Hurt in a car accident in Florida? Your claim usually runs through the at-fault driver's insurance, and two rules shape it most: the filing deadline and how fault is shared.
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Florida is a no-fault PIP state. After an accident you file with your own insurer first — $10,000 in PIP covers 80% of your medical bills and 60% of lost wages regardless of fault. That sounds useful until you realize it covers almost nothing in a serious injury case. To go after the at-fault driver directly — for pain and suffering and the full value of your injuries — your injuries must qualify as 'serious' under Florida Statute § 627.737: significant or permanent loss of a body function, permanent injury, significant scarring, or death. An attorney documents your case from the beginning to establish that threshold before the insurer can challenge it.
Two major law changes in 2023 shifted everything. First: the statute of limitations dropped from four years to two years, effective March 24, 2023 (Fla. Stat. § 95.11(5)(a)). If your accident happened on or after that date, you have two years — not four. Second: Florida switched from pure comparative fault to modified comparative fault under Fla. Stat. § 768.81. Under the old rule, you could recover at any fault percentage. Under the new rule, if you're found more than 50% at fault, you recover nothing. Insurers moved immediately to exploit this change.
Florida PIP also has a 14-day treatment rule that almost nobody knows: PIP medical benefits are paid only if you receive initial services and care within 14 days of the accident under Fla. Stat. § 627.736(1)(a). After that, PIP pays up to $10,000 for medical care if a qualified provider finds an emergency medical condition, and is limited to $2,500 if a provider finds there was none. Adrenaline masks pain for days after a crash. Go get checked out within 14 days regardless of how you feel — and don't give any statement to any insurance company until you've spoken to an attorney.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Partly. The 2-year deadline applies to claims that arose after March 24, 2023, so an earlier accident generally keeps the older 4-year deadline. But the modified comparative fault rule applies to lawsuits filed after March 24, 2023 (ch. 2023-15, sections 28 and 30, Laws of Fla.), so it can apply even to an older accident if the suit is filed now. A Florida attorney should confirm how the dates apply to you.
Under Fla. Stat. § 627.736(1)(a), PIP medical benefits are paid only if you receive initial services and care within 14 days of the accident. If you do, PIP pays up to $10,000 when a qualified provider finds an emergency medical condition, and up to $2,500 when a provider finds there was none. ER visits, urgent care, and primary care doctor appointments all count. If you've already missed the window, it doesn't end your claim against the at-fault driver, but it can cost you PIP medical benefits and insurers will use it to argue your injuries weren't serious. It's still worth having an attorney review your situation.
Two years from the accident date for accidents on or after March 24, 2023, under Fla. Stat. § 95.11(5)(a). Four years for accidents before that date. If a government vehicle or employee was involved, you must also file a pre-suit notice under Fla. Stat. § 768.28 — and that notice must go out within three years of the accident. Failure to file bars the lawsuit entirely even if the main deadline hasn't passed.
Since 2023, Florida's modified comparative fault rule under Fla. Stat. § 768.81 means a finding of 51% fault wipes out your entire recovery. Insurers use this aggressively. Your attorney's job is to investigate the crash, gather all available evidence — police reports, surveillance, witness statements, accident reconstruction if needed — and build the record that establishes the other driver's majority fault before any settlement discussion begins.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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Last reviewed: 2026-04-07
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