Florida Car Accident Law: 2-Year Deadline, PIP and 50% Bar
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- For negligence claims arising on or after March 24, 2023, Florida's deadline is two years, down from four (Fla. Stat. §95.11).
- Florida bars recovery if you are found more than 50 percent at fault (§768.81(6)). At exactly 50 percent you can still recover half.
- Florida is a no-fault state: required Personal Injury Protection (PIP) of $10,000 pays your initial injury costs, and you generally must seek treatment within 14 days.
- PIP was NOT repealed in 2026. Repeal bills died in committee when the session ended on March 13, 2026.
- Florida does not require most drivers to carry bodily injury liability coverage, so uninsured motorist coverage matters.
Last checked against official sources: October 6, 2026. Laws change, and courts interpret them. Before relying on a deadline or rule, confirm it on your state's official website or with a licensed attorney.
If you searched for Florida's car accident rules, you may have found pages saying PIP "ends July 1, 2026" or that old deadlines still apply. Neither is right. Florida's rules changed in 2023, and then a wave of confusing headlines followed.
This guide sets out what the law currently says, what changed in 2023 and which rumors to ignore. It is educational information, not legal advice for your case.
Florida car accident rules at a glance
| Rule | What it says | Where it comes from |
|---|---|---|
| Negligence deadline | Two years for claims arising on or after March 24, 2023 (four years before that date) | Fla. Stat. §95.11; HB 837 (2023) |
| Wrongful death deadline | Two years | Fla. Stat. §95.11 |
| Fault bar | A party found greater than 50 percent at fault for their own harm may not recover damages (medical negligence cases are excepted) | Fla. Stat. §768.81(6) |
| No-fault coverage | $10,000 PIP and $10,000 property damage liability required for most vehicles | Fla. Stat. §627.736 (PIP) |
| PIP treatment window | Initial treatment generally within 14 days | Fla. Stat. §627.736 |
What changed in 2023
House Bill 837, signed in 2023 as Chapter 2023-15, changed Florida injury law in several ways. Two matter most to car accident victims. First, the time to file a negligence lawsuit dropped from four years to two years for causes of action accruing after March 24, 2023. Second, Florida moved from pure comparative negligence to a modified system with a bar above 50 percent, in Section 768.81(6).
The legislature later reorganized Section 95.11, so the subsection numbers for negligence and wrongful death have shifted. The substance remains: two years for most negligence claims and two years for wrongful death. Look at the current statute for exact numbering.
The fault bar, with numbers
Under Section 768.81(6), a party found to be greater than 50 percent at fault for their own harm may not recover any damages. If you are 50 percent or less at fault, your recovery is reduced by your percentage.
| Your share of fault | Recovery on $100,000 in damages |
|---|---|
| 0 percent | $100,000 |
| 25 percent | $75,000 |
| 50 percent | $50,000 |
| 51 percent | $0 (barred) |
Before 2023, a plaintiff 80 percent at fault could still recover 20 percent of damages. Now, defense lawyers and insurers often push to move a plaintiff's share above 50 percent. That makes evidence about lane changes, left turns and intersection crashes especially important. Remember that fault in an accident can include small things. See our guide to comparative negligence and try our Settlement Range Explainer.
How Florida's no-fault system works
Florida is a no-fault state for the first layer of injury costs. Most registered vehicles must carry $10,000 in Personal Injury Protection, plus $10,000 in property damage liability. PIP pays a share of medical bills and some lost income for you and others covered by your policy, whoever caused the crash.
- The 14-day rule. To use PIP, you generally need to get initial treatment within 14 days of the accident. Waiting longer can cost you benefits.
- The emergency medical condition rule. The full PIP amount depends on a provider determining that you had an emergency medical condition. Without that determination, benefits are commonly described as limited to a smaller amount.
- PIP is not the end. If injuries are serious, you may be able to bring a claim against an at-fault driver for losses beyond PIP, depending on the injury and policy limits.
"Did Florida repeal PIP?" No.
In recent years legislators have repeatedly filed bills to repeal PIP. Reporting from Insurance Journal in May 2026 explained that repeal passed the legislature only once, in 2021, and the governor vetoed it. Bills in 2025 and 2026 died in committee, and the 2026 session ended on March 13, 2026 without a repeal. Several websites still claim PIP ends on July 1, 2026, which was a date in a proposed bill, not in the law.
Keep your PIP coverage. Dropping it because of a rumor could leave you without coverage the state still requires. Because bills can return in future sessions, check the Florida Senate website for the latest status.
Other coverage in Florida
Florida generally does not require ordinary drivers to carry bodily injury liability coverage, though it can be required after certain events. That means an at-fault driver may have no insurance for your injuries. Your own uninsured and underinsured motorist coverage can help in that situation, and a claim on your own policy can follow different time limits than a lawsuit against another driver.
Claims against government
Claims against Florida state or local government agencies are governed by special rules, including written notice requirements under Section 768.28 and limits on recovery. Deadlines can differ from the two-year rule, so check the rules right away if a public vehicle, road or property is involved.
Practical steps
- See a medical provider within 14 days to protect PIP benefits, and keep every record.
- Report the crash and keep the police report number.
- Photograph the scene and vehicles. See our car accident checklist.
- Write down the date and set reminders well before two years.
- Be careful with recorded statements. Read our guide on dealing with insurance adjusters.
- Review your own policy for PIP, UM/UIM and medical payments.
Frequently asked questions
How long do I have to file a car accident lawsuit in Florida?
Two years for negligence claims arising on or after March 24, 2023, under Fla. Stat. §95.11. Earlier accidents may follow the former four-year period.
Can I recover if I am partly at fault in Florida?
Yes, if you are 50 percent or less at fault. Your recovery is reduced by your percentage. Above 50 percent, most negligence recovery is barred.
Did Florida get rid of PIP?
No. Repeal bills in 2025 and 2026 died in committee. PIP remains required for most Florida vehicles.
Do I have to see a doctor within 14 days?
To use PIP benefits, generally yes. Delaying treatment past 14 days can cost you PIP benefits.
Sources and references
- Florida Statutes, Online Sunshine (leg.state.fl.us): see §95.11, §768.81 and §627.736
- No, Florida Lawmakers Did Not Repeal the No-Fault Auto Insurance Law, Insurance Journal, May 5, 2026 (insurancejournal.com)
- Comparative negligence, Legal Information Institute, Cornell Law School (law.cornell.edu)
- Statute of limitations, Legal Information Institute, Cornell Law School (law.cornell.edu)
- A Consumer's Guide to Auto Insurance, National Association of Insurance Commissioners, hosted by the Tennessee Department of Commerce and Insurance (tennessee.gov)
Edited by Mohammed Khalaf, site editor. Written from the official sources listed above. The editor is not an attorney, and this article is not legal advice.
This article is educational and is not legal advice. We are not a law firm and do not refer or recommend lawyers. Laws differ by state and change over time. Read our Legal Disclaimer and Editorial Policy.