By Serdar Arslan, editor · Last reviewed · How we research
Florida's crash law changed sharply in March 2023. The HB 837 tort reform cut the deadline for most negligence claims from 4 years to 2 for claims that accrued after March 24, 2023, and replaced pure comparative fault with a modified rule: if you are more than 50% at fault, you now recover nothing. Wrongful death claims also generally have 2 years from the date of death.
Florida is a no-fault state that requires $10,000 in PIP and $10,000 in property damage liability, but no bodily injury liability for most drivers. PIP generally pays 80% of reasonable medical costs and 60% of lost income, and you must get initial treatment within 14 days. Suing the other driver for pain and suffering requires a permanent injury, significant and permanent scarring, significant and permanent loss of an important bodily function, or death. Claims against government agencies are generally limited to $200,000 per person and $300,000 per incident. Florida had 3,138 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years for a negligence claim, such as most car accident injury claims. This shorter deadline came from the 2023 tort reform law (HB 837) and generally applies to claims that accrued after March 24, 2023; older claims generally had 4 years. Source: Fla. Stat. § 95.11(5)(a) |
|---|---|
| Property damage deadline | A vehicle damage claim based on another driver's negligence generally falls under the 2-year negligence deadline. The statute also lists 4 years for an action for 'injuring personal property', so check which applies or ask a licensed attorney. |
| Wrongful death deadline | Generally 2 years from the date of death Source: Fla. Stat. § 95.11(5)(e) |
| Claims against a government entity | Before suing the state, a county, a city or another public agency, you generally must present a written claim to the agency (and, for state agencies, to the Department of Financial Services) within 3 years, or within 2 years for wrongful death. The agency gets time to respond before you can sue. Recovery is generally limited to $200,000 per person and $300,000 per incident. Source: Fla. Stat. § 768.28(5)–(6) |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are more than 50% at fault. Florida switched from pure comparative fault in March 2023. |
| Insurance system | No-fault · $10,000 PIP required. It generally pays 80% of reasonable medical costs and 60% of lost income, plus a $5,000 death benefit. You must get initial treatment within 14 days, and benefits are limited to $2,500 unless a qualifying provider finds an emergency medical condition (Fla. Stat. § 627.736). |
| Minimum liability insurance | Florida requires $10,000 property damage liability and $10,000 PIP, but no bodily injury liability for most drivers. Bodily injury liability can be required after certain crashes or offenses under the financial responsibility law. Confirmed on the 2026 Florida Statutes, 2026-11-03. Source: Fla. Stat. § 324.022; § 627.736 |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | There is no general cap on damages in car accident cases against private parties. Because Florida is a no-fault state, you can sue the at-fault driver for pain and suffering only if your injury meets a threshold: significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death (Fla. Stat. § 627.737(2)). Claims against government agencies are generally limited to $200,000 per person and $300,000 per incident. |
| Reporting a crash | You must immediately notify police (city police, county sheriff or Florida Highway Patrol) if a crash causes injury or death, or apparent property damage of at least $2,000. If police do not write a report, a driver in a crash that damaged a vehicle or property must send a written report to the state within 10 days. |
Getting your crash report in Florida
Crash reports that identify the people involved are confidential for the first 60 days, but parties to the crash, their lawyers and insurers can get them sooner. Request a copy from the agency that worked the crash, or through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). Official request page
Checking a Florida lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: The Florida Bar – Find a Lawyer (member directory)
- Lawyer referral: The Florida Bar Lawyer Referral Service
3,138 people died in motor vehicle crashes in Florida in 2024, according to IIHS analysis of NHTSA FARS data.
Frequently asked questions
›Did the 2023 tort reform shorten my deadline to sue?
For most negligence claims that accrued after March 24, 2023, yes: the deadline is generally 2 years instead of the older 4 (Fla. Stat. § 95.11(5)(a)). Wrongful death claims generally have 2 years from the date of death (§ 95.11(5)(e)). Vehicle damage claims may fall under the 2-year or a 4-year rule, so check the statute or ask a licensed attorney.
›What happens if I'm found 51% at fault in Florida?
Since March 2023, you recover nothing if you are more than 50% at fault (Fla. Stat. § 768.81(6)). At 50% or less, your damages are reduced by your percentage of fault. Before the change, Florida used pure comparative fault.
›Why does the 14-day rule matter for PIP?
You must get initial treatment within 14 days of the crash to use your PIP benefits (Fla. Stat. § 627.736). Benefits are limited to $2,500 unless a qualifying provider finds an emergency medical condition. Within the $10,000 limit, PIP generally pays 80% of reasonable medical costs and 60% of lost income.
›When can I sue for pain and suffering in Florida?
Only if your injury meets the no-fault threshold: significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death (Fla. Stat. § 627.737(2)). Below that threshold, your own PIP coverage handles your economic losses.
›Why can't I get the police report right away?
Florida crash reports that identify the people involved are confidential for the first 60 days. Parties to the crash, their lawyers and insurers can get them sooner from the agency that worked the crash or through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Sources
- Florida Statutes § 95.11 (2026, Florida Legislature)
- Florida Statutes Chapter 768 (2026, Florida Legislature)
- Florida Statutes § 768.81 (2026, Florida Legislature)
- Florida Statutes § 324.022 (2026, Florida Legislature)
- Fla. Stat. § 627.736 (2025, via Justia)
- Fla. Stat. § 627.737 (2025, via Justia)
- Florida Statutes § 316.065 (2026, Florida Legislature)
- Florida Statutes § 316.066 (2026, Florida Legislature)
- IIHS – Fatality Facts 2024: State by state
- The Florida Bar Lawyer Referral Service
- The Florida Bar – Find a Lawyer (member directory)