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Florida car accident laws

Is Florida a no-fault state? Yes. Florida is a no-fault state: your own personal injury protection (PIP) pays first, with at least $10,000 (medical and disability), plus $5,000 death benefit required, and you can sue the other driver only past the state's threshold. Get your first medical care within 14 days of the crash, or PIP will not pay your medical benefits.

Florida gives you two years to file a personal injury lawsuit (Fla. Stat. § 95.11(5)(a)).

If you were partly at fault, your damages are reduced by your percentage of fault, but if you are found more than 50% at fault you recover nothing (rule effective for negligence actions filed after March 24, 2023, HB 837).

Quoted from Florida statutes and official pages, checked October 2, 2026 · not legal advice

The rules in one table

RuleFloridaSource
Deadline to sue for an injuryTwo years for negligence actions that accrued after the effective date of HB 837 (ch. 2023-15, signed March 24, 2023); negligence claims that accrued before then keep the old four-year periodFla. Stat. § 95.11(5)(a)
Deadline for vehicle damageTwo years (property damage from a negligent crash is 'an action founded on negligence'); applies to claims accruing after HB 837 took effect on March 24, 2023Fla. Stat. § 95.11(5)(a)
Deadline for a wrongful death claimTwo years; the wrongful death period runs from the date of deathFla. Stat. § 95.11(5)(e)
Claims against a government bodyBefore suing the state or a city/county/agency you must present the claim in writing within 3 years after it accrues (2 years for wrongful death); sovereign-immunity damage caps also apply.Fla. Stat. § 768.28(6)(a)
Insurance systemno-fault; PIP required ($10,000 (medical and disability), plus $5,000 death benefit). To sue: You can sue the at-fault driver for pain and suffering only if the injury is a significant and permanent loss of an important bodily function, a permanent injury (other than scarring or disfigurement), significant and permanent scarring or disfigurement, or death.Fla. Stat. § 627.736(1); § 627.737(2)
Deadline to use your PIP coverageGet your first medical care within 14 days of the crash, or PIP will not pay your medical benefits.Fla. Stat. 627.736(1)(a)
If you were partly at faultmodified comparative (51% bar). If you were partly at fault, your damages are reduced by your percentage of fault, but if you are found more than 50% at fault you recover nothing (rule effective for negligence actions filed after March 24, 2023, HB 837).Fla. Stat. § 768.81(6) (added by ch. 2023-15, s. 9)
Minimum liability coverageFlorida does not require bodily injury liability insurance for most drivers. Required: $10,000 property damage liability plus $10,000 PIP. The 10/20/10 bodily-injury limits in s. 324.021(7) apply only as proof of financial responsibility after a crash, DUI or similar event. Uninsured motorist coverage is optional (written rejection allowed, s. 627.727(1)).Fla. Stat. § 324.022(1) (property damage); § 627.733 / § 627.736 (PIP); § 324.021(7) (financial responsibility after a crash)
Dog bitesstrict liability. A dog owner is liable for bites in a public place or on private property where the victim is lawfully present, regardless of the dog's past behavior, though the owner's liability is reduced by the victim's own negligence.Fla. Stat. § 767.04

Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in Florida can tell you the date that applies to you.

Next steps after a Florida crash

How to get a Florida crash report ($10.00 per report (section 321.23, Florida Statutes) plus a $2.00 convenience fee per online transaction).

17,131 crash deaths in Florida, 2020-2024, by county.

Check your deadline and a rough claim range

A filing date and a rough value range for Florida. Both take under a minute.

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Questions

How long do you have to sue after a car accident in Florida?

Two years for an injury claim (Fla. Stat. § 95.11(5)(a)) and two years for vehicle damage. Shorter notice rules can apply to claims against a government.

Is Florida a no-fault state?

Yes. Florida is a no-fault state: your own personal injury protection (PIP) pays first, with at least $10,000 (medical and disability), plus $5,000 death benefit required, and you can sue the other driver only past the state's threshold. Get your first medical care within 14 days of the crash, or PIP will not pay your medical benefits.

Can I recover if I was partly at fault in Florida?

Florida follows modified comparative (51% bar). If you were partly at fault, your damages are reduced by your percentage of fault, but if you are found more than 50% at fault you recover nothing (rule effective for negligence actions filed after March 24, 2023, HB 837).

What is the minimum car insurance in Florida?

Florida does not require bodily injury liability insurance for most drivers. Required: $10,000 property damage liability plus $10,000 PIP. The 10/20/10 bodily-injury limits in s. 324.021(7) apply only as proof of financial responsibility after a crash, DUI or similar event. Uninsured motorist coverage is optional (written rejection allowed, s. 627.727(1)).

Sources

  1. Deadline to sue for an injury (Fla. Stat. § 95.11(5)(a)): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/00
    (5) WITHIN TWO YEARS. — (a) An action founded on negligence.
  2. Deadline for vehicle damage (Fla. Stat. § 95.11(5)(a)): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/00
    (5) WITHIN TWO YEARS. — (a) An action founded on negligence.
  3. Deadline for a wrongful death claim (Fla. Stat. § 95.11(5)(e)): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/00
    (5) WITHIN TWO YEARS. — (a) An action founded on negligence. [...] (e) An action for wrongful death.
  4. Claims against a government body (Fla. Stat. § 768.28(6)(a)): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/07
    (6)(a) An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality, county, or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing; except that, if: 1. Such claim is for contribution pursuant to s. 768.31 , it must be so presented within 6 mon…
  5. Insurance system (Fla. Stat. § 627.736(1); § 627.737(2)): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/06
    (1) REQUIRED BENEFITS. — An insurance policy complying with the security requirements of s. 627.733 must provide personal injury protection to the named insured, relatives residing in the same household unless excluded under s. 627.747 , persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits
  6. Deadline to use your PIP coverage (Fla. Stat. 627.736(1)(a)): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/06
    Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident.
  7. If you were partly at fault (Fla. Stat. § 768.81(6) (added by ch. 2023-15, s. 9)): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/07
    (6) GREATER PERCENTAGE OF FAULT. — In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.
  8. Minimum liability coverage (Fla. Stat. § 324.022(1) (property damage); § 627.733 / § 627.736 (PIP); § 324.021(7) (financial responsibility after a crash)): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/03
    (1) Every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the ability to respond in damages for liability on account of accidents arising out of the use of the motor vehicle in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash. The requirements of this section may be met by one of the methods established in s. 324.031 ; by self-insuring as authorized by s. 768.28 (16); or by maintaining an insurance policy providing coverage for property damage liability in the amount of at least $10,000 …
  9. Dog bites (Fla. Stat. § 767.04): www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/07
    767.04 Dog owner's liability for damages to persons bitten. — The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed t…

Read October 2, 2026. Laws and fees change; the linked page is the authority.