Florida Car Accident Claims: No-Fault, PIP & When to Sue

Florida is a no-fault auto state: your own PIP (up to $10,000) pays your medical bills and lost wages regardless of fault. To sue the at-fault driver for pain and suffering, you must meet the serious-injury threshold (Fla. Stat. § 627.737). A two-year filing deadline and modified comparative negligence (51% bar) apply.

This is general information, not legal advice. Talk to a Florida attorney promptly — the two-year deadline applies.

After a Florida car crash, you have two years from the date of the accident to file a personal-injury lawsuit (Fla. Stat. § 95.11(4)(a), shortened from 4 years by 2023’s HB 837). Florida is a no-fault PIP state, so your own $10,000 PIP coverage pays first regardless of fault (Fla. Stat. § 627.736), and you can only sue the at-fault driver for pain and suffering if you meet the serious-injury threshold (Fla. Stat. § 627.737).

Does Florida no-fault apply to my crash?

Every Florida driver carries Personal Injury Protection (PIP) — $10,000 (Fla. Stat. § 627.736). After a crash, your own PIP pays 80% of your reasonable medical expenses and 60% of your lost wages, up to the limit, regardless of who was at fault. That’s the “no-fault” part: you turn to your own coverage first.

PIP benefit	Amount	Statute
Total PIP limit	$10,000	Fla. Stat. § 627.736
Medical expenses paid	80% of reasonable	Fla. Stat. § 627.736
Lost wages paid	60% of lost income	Fla. Stat. § 627.736
Property damage liability (required)	$10,000	Fla. Stat. § 324.022

When can I sue the at-fault driver?

To step outside the no-fault system and sue the at-fault driver for pain and suffering (noneconomic damages), your injury must meet the serious-injury threshold (Fla. Stat. § 627.737):

A permanent injury (within a reasonable degree of medical probability);
Significant and permanent scarring or disfigurement;
Significant and permanent loss of an important bodily function; or
Death.

How long do I have to file?

The filing deadline is generally two years for claims accruing on or after March 24, 2023 (Fla. Stat. § 95.11(4)(a)), shortened from the prior four-year window. Different claim types follow different rules:

Claim type	Deadline	Statute
Personal injury (on/after 3/24/2023)	2 years	Fla. Stat. § 95.11(4)(a)
Property damage (vehicle)	4 years	Fla. Stat. § 95.11(3)
Wrongful death	2 years from death	Fla. Stat. § 95.11(4)(d)
Claim against government driver/entity	Notice within 3 years; 6-month presuit	Fla. Stat. § 768.28

What if I was partly at fault?

Florida’s modified comparative negligence (Fla. Stat. § 768.81) applies — if you were partly at fault, your recovery is reduced by your share, and at more than 50% at fault you recover nothing. Florida requires PIP and $10,000 property-damage liability but not bodily-injury liability for ordinary drivers, so uninsured/underinsured motorist coverage is valuable.

To get matched with a local Florida car accident attorney, connect with a lawyer.

Frequently asked questions

Do I use my own insurance first after a Florida crash?

Yes. Florida is no-fault, so your Personal Injury Protection (PIP) pays first — 80% of medical bills and 60% of lost wages, up to $10,000 — regardless of who caused the crash (Fla. Stat. § 627.736).

When can I sue the other driver for pain and suffering?

Only if your injury meets the 'serious injury' threshold — a permanent injury, significant and permanent scarring or disfigurement, significant loss of an important bodily function, or death (Fla. Stat. § 627.737).

How long do I have to file a car accident lawsuit in Florida?

Generally two years for claims accruing on or after March 24, 2023 (Fla. Stat. § 95.11, as amended by the 2023 tort reform). Older claims may have had four years.

Related guides

Florida ATV Accident Claims ATVs are off-highway vehicles that generally can't be driven on public roads in Florida (Fla. Stat. § 316.2074), and operators under 16 must wear a helmet and eye protection. ATVs aren't covered by auto PIP, so injury claims proceed as ordinary negligence under the two-year deadline and modified comparative negligence.

Florida Bicycle Accident Claims In Florida, a bicyclist has the rights and duties of a vehicle operator (Fla. Stat. § 316.2065). Crash claims run on negligence and modified comparative fault, and a cyclist's own conduct can reduce or bar recovery. Riders under 16 must wear a helmet. The two-year deadline applies.

Florida Commercial Truck Accident Claims A commercial truck crash in Florida is still a Florida negligence claim — same two-year deadline and modified comparative negligence — but federal FMCSA safety regulations (hours of service, maintenance, driver qualification) layer on top, and there are often multiple defendants: the driver, the motor carrier, and sometimes others.

Florida Dog Bite Claims Florida imposes strict liability on dog owners for bites: the owner is liable regardless of the dog's prior viciousness or the owner's knowledge of it (Fla. Stat. § 767.04). The victim's own negligence reduces recovery, and a prominently displayed 'Bad Dog' sign can limit liability — but not against children under 6 or where the owner was negligent.

Florida Motorcycle Accident Claims Florida lets riders 21 and older ride without a helmet if they carry at least $10,000 in medical coverage; under-21 riders must wear one (Fla. Stat. § 316.211). Motorcycles are generally not covered by Florida's no-fault PIP, so riders typically pursue the at-fault driver directly. The two-year deadline and modified comparative negligence apply.

Florida Negligent Security Claims Negligent security is a premises-liability claim: a property owner's failure to provide reasonable security (lighting, locks, cameras) enables a third party's criminal attack on the premises. A 2023 law (Fla. Stat. § 768.0706) gives owners of multifamily residential property a presumption against liability if they substantially implement specified security measures.

Florida Car Accident Claims