How Long Do I Have to File a Car Accident Claim in Florida?

Published Thursday, April 10, 2025 | Car Accidents

If you’ve BEEN involved in a car accident in Florida, one of the most pressing questions you might have is, “How long do I have to file a claim?” Timing is critical when it comes to protecting your rights and securing compensation for injuries, property damage, or other losses. At Fenimore Injury Law, our experienced Pensacola car accident lawyers are here to guide you through the process. In this article, we’ll break down the key deadlines, exceptions, and steps you need to take to file a car accident claim in Florida, ensuring you have the information you need to act swiftly and confidently.

Understanding Florida’s Statute of Limitations for Car Accident Claims

In Florida, the time limit to file a car accident claim is governed by the statute of limitations, a legal deadline that dictates how long you have to initiate a lawsuit. For most car accident cases involving personal injury, Florida law gives you two years from the date of the accident to file a claim. This is outlined in Florida Statutes Section 95.11(3)(a), which was updated in 2023 to reduce the previous four-year limit for personal injury claims.

For example, if your accident occurred on April 4, 2025, you would generally have until April 4, 2027, to file a lawsuit. Missing this deadline typically means you lose your right to seek compensation through the courts, no matter how strong your case might be. However, there are exceptions and nuances to this rule, which we’ll explore below.

Property Damage Claims: A Different Timeline

If your car accident claim is solely for property damage—such as repairs to your vehicle—Florida law provides a four-year statute of limitations, per Florida Statutes Section 95.11(3)(h). This longer window applies because property damage claims are treated differently from personal injury claims under state law. So, if your accident only resulted in a totaled car and no injuries, you’d have until April 4, 2029, using the same example date, to file a claim for damages.

Exceptions That Could Affect Your Deadline

While the two-year and four-year rules cover most cases, certain circumstances can alter these deadlines:

  1. Minors Involved: If the injured party is a minor (under 18), the statute of limitations may be paused—or “tolled”—until they reach the age of 18. This gives them two years from their 18th birthday to file a personal injury claim.
  2. Fatal Accidents: In wrongful death cases stemming from a car accident, the family or estate of the deceased has two years from the date of death to file a claim, per Florida Statutes Section 95.11(4)(d). Note that the death may not always occur on the same day as the accident, which can shift the timeline.
  3. Delayed Discovery: If injuries from the accident aren’t immediately apparent—such as a traumatic brain injury that manifests later—the clock might not start until the injury is discovered or reasonably should have been discovered. This is rare and requires strong evidence, so consulting a lawyer is crucial.
  4. Government Entities: If the accident involves a government vehicle or employee (e.g., a city bus), you must file a notice of claim within three years under Florida’s sovereign immunity laws, but additional steps and shorter deadlines may apply before you can sue.

Why Acting Quickly Matters

Even with two or four years, waiting too long can jeopardize your case. Evidence like witness statements, traffic camera footage, or police reports can fade or become unavailable over time. Insurance companies may also drag their feet, hoping you’ll miss the deadline. At Fenimore Injury Law, we recommend contacting a Pensacola car accident lawyer as soon as possible to preserve your claim’s strength.

Steps to File a Car Accident Claim in Florida

  1. Seek Medical Attention: Your health comes first. Documenting injuries also strengthens your case.
  2. Notify Your Insurance: Florida is a no-fault state, meaning you’ll typically file a claim with your own insurer for Personal Injury Protection (PIP) benefits within 14 days of the accident.
  3. Gather Evidence: Collect photos, witness contacts, and the police report.
  4. Consult a Lawyer: An attorney can assess whether you should pursue a lawsuit beyond PIP, especially if injuries are severe or another party was at fault.
  5. File Before the Deadline: Work with your lawyer to submit your claim within the statute of limitations.

Trust Fenimore Injury Law to Guide You

Navigating Florida’s car accident claim deadlines can be overwhelming, especially while recovering from an injury. At Fenimore Injury Law, our car accident lawyers in Pensacola bring years of experience and a commitment to securing the compensation you deserve. Whether you’re dealing with medical bills, lost wages, or pain and suffering, we’re here to help you meet critical deadlines and build a strong case.

Don’t wait until it’s too late. If you’ve been in a car accident in Florida, contact us today at (850) 434-6064 for a free consultation. Let us handle the legal details so you can focus on healing.