Injury · Florida
the short answer
You have two years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being more than half to blame ends the claim. Your own insurer pays the medical bills first, and there is a threshold to clear before you can sue the other driver for pain and suffering at all.
source ↗Not yet checked against the statute.
governing statute
source ↗Not yet checked against the statute.
who pays first
Florida is a no-fault state. Your own policy pays the medical bills whoever caused the crash, and you may sue the other driver for pain and suffering only if the injury is a permanent one, a significant and permanent loss of an important bodily function, significant and permanent scarring or disfigurement, or death. Under that line the claim against them is barred however plainly they were at fault. (Fla. Stat. § 627.737(2))
source ↗Not yet checked against the statute.
Across the country. 9 of the 51 states written up answer this the same way as Florida. Compare every state →
your share of the fault
You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (Fla. Stat. § 768.81(6))
source ↗Not yet checked against the statute.
Across the country. 24 of the 51 states written up answer this the same way as Florida. Compare every state →
limit
2 years
source ↗Not yet checked against the statute.
Across the country. 25 of the 51 states written up answer this the same way as Florida. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
which court
County court
source ↗Not yet checked against the statute.
small claims limit
$8,000
source ↗Not yet checked against the statute.
exceptions: The limit does not count costs, interest or attorney's fees.
source ↗Not yet checked against the statute.
also
Florida halved this deadline. For negligence accruing after 24 March 2023 the period is two years rather than the four it had been, so a crash from 2022 and a crash from 2024 are on different clocks and the older answer is still all over the internet.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Florida. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
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