Florida Statute of Limitations for Car Accidents: The 2025 Guide

How long do you have to file a lawsuit after a car accident in Florida? The answer to this critical question has changed recently, and understanding the new deadline is essential to protecting your legal rights. As of 2023, the time limit has been significantly shortened, making prompt action more important than ever.

Due to a major legislative change known as House Bill 837 (HB 837), Florida statute of limitations for car accidents is now 2 years after HB 837. This change, effective March 24, 2023, cut the previous four-year deadline in half for most negligence-based cases. Waiting too long to act can permanently block your right to recover damages, even if the other driver was clearly at fault.

This guide provides a comprehensive overview of the new statute of limitations for car accidents in Florida. We will explain the impact of HB 837, how to determine your specific deadline, the critical exceptions that may apply, and the costly mistakes to avoid. If you have been injured, do not risk your right to compensation. Contact the experienced personal injury attorneys at Pencheff & Fraley today for a free, no-obligation consultation to understand how these changes affect your case.

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

A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. Every state has these laws for various types of legal claims, including personal injury cases arising from car accidents. The purpose of these deadlines is to ensure legal fairness and efficiency. They encourage timely investigation while evidence is still fresh and witnesses’ memories are reliable, and they prevent the indefinite threat of a lawsuit long after an incident has occurred.

For car accident victims, the statute of limitations is one of the most important legal hurdles. If you fail to file your lawsuit within the specified timeframe, the court will almost certainly dismiss your case, and you will lose the right to seek any financial compensation for your injuries, regardless of how strong your claim is.

Florida’s New 2-Year Deadline: The Impact of HB 837

In March 2023, Florida enacted a sweeping tort reform bill, HB 837, which brought significant changes to the state’s civil justice system. The most critical change for accident victims was the reduction of the statute of limitations for general negligence claims.

The Law Before March 24, 2023 (The Old 4-Year Rule)

For many years, Florida law gave car accident victims four years from the date of the crash to file a personal injury lawsuit. This longer timeframe provided ample opportunity to undergo medical treatment, assess the full extent of injuries, and negotiate with insurance companies before resorting to litigation.

The Law After March 24, 2023 (The New 2-Year Rule)

Under the new law, codified in Florida Statute § 95.11(4)(a), the statute of limitations for negligence-based injury claims is now two years. This applies to most personal injury cases, including those involving:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Slip and fall incidents

The primary intent behind this change was to reduce the volume of litigation in Florida’s courts. However, it places a greater burden on injured parties to act quickly, even while they may still be recovering from serious injuries.

Grandfathered Claims: What If My Accident Was Before the Change?

The new two-year deadline is not retroactive. This means the date of your accident determines which rule applies. The law includes a “grandfather” clause for claims that arose before the effective date.

Here is a simple breakdown:

Accident Date	Applicable Statute of Limitations	Filing Deadline
On or before March 23, 2023	4 Years (Old Rule)	4 years from the date of the accident
On or after March 24, 2023	2 Years (New Rule)	2 years from the date of the accident

For example, if your accident occurred on February 15, 2023, you still have until February 15, 2027, to file a lawsuit. However, if your accident happened on April 1, 2023, your deadline is April 1, 2025.

How to Calculate Your Filing Deadline

For most Florida car accident cases, the clock starts ticking on the date of the accident itself. It is crucial to understand that the deadline is not based on when you discovered your injury or when your symptoms worsened. This is a key distinction from other types of injury claims where a “discovery rule” might apply.

Calculating your deadline is straightforward but unforgiving. For an accident that occurred on May 10, 2025, the last day to file a lawsuit would be May 10, 2027. Waiting until the last minute is extremely risky, as any procedural error or delay could cause you to miss the deadline.

Critical Exceptions That Can Change the Deadline

While the two-year deadline is strict, Florida law recognizes a few limited exceptions that can “toll,” or pause, the statute of limitations. These exceptions are rare and require strong evidence to prove.

The Discovery Rule

As mentioned, the discovery rule (where the clock starts when an injury is discovered) is generally not applicable to car accident cases because the harm is usually apparent at the time of the crash. However, in rare situations where an injury is truly hidden and could not have been reasonably discovered, a court might consider tolling the statute.

Claims for Minors (The Minor’s Tolling Provision)

If the injured victim is a minor (under 18), the statute of limitations can be tolled. This means the clock may not start running until the child’s 18th birthday, after which they would have the standard time to file a claim. However, the law also allows for a maximum seven-year extension, regardless of the minor’s age.

The Defendant Is Unavailable or Hiding

If the at-fault party leaves Florida or conceals their identity to avoid being served with a lawsuit, the court may pause the statute of limitations for the period they are unavailable.

The Plaintiff Is Legally Incapacitated

If a car accident victim is left legally incapacitated (e.g., in a coma or suffering from a severe brain injury), the statute of limitations may be tolled until the incapacitation is resolved. A legal guardian can typically file on the victim’s behalf during this time.

Different Deadlines for Different Types of Claims

It is important to recognize that not all claims related to a car accident fall under the same two-year deadline. The type of damage and the parties involved can change the applicable statute of limitations.

