For decades, Floridians had four years to file a lawsuit after a car crash. In March 2023, the Legislature cut that to two. Many people hurt on Pasco roads still do not know, and insurance adjusters are under no obligation to tell them.
Here is what the law says, who it does and does not cover, and why the real deadline comes well before the one in the statute.
What HB 837 did to the deadline
House Bill 837, signed and effective March 24, 2023, rewrote several parts of Florida injury law. The change that matters most for deadlines is in Fla. Stat. § 95.11. The statute now lists "an action founded on negligence" in its two-year category, § 95.11(5)(a). Before HB 837, negligence sat in the four-year category.
Nearly every car, truck, motorcycle, pedestrian and bicycle crash claim is a negligence claim. So is a slip and fall. If your crash happened on or after March 24, 2023, you have two years from the date of the crash to file suit.
The two-year rule applies to causes of action that accrued after the effective date. A crash on US-19 in February 2023 still gets four years. A crash on SR-54 in April 2023 gets two.
Wrongful death claims were already on a two-year clock and remain there under § 95.11(5)(e). Medical malpractice remains two years from when the injury was or should have been discovered, with a four-year outer limit, under § 95.11(5)(c).
What happens if you miss it
If no lawsuit is on file when the period ends, the claim is gone. The at-fault driver's insurer can refuse to pay a dime, and a court will dismiss any suit filed afterward. There is no hardship exception for people who were still treating, still negotiating, or simply did not know.
Adjusters understand this. A claim that drifts past the two-year mark in "we're still evaluating" mode is a claim the insurer no longer has to pay. That is one reason unrepresented claims tend to slow down as the deadline approaches.
The exceptions that matter in Pasco County
Crashes before March 24, 2023
Four years. If you were hurt in early 2023 or before and have not resolved the claim, you may still have time, but check the exact date with a lawyer.
Claims against government agencies
Pasco County, the cities of Port Richey, New Port Richey, Zephyrhills and Dade City, the Pasco County School Board, FDOT and GOPasco (the county's bus system, operated by the Board of County Commissioners) are all covered by Florida's sovereign immunity statute, Fla. Stat. § 768.28. Before you can sue, you must present written notice of the claim to the agency, and for most agencies also to the Department of Financial Services, within three years of the crash, or two years for wrongful death. You then wait for a denial or six months, whichever comes first. The claim must include your date of birth and Social Security number. Damages are capped at $200,000 per person and $300,000 per incident, with no punitive damages or prejudgment interest. A crash with a GOPasco bus on SR-54 or a county dump truck on Moon Lake Road is a very different case from a crash with a private driver.
Claims against your own insurer
PIP and uninsured/underinsured motorist (UM/UIM) claims are claims on your policy, a written contract. Florida gives written-contract claims five years under § 95.11(2)(b). That does not mean you can wait. Your policy requires prompt notice and cooperation, and under Fla. Stat. § 627.727 your UM carrier generally has to be told before you settle with the at-fault driver. Treat every coverage as if it were on the two-year clock.
Minors and incapacity
Florida's tolling rules are narrow. Do not assume a child's claim can wait until they turn 18. Ask.
If you are unsure which rule applies to you, call (240) 421-5511. We will check the date and the parties for free.
Why the real deadline is much earlier
The statute of limitations is the last possible day to file a complaint in court. Almost nothing about a good case happens on that day. Everything that builds the case happens in the first weeks.
Evidence has its own expiration date
Businesses along US-19, SR-54 and Little Road overwrite surveillance footage in days. Skid marks wash away in a Pasco afternoon storm. Vehicles get repaired or crushed, taking their event data recorders with them. Witnesses move. A lawyer hired in week one can send preservation letters, inspect the cars and lock in statements. A lawyer hired in month 20 cannot.
The 14-day PIP rule is already gone by then
Fla. Stat. § 627.736 requires you to get initial medical care within 14 days of the crash or lose PIP medical benefits. That window closes long before anyone thinks about lawsuits. Here is how the 14-day rule works.
Treatment has to finish before the claim can be valued
Pain and suffering damages in a Florida car case require a permanent injury within a reasonable degree of medical probability under Fla. Stat. § 627.737(2). Reaching that opinion takes months of treatment and imaging. If you start late, you may be forced to file suit, or settle, before your doctors know the full picture.
Comparative fault gets argued from the record you build
Under Fla. Stat. § 768.81(6), you recover nothing if you are found more than 50 percent at fault. Fault is argued from the crash report, photographs, video and witnesses. A thin record late in the claim is an invitation to the insurer to put the blame on you. More on the 51% rule.
Insurers settle for less as the clock runs
The closer a claim gets to its deadline without a lawsuit, the less leverage the injured person has. An insurer that knows you have three weeks to find a lawyer, prepare a complaint and file it in Pasco County circuit court will not be generous.
What a two-year timeline should actually look like
- Day 1 to 14: medical care, crash report, photographs, notice to your own insurer, free consultation.
- Weeks 2 to 8: preservation letters, investigation, identification of every insurance policy, including UM.
- Months 2 to 12: treatment and documentation, PIP and medical payments handled, wage loss documented.
- When treatment stabilizes: demand package to the at-fault insurer and, if needed, to your UM carrier.
- Well before month 24: suit filed if the insurer will not pay fair value.
We work this timeline on every case from our Port Richey office. Call (240) 421-5511 if you are anywhere along it.
Talