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.

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 Law

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.

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.

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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.

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 help:

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Author

Cash4Crashes Editorial Team

Legal Review

Cash4Crashes Legal Review Team

Last Updated

2026-08-04

Sources

Free FL Case Review

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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