Florida Car Accident Statute of Limitations: The Two-Year Negligence Deadline
Florida shortened the limitations period for general negligence actions in 2023. For many car-accident injury claims arising after the change took effect, the practical filing window is now two years rather than four.
The current statute is section 95.11, Florida Statutes. It provides a two-year limitations period for an action founded on negligence. The 2023 legislation that made the change took effect on March 24, 2023, and the Florida Senate’s bill summary states that the new two-year period applies prospectively to causes of action accruing after that effective date.
That makes the accident date important, but it is not the only question. Different causes of action, different defendants, contractual claims, governmental claims, wrongful-death claims, tolling rules, and other circumstances can involve different deadlines. A general article should not be used to calculate the last filing day in a specific case.
What is the current Florida deadline for a negligence claim?
Section 95.11(5)(a), Florida Statutes, currently provides that an action founded on negligence must be commenced within two years. For a typical motor-vehicle negligence claim arising from a crash after the 2023 change, that two-year period is the starting point for the limitations analysis.
Before the 2023 legislation, Florida generally allowed four years for negligence actions. CS/CS/HB 837 reduced that period from four years to two years. The Florida Senate’s official summary states that the change became effective March 24, 2023 and applies prospectively to causes of action accruing after the effective date.
Why the March 24, 2023 date matters
Two people injured in similar crashes can face different limitations questions if the accidents occurred on opposite sides of the statutory change.
- A negligence cause of action accruing after March 24, 2023 is generally subject to the newer two-year period.
- An older claim may require analysis under the law that applied before the change.
Do not assume that an online article written before 2023 is still accurate. Many older Florida car-accident pages still refer to a four-year negligence deadline.
Does the two-year rule mean every deadline after a car accident is two years?
No. A car accident can create more than one legal issue, and not every issue is governed by the same limitations provision.
For example, the current version of section 95.11 separately addresses negligence, wrongful death, written contracts, property-related claims, intentional torts, and other causes of action. Insurance disputes may also involve contractual or statutory provisions that differ from a negligence claim against an at-fault driver.
Claims involving governmental entities can also trigger separate notice and procedural requirements. Those requirements should be evaluated independently of the general negligence limitations period.
What happens if the filing deadline is missed?
A statute of limitations is not simply a target date for settlement negotiations. It concerns the time to commence an action in court. If a limitations defense applies and the action was filed too late, the claim can be barred even when the underlying liability evidence is strong.
That is one reason it is risky to wait until the end of the limitations period before investigating a crash. Evidence can disappear long before the legal filing deadline arrives.
Why early investigation matters even when two years sounds like a long time
A serious accident case may require more than medical records and a crash report. Depending on the facts, useful evidence can include:
- traffic-camera or surveillance footage;
- dashcam and body-camera video;
- vehicle event-data or telematics;
- photographs of the scene, roadway, and vehicles;
- witness information;
- commercial-driver or employer records;
- cell-phone or communication evidence when relevant and lawfully obtainable;
- insurance records; and
- records showing medical treatment, lost income, and other damages.
Some video systems overwrite recordings quickly, vehicles are repaired or sold, and witnesses become harder to locate. The statute of limitations may give a claimant time to file suit, but it does not preserve evidence automatically.
Does Florida’s 51% comparative-fault rule change the filing deadline?
Comparative fault and the statute of limitations address different questions. Section 768.81, Florida Statutes, governs the effect of fault allocation in negligence actions to which it applies. Under current law, damages are generally reduced by a claimant’s percentage of fault, and a party found greater than 50% at fault for his or her own harm may not recover damages under subsection 768.81(6), subject to the statute’s limits and exceptions.
That rule affects recovery, not the basic two-year negligence limitations period in section 95.11. Both issues may matter in the same car-accident case.
What if the insurance company is still negotiating?
Ongoing insurance negotiations should not be assumed to stop or extend a statute of limitations. A claimant should know the actual filing deadline while settlement discussions are happening. Certain statutes or circumstances can affect limitations periods, but an extension should never be assumed without a legal basis.
What if the accident involved a government vehicle or public entity?
Claims involving the State of Florida, a county, municipality, or another governmental entity can involve sovereign-immunity statutes, notice requirements, and additional procedural rules. The general negligence statute of limitations is therefore only part of the analysis.
If a public employee, police vehicle, transit vehicle, road-maintenance entity, or other governmental actor may be involved, the deadline analysis should begin early.
What if someone died after the crash?
Florida’s current section 95.11 separately provides a two-year limitations period for wrongful-death actions. The proper plaintiff, accrual analysis, damages, and other issues in a wrongful-death case differ from an ordinary personal-injury negligence claim, so the deadline should be evaluated specifically for the death claim.
What should you do if you do not know which deadline applies?
Start with the dates and identify the actual claims and defendants. Useful information includes:
- the date of the crash;
- the date of any later death;
- the identity of each driver and vehicle owner;
- whether an employer or business was involved;
- whether any governmental entity may be responsible;
- the insurance policies potentially involved; and
- any prior notices, demands, releases, or court filings.
Those facts help determine which limitation and notice provisions need to be checked.
Florida car-accident representation
Tucker Law represents people injured in motor-vehicle accidents in Florida. Learn more about our Florida car accident practice or our Fort Lauderdale car accident attorney page.
Frequently Asked Questions
Is the Florida car-accident statute of limitations two years or four years?
Florida’s current statute provides a two-year period for actions founded on negligence. The 2023 change reduced the general negligence period from four years to two years and applies prospectively to causes of action accruing after March 24, 2023. Older claims require analysis under the law applicable when they accrued.
Does making an insurance claim satisfy the statute of limitations?
Not necessarily. A statute of limitations governs when a court action must be commenced. An insurance claim or settlement negotiation is not automatically the same thing as filing a lawsuit.
Can the deadline ever be extended?
Florida law contains specific tolling and extension rules for certain circumstances. Whether one applies is fact-specific. Do not assume a deadline has been extended simply because negotiations are ongoing or because an injury developed over time.
Is wrongful death also subject to a two-year period?
Section 95.11 currently provides a separate two-year limitations period for wrongful-death actions. The date from which that period runs and the proper claim should be evaluated under the wrongful-death statutes and the facts of the case.
Should I wait until medical treatment is finished before speaking with a lawyer?
No filing-deadline decision should depend on waiting for treatment to end. Evidence preservation, insurance issues, and limitations questions can need attention while treatment is still ongoing.
This article provides general information and is not legal advice. Deadlines can depend on the accident date, claim type, defendant, accrual rules, tolling provisions, notice requirements, and other facts.
