Florida Car Accident Statute of Limitations: How Long Do You Have to File? (2026)

Florida runs five different clocks on one car accident, and they don't agree with each other.

Two years to sue the driver. Four years for your car. Five years against your own insurer. Three years to put a government agency on notice. And fourteen days to see a doctor, or your PIP evaporates.

Most Florida guides still say "four years." That's been wrong since March 24, 2023.

## ⚡ Quick Answer For crashes on or after March 24, 2023, you have two years to file a negligence lawsuit under Fla. Stat. § 95.11 — cut from four years by HB 837. Wrongful death is also two years. Property damage stays four years. A claim against your own insurer (PIP or UM) is a five-year contract claim. Claims against a governmental entity require written notice within three years (two for wrongful death) under § 768.28(6). Crashes before March 24, 2023 keep the old four-year negligence period.

📝 Record your accident with NowAccident today → — evidence fades long before any deadline does.

What changed in 2023, exactly?

HB 837 — Chapter 2023-15, Laws of Florida, signed and effective March 24, 2023.

It cut the general negligence limitations period from four years to two. That's it. That's the change that invalidated roughly half the Florida legal content on the internet.

The crucial detail: it applies to causes of action accruing after the effective date. So the question isn't "when did I find out." It's "when did the crash happen."

What are all five clocks?

A note on subsection numbering. HB 837 restructured § 95.11, and sources cite the subsections inconsistently. The periods above are well established. If you need to cite a specific subsection in a filing, pull the current text from leg.state.fl.us — don't trust a blog, including this one.

Why is suing a city harder than suing a driver?

Because of sovereign immunity, and § 768.28 is how Florida partially waives it.

Before you can sue a Florida governmental entity, you must present written notice of the claim — within three years of accrual (two years for wrongful death). Claims against the state also require notice to the Department of Financial Services.

Three things people get wrong here:

1. Notice is not a lawsuit. Filing notice doesn't file suit.
2. Notice doesn't extend the underlying limitations period. Two separate requirements, both mandatory.
3. The agency gets a waiting period to investigate before you can file. Cutting it close is how claims die.

City bus. County snowplow. School district van. Police cruiser. A pothole on a municipal road. All of it lands here.

📝 A government claim requires a paper trail from day one. Start yours with NowAccident — free, three minutes.

Does filing an insurance claim stop the clock?

No. This is the single most expensive misunderstanding in personal injury.

Only filing a lawsuit in court stops the limitations clock. Not a claim. Not a demand letter. Not eight months of friendly emails with an adjuster who keeps saying they're "still reviewing."

Adjusters are allowed to negotiate right up until day 731. On day 731, they stop returning calls, and there's nothing anyone can do.

What can pause the clock?

Narrow exceptions, and none of them are a plan.

• Minors. Tolling rules apply, but they are not unlimited, and parents can usually file sooner.
• Legal disability. Limited tolling.
• Defendant's absence from the state. § 95.051 addresses tolling grounds.
• Fraudulent concealment. Requires affirmative acts, not silence.

Do not build a strategy on tolling. Build it on filing early.

The fourteen-day rule is not a statute of limitations

They get confused constantly, and they're not remotely the same thing.

You can meet the 14-day rule and still blow the two-year deadline. You can file suit on day 729 and still have zero PIP because you waited 15 days to see a doctor.

Both. Always both. The full sequence is in [our nine-step Florida guide](/florida/what-to-do-after-car-accident/).

Two years is shorter than it sounds

Run the actual math:

• Months 0–12: you're still treating. Permanency can't be established until you reach maximum medical improvement.
• Months 12–18: demand package assembled, negotiation begins.
• Months 18–24: the adjuster gets slow. Suddenly, thoughtfully, deliberately slow.

Every week that passes benefits the insurer. It never benefits you. And because Florida also bars recovery entirely at [more than 50% fault](/florida/no-fault-pip-and-51-percent-bar/), the evidence you gathered on day one is what protects you on day 700.

Frequently asked questions

How long do I have to sue after a car accident in Florida? Two years for negligence claims accruing on or after March 24, 2023. Crashes before that date keep the prior four-year period.

Is the Florida statute of limitations still 4 years? Only for causes of action accruing before March 24, 2023. HB 837 cut it to two years for everything after.

How long do I have for property damage to my car? Four years. It runs independently of the two-year injury deadline.

How long do I have to sue my own insurer for PIP or UM benefits? Five years, as a contract claim — subject to your policy's own notice and arbitration terms, which are often much shorter.

How long do I have to sue a Florida city or the state? Present written notice within three years (two for wrongful death) under § 768.28(6). State-level claims also require notice to the Department of Financial Services. Notice does not extend the underlying limitations period.

Does filing an insurance claim stop the clock? No. Only filing suit in court does.

Does the 14-day PIP rule have anything to do with the statute of limitations? No. They're entirely separate. The 14-day rule is an insurance coverage condition. Miss it and PIP is gone even though you still have two years to sue.

📝 Two years to sue. Fourteen days for PIP. Record your accident with NowAccident today.

Sources

• Fla. Stat. §§ 95.11, 95.051
• Fla. Stat. §§ 316.065, 316.066
• Fla. Stat. §§ 627.736, 627.737
• Fla. Stat. §§ 768.28, 768.81
• Ch. 2023-15, Laws of Fla. (HB 837), effective March 24, 2023
• Florida Department of Financial Services — presuit notice guidance

Disclaimer

This article is general information about Florida law as of the last updated date. It is not legal advice and does not create an attorney-client relationship. Which limitations period applies depends on whether your cause of action accrued before or after March 24, 2023. Subsection numbering in § 95.11 was restructured by HB 837; confirm exact citations against the current statutory text. Sovereign immunity cap figures and § 768.28 notice mechanics should likewise be confirmed. A missed deadline is usually irreversible. Verify current law at leg.state.fl.us and consult a licensed Florida attorney about your specific deadlines as early as possible.