In Florida, the statute of limitations for most auto accident negligence lawsuits is generally two years from the date of the crash if the accident happened on or after March 24, 2023.
If the accident happened before March 24, 2023, the prior four-year deadline may apply.
Different deadlines may apply to uninsured or underinsured motorist claims, wrongful death claims, claims involving government entities, minors, or other special circumstances. Because deadlines can be strict, you should speak with an attorney as soon as possible after a crash.
What Is the Current Florida Statute of Limitations for Auto Accidents?
For most Florida auto accident negligence cases, the current deadline is generally two years from the date of the accident.
Florida Statutes § 95.11 lists “an action founded on negligence” under the two-year limitations period. Most car accident injury lawsuits fall under negligence law.
This means you usually must file a lawsuit within two years if another driver caused your injuries through careless or unsafe driving.
What If My Accident Happened Before March 24, 2023?
The deadline may be different if your accident happened before March 24, 2023.
Before Florida’s 2023 tort reform law, many negligence claims had a four-year statute of limitations. The current Romano Law Group FAQ correctly notes that accidents before March 24, 2023 may fall under the prior four-year deadline.
This distinction matters. If your accident happened near the date of the law change, do not guess which deadline applies. Ask an attorney to review the date, facts, and type of claim.
What Happens If I Miss the Deadline?
If you miss the statute of limitations, you may lose the right to file a lawsuit.
That can happen even if your injuries are serious. It can also happen even if the other driver clearly caused the crash.
Insurance companies know these deadlines. If the deadline passes, they may have little reason to negotiate.
This is why you should not wait until the deadline is close. A lawyer needs time to investigate the crash, gather evidence, review medical records, identify insurance coverage, and prepare the case.
Is the Deadline Different for Uninsured or Underinsured Motorist Claims?
It can be.
An uninsured or underinsured motorist claim is often based on your own insurance policy. Florida law generally gives five years for a legal or equitable action on a contract, obligation, or liability founded on a written instrument.
The current Romano Law Group FAQ states that UM/UIM claims may allow up to five years from the accident date.
However, you should not wait five years to act. Your policy may require prompt notice. Your insurer may also require cooperation, documentation, medical records, and other claim steps.
An attorney can review the policy and explain the deadlines that may apply.
Are Wrongful Death Claims Different?
Yes. If a Florida auto accident causes a death, the deadline may differ from a standard injury claim.
Florida Statutes § 95.11 lists wrongful death actions under the two-year limitations period.
In many wrongful death cases, the clock runs from the date of death, not necessarily the date of the crash. Families should speak with an attorney quickly to protect their rights.
Can Some Florida Auto Accident Deadlines Be Shorter?
Yes. Some cases involve special rules or shorter notice requirements.
This may include claims involving:
- Government vehicles
- Public agencies
- Commercial vehicles
- Rideshare vehicles
- Minors
- Wrongful death
- Hit-and-run crashes
- UM/UIM insurance policies
- Claims involving multiple defendants
Government claims can be especially time-sensitive. Some require formal written notice before a lawsuit can move forward.
The safest approach is to contact an attorney early. Do not assume the general deadline is the only deadline in your case.
Why Should I Contact an Attorney Before the Deadline Gets Close?
A statute of limitations is only one reason to act quickly.
Evidence can disappear long before the filing deadline. Surveillance video may get erased. Witnesses may forget details. Vehicles may get repaired or destroyed. Accident scenes may change.
Early legal help can make a major difference. An attorney can preserve evidence, communicate with insurance companies, document your injuries, and track important deadlines.
Waiting can also affect medical proof. If you delay treatment, the insurance company may argue that your injuries were not serious or were not related to the crash.
What Should I Do After a Florida Auto Accident?
After a crash, take steps to protect your health and your claim.
You should:
- Get medical care as soon as possible
- Follow your doctor’s treatment plan
- Report the accident to your insurance company
- Save medical bills and records
- Take photos of the vehicles and scene
- Get witness names and contact information
- Keep repair estimates and receipts
- Avoid recorded statements without legal guidance
- Speak with an attorney before the deadline gets close
These steps can help protect your ability to pursue compensation.
Injured in a Florida Auto Accident? Romano Law Group Can Help.
Florida’s auto accident deadlines can be confusing, especially after the 2023 law change.
Romano Law Group can review your accident date, claim type, insurance coverage, and legal deadlines. The sooner you reach out, the sooner the firm can help protect your rights.
Injured? Contact our family-owned personal injury law firm today. There is no fee until we win your case.
