Florida Accident Law Snapshot

Florida Car Accident Claims

Legal Options After a Car Accident in Florida In Florida, injured victims may file a claim with the at-fault driver's insurance company or pursue a personal injury lawsuit. Florida adopted modified comparative negligence with a 51% bar under HB 837 (Fla. Stat. §768.81), effective March 24, 2023. Plaintiffs whose share of fault exceeds 50% are barred from recovery; those at 50% or below may recover, with damages reduced by their percentage of fault. Victims may seek compensation for medical expenses, lost income, property damage, and pain and suffering. Florida law requires filing personal injury claims within two years (under HB 837) and property damage claims within four years.

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Quick Facts

  • Statute: 2 years (HB 837, eff. March 24, 2023).
  • Fault Rule: Modified comparative negligence, 51% bar (HB 837, eff. March 24, 2023 - barred if fault exceeds 50%).
  • Minimum Coverage: $10,000 bodily injury per person / $20,000 per accident / $10,000 property damage.
Florida Legal Snapshot

Key Facts for Florida Accident Claims

Statute of Limitations
2 years (HB 837, eff. March 24, 2023).
Personal injury claims
Fault System
Modified comparative negligence, 51% bar (HB 837, eff. March 24, 2023 - barred if fault exceeds 50%).
Comparative fault rules
Min. Liability Coverage
$10,000 bodily injury per person / $20,000 per accident / $10,000 property damage.
State minimums
Uninsured Motorist
Must be offered unless rejected in writing.
Coverage status

Statute of Limitations in Florida

Florida requires that personal injury claims arising on or after March 24, 2023 be filed within two years from the date of the accident, following HB 837. Filing after this period will likely result in dismissal. Property damage claims also generally must be filed within four years. Acting promptly preserves evidence and witness testimony, which strengthens your case.

Filing car accident claim paperwork and documentation in Florida
Statutory Cutoff: Florida law requires filing within 2 years (HB 837, eff. March 24, 2023) of the accident date.

Florida Claim Deadline Calculator

2 years (HB 837, eff. March 24, 2023) Limit
Estimated Filing Deadline
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Don't Wait: Evidence can disappear and memories fade. Contact an attorney as soon as possible after your accident.

Florida's Fault System

Florida follows modified comparative negligence with a 51% bar under HB 837 (Fla. Stat. §768.81), effective March 24, 2023. Injured parties may recover damages only if their share of fault does not exceed 50%. A plaintiff found 51% or more at fault is barred from recovery. For plaintiffs at or below 50% fault, compensation is reduced by their percentage of fault - for example, 30% fault reduces damages by 30%. This change replaced Florida's prior pure comparative negligence system for all claims arising on or after March 24, 2023.

Accident reconstruction and comparative fault investigation in Florida
Investigating Liability: Florida evaluates pure comparative negligence rules to determine proportional compensation.

How Shared Fault Affects Your Claim in Florida

Pure Comparative Negligence
Estimated Total Damages $100,000
Your Assigned Share of Fault 20% Fault
Estimated Net Recovery
$80,000
Deducted for Fault
-$20,000 (20%)

Under Florida's pure comparative negligence rule, you can recover the portion of damages not caused by your own negligence.

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Insurance Requirements

Florida requires drivers to carry minimum liability insurance of 10/20/10. Liability coverage pays for injuries or damage you cause to others. Insurers must also offer uninsured motorist coverage unless the driver rejects it in writing. Maintaining UM coverage is essential, as Florida has a high number of uninsured or underinsured drivers, ensuring protection for accident victims.

Insurance claim negotiations and policy settlement in Florida
Policy Limits: Understanding Florida's mandatory $10,000 bodily injury per person / $20,000 per accident / $10,000 property damage minimum auto coverage.

Crash Data for Florida

Florida saw 220 deaths in crashes involving large commercial trucks in NHTSA FARS 2024; 90.9% of those victims - 200 people - were outside the truck at the time of impact (Cash4Crashes analysis of NHTSA FARS 2024).

