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.
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Injury · Florida

Can I sue for a car accident in 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.

Which law covers a car accident claim in Florida?

governing statute

Fla. Stat. § 95.11(5)(a)

source ↗Not yet checked against the statute.

Is Florida a no-fault state?

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 →

What happens if you were partly at fault for the crash in Florida?

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 →

How long do you have to sue after a car accident in Florida?

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 hears a case like this in Florida?

which court

County court

source ↗Not yet checked against the statute.

How much can you sue for in Florida small claims court?

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.

What else should you know in Florida?

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

That is the rule. Whether it is your answer is a different question.

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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