How Long After a Florida Car Accident Can I Claim Injury?

If you have been involved in a motor vehicle collision, the clock is already ticking. In Florida, the timeline for filing an injury claim is strictly governed by state statutes, and missing these deadlines, even by a single day, can permanently bar you from recovering compensation for medical bills, lost wages, and pain and suffering.

As of 2026, Florida’s deadlines for car accident claims are among the most strictly enforced in the country. Here is everything you need to know about the windows of opportunity for your claim.

The 2-Year Rule: Florida’s New Statute of Limitations

For decades, Florida allowed four years to file a negligence claim after a car accident. However, following the passage of House Bill 837 in March 2023, the law changed dramatically.

• The Current Deadline: You now have only two (2) years from the date of the accident to file a personal injury lawsuit based on negligence.
• Why the Change Matters: This 50% reduction in time means that evidence must be gathered and a strategy must be formed much faster than in previous years. If your accident occurred after March 24, 2023, you must adhere to this new two-year window.

The Critical 14-Day PIP Rule

While you have two years to file a lawsuit, you only have 14 days to protect your medical coverage. Florida is a “No-Fault” state, meaning you must first turn to your own Personal Injury Protection (PIP) insurance.

Under Florida Statute § 627.736, you must seek initial medical treatment within 14 days of the accident to qualify for PIP benefits. If you wait until day 15, your insurance carrier can legally deny coverage for your medical bills, leaving you to pay out of pocket or wait for a potential settlement that could be years away.

Exceptions to the Timeline

While two years is the standard for most Florida car accident claims, certain factors can shorten or lengthen this window:

• Uninsured/Underinsured Motorist (UM) Claims: Because UM claims are technically “contract” disputes with your own insurance company, the statute of limitations is typically five (5) years. However, you should never wait this long, as evidence of the other driver’s fault becomes harder to prove over time.
• Claims Against Government Entities: If you were hit by a city bus, a police cruiser, or a state-owned vehicle, you must follow Sovereign Immunity rules (Florida Statute § 768.28). This often requires a formal “Notice of Intent” to be filed much sooner, frequently within three years for claims, but notice requirements can be as short as months depending on the municipality.
• Wrongful Death: If a car accident resulted in the death of a loved one, the estate generally has two (2) years from the date of death to file a claim.

Why You Should Not Wait Until the Deadline Approaches

Even if you are well within the two-year window, waiting to file a claim is the most common mistake victims make. In the current 2026 legal environment, insurance companies are more aggressive than ever.

1. The 50% Fault Bar: Florida now follows a modified comparative negligence system. If an insurance company can prove you were more than 50% at fault, you get nothing. The longer you wait, the harder it is for your lawyer to find witnesses or secure dashcam footage that proves the other driver was the primary cause.
2. Fading Evidence: Road conditions change, vehicles are repaired or scrapped, and witness memories fade. Immediate action allows Kogan & DiSalvo Personal Injury Lawyers to preserve the “black box” data from vehicles and high-definition traffic camera footage.
3. Insurance Scrutiny: Carriers look at a delay in filing as a sign that your injuries aren’t serious. They will use your “gap in treatment” or delay in hiring a lawyer to lower their settlement offer.

How Kogan & DiSalvo Personal Injury Lawyers Protects Your Timeline

Navigating the various “clocks” that start ticking after a Florida car accident is daunting. When you contact Kogan & DiSalvo Personal Injury Lawyers, we immediately take over the calendar. Our team:

• Verifies exactly which statute of limitations applies to your specific case.
• Ensures all notices to government entities or insurance carriers are filed correctly and on time.
• Handles all communication with adjusters so you can focus on medical recovery.

Don’t let a deadline end your case before it begins. If you have questions about whether you still have time to file a claim in Florida, contact us today for a free, no-obligation consultation.

Call Kogan & DiSalvo Personal Injury Lawyers or [Click Here] to speak with an attorney.