Of the 713 pedestrians killed in Florida crashes in 2024, 600 (84.2%) died at locations without a marked crosswalk, suggesting a large share of pedestrian fatalities occur in unprotected crossing environments (Cash4Crashes analysis of NHTSA FARS 2024).

Related research: Truck crash victims study · Pedestrian crossings study.

Accident Attorneys by City

We have attorneys available throughout Florida. Select your city for localized legal assistance:

Miami Accident Attorneys
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Miami
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Orlando Accident Attorneys
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Orlando
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Tampa Accident Attorneys
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Tampa
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Jacksonville Accident Attorneys
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Jacksonville
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State-by-State Comparative Analysis

Compare Florida Law to Another State

Side-by-side legal thresholds, filing deadlines, and real-world crash recovery scenarios.

Test Scenario:
Viewing State

Florida

FL
Filing Deadline Standard Window
2 years (HB 837, eff. March 24, 2023)
Personal injury claim statutory cutoff
1 Yr 2 Yrs 3 Yrs 6 Yrs
Fault System Pure Comparative
Pure Comparative Negligence
You can recover damages even if you are up to 99% at fault (reduced by your fault %).
0% Safe Threshold: 99% 100% Barred
Minimum Auto Liability State Minimums
$10,000 Per Person
$20,000 Per Accident
$10,000 Property
Compare Against

Texas

Filing Deadline Standard Window
2 years
Personal injury claim statutory cutoff
1 Yr 2 Yrs 3 Yrs 6 Yrs
Fault System 51% Bar Rule
Modified Comparative (51% Bar)
You can recover as long as your fault does not exceed 50%. If 51% or more, recovery is barred.
0% Safe Threshold: 50% 100% Barred
Minimum Auto Liability State Minimums
$30,000 Per Person
$60,000 Per Accident
$25,000 Property

Live Crash Settlement Comparison Chart

Drag the sliders below or select a preset to simulate real-time dual-state payout differences.

Dual-State Simulator
Crash Damages $100,000
Your Assigned Fault Level 50% Fault
Florida (50% recovered) $50,000
Texas (50% recovered) $50,000
Both Florida and Texas result in equal recovery in this scenario.
Florida FAQ

Frequently Asked Questions

You have two years from the date of the crash to file a personal injury lawsuit in Florida, under HB 837, effective March 24, 2023. Miss that window and the court will almost certainly refuse to hear your case, no matter how strong the evidence is. Property damage claims run on a separate timeline, so don't assume one deadline covers everything. Insurance claims often need to start much sooner than the lawsuit deadline, since policies carry their own reporting requirements. Talk to an attorney early so evidence and witness statements don't go stale while you wait.

Florida adopted modified comparative negligence with a 51% bar under HB 837, effective March 24, 2023. You can recover damages only if your share of fault does not exceed 50%. A plaintiff found 51% or more at fault is completely barred from recovery. If your fault is 50% or below, your award is reduced by your percentage - so a plaintiff found 30% responsible recovers 70% of their damages. Insurers routinely push to inflate your share of blame to trigger the 51% bar or shrink what they owe, so documentation matters. Police reports, dashcam footage, and witness statements help establish an accurate fault split.

Florida drivers must carry at least $10,000 in bodily injury coverage per person, $20,000 per accident, and $10,000 in property damage liability, often written as 10/20/10. That bodily injury minimum is thin compared to typical medical bills from a serious crash, which is why many claims exceed the at-fault driver's policy limits. When that happens, an injured driver's own uninsured or underinsured motorist coverage can help close the gap. Checking the at-fault driver's actual policy limits early tells you whether their insurance alone will cover your losses.

Insurers must offer uninsured motorist coverage on every Florida auto policy, but drivers can decline it in writing. If you rejected it, your policy likely doesn't include it, even though the law required the offer. This coverage matters because it pays out when the at-fault driver has no insurance or too little to cover your injuries, which is common given Florida's number of uninsured and underinsured drivers on the road. Reviewing your declarations page confirms whether you carry UM coverage before you need to rely on it after a crash.

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