Florida Car Accident Statute of Limitations (2026)

The current rule: 2 years, since March 2023

Florida Statute §95.11(5)(a) lists "an action founded on negligence" among the actions that must be brought "within two years." We checked this against the official Florida Senate text of the 2026 Florida Statutes on 27 September 2026. (Older pages cite this as §95.11(4)(a); the subsection has since been renumbered.)

This is a recent change. Chapter 2023-15, Laws of Florida, cut the negligence period from 4 years to 2, and §28 of that law says the change applies "to causes of action accruing after the effective date of this act." The act became law on 24 March 2023.

Why this matters: many older articles still say Florida's deadline is 4 years. That was true for claims that arose before 24 March 2023. If your accident happened close to that cutoff, the exact date matters, so confirm which rule applies to you rather than relying on any single source, including this one.

Damage to your car

Two parts of §95.11 could apply to a vehicle-damage claim: 2 years for "an action founded on negligence" and 4 years for "an action for taking, detaining, or injuring personal property." We have not confirmed which one Florida courts apply after the 2023 change, so treat the shorter 2-year period as the safe assumption and check with a Florida attorney.

The exception: claims against a government entity

If a government-owned vehicle or a government employee on duty was involved (a police car, a public bus, a county truck), Florida's limited waiver of sovereign immunity adds its own steps. You must present the claim in writing to the appropriate agency first:

"An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency ... within 3 years after such claim accrues", Fla. Stat. §768.28(6)(a) (checked against the official text, 27 Sep 2026)

Claims against the state (as opposed to a city or county) must also be presented to the Department of Financial Services. The lawsuit itself must then be filed within 4 years after the claim accrues (§768.28(14)).

Minors: the tolling rule is narrower than most people assume

Many states pause the statute of limitations until a minor turns 18. Florida does not work that way for general negligence claims. Fla. Stat. §95.051(1)(i), checked against the official text on 27 September 2026, tolls the clock only during "any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue."

In plain terms: if the child has an available parent or guardian with no conflict of interest, the 2-year clock is likely still running from the date of the accident. Other rules, such as the discovery rule, can move the start date in narrow cases. Confirm how any of this applies with a licensed Florida attorney.

Quick reference

See every state's deadline on our car accident claim deadline by state page.

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Settlement Scout is not a law firm, and this page is general information, not legal advice. Confirm your deadline with a licensed attorney in Florida.