crash. Florida’s new two-year deadline means accident victims have less time than before to take legal action. Acting quickly can help you meet this deadline and make your claim stronger by keeping evidence fresh, helping witnesses remember, and linking your injuries to the accident.
If you’ve been in an auto accident, don’t wait to learn about your rights and options. Talking to a car accident lawyer early can help protect your chances of getting justice.