Claim Type	Statute of Limitations	Florida Statute
Personal Injury (Negligence)	2 Years (for accidents after 3/24/23)	§ 95.11(4)(a)
Wrongful Death	2 Years (from date of death)	§ 95.11(4)(d)
Property Damage	4 Years	§ 95.11(3)(k)
Claims Against Government	3 Years (for notice of claim)	§ 768.28

Wrongful Death Claims (2 Years from Date of Death)

If a car accident results in a fatality, the victim’s surviving family members may file a wrongful death lawsuit. The statute of limitations for these claims is two years from the date of the victim’s death, which may be different from the date of the accident. This is governed by Florida Statute § 95.11(4)(d).

Property Damage Claims (4 Years)

The 2023 law change did not affect the deadline for claims involving only property damage. If you are only suing for the cost of repairing or replacing your vehicle, you still have four years from the date of the accident to file a lawsuit under Florida Statute § 95.11(3)(k).

Claims Against Government Entities

If your accident involved a government vehicle (such as a city bus, police car, or public school vehicle), special rules under Florida’s sovereign immunity laws apply. You must first provide a formal notice of your claim to the government agency within three years of the accident (or two years for wrongful death). After providing notice, you must wait for a 180-day investigation period before you can file a lawsuit.

Common Misconceptions That Can Jeopardize Your Claim

Misunderstanding the law can have devastating consequences. Here are common myths that lead accident victims to miss their filing deadline.

Myth #1: Filing an Insurance Claim Pauses the Lawsuit Deadline

This is the most dangerous misconception. Negotiating with an insurance company—whether your own or the at-fault driver’s—does not stop the statute of limitations clock. The insurance claim process and the legal filing deadline are two completely separate timelines. An insurer can drag out negotiations for months or even years, and if you miss your filing deadline in the meantime, you lose all your leverage.

Myth #2: I Can Wait to See How My Injuries Develop

While it is true that the full extent of some injuries may take time to become clear, the law does not wait. The two-year clock starts at the time of the crash. Waiting to file can not only risk your claim but also make it harder to gather crucial evidence needed to prove your case.

Myth #3: The At-Fault Party’s Insurance Will Tell Me the Deadline

Insurance adjusters work for the insurance company, not for you. They have no legal obligation to inform you of the statute of limitations, and in many cases, they may benefit from you missing the deadline. Never rely on an insurance company to protect your legal rights.

What Happens If You Miss the Statute of Limitations?

The consequences are severe and final. If you file your lawsuit even one day late, the defendant’s attorney will file a motion to dismiss your case. The judge will have no choice but to grant it. You will be permanently barred from recovering any compensation for your medical bills, lost wages, pain, and suffering.

How Pencheff & Fraley Can Help Protect Your Rights

Navigating Florida’s new car accident laws requires experience and proactive legal representation. The attorneys at Pencheff & Fraley understand the urgency created by the shortened two-year statute of limitations. We can help you by:

• Immediately investigating your accident to preserve critical evidence.
• Calculating and monitoring all legal deadlines to ensure your rights are protected.
• Handling all communications with insurance companies on your behalf.
• Building a powerful case to maximize your compensation.
• Filing a lawsuit promptly to ensure you stay within the statute of limitations.

Frequently Asked Questions (FAQ)

What is the statute of limitations for car accidents in Florida?

For car accidents occurring on or after March 24, 2023, the statute of limitations for filing a personal injury lawsuit is two years from the date of the crash under Florida Statute § 95.11(4)(a).

Did Florida change the statute of limitations for car accidents?

Yes. In 2023, Florida passed House Bill 837, which reduced the statute of limitations for negligence-based claims from four years to two years.

What happens if I miss the filing deadline?

If you miss the deadline, your lawsuit will be dismissed by the court, and you will lose your right to seek financial compensation for your injuries.

Does filing an insurance claim stop the statute of limitations?

No. The insurance claim process and the legal filing deadline are separate. You must file a lawsuit within the two-year window, regardless of the status of your insurance claim.

Are there exceptions to the 2-year rule?

Yes, but they are rare. Exceptions may apply for minors, legally incapacitated individuals, or when the defendant is unavailable or hiding. However, these require strong evidence and legal expertise to prove.

What is the deadline for property damage claims?

Property damage claims still have a four-year statute of limitations under Florida Statute § 95.11(3)(k), which was not affected by the 2023 law change.

Don’t Wait, Contact Us Today

The recent changes to Florida law have made it more challenging for car accident victims to secure the compensation they deserve. With only two years to act, you cannot afford to delay. The legal team at Pencheff & Fraley is here to guide you through every step of the process and fight for your rights.

Contact us today for a free, no-obligation consultation. We will review your case, answer your questions, and explain your legal options. Learn how we can help you on the road to recovery. Pay nothing unless we win your case.

Call us at 866-267-6979 or visit our website at www.pencheffandfraley.com to schedule your free case consultation.

Author: Pencheff and Fraley Legal Team

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney about your specific situation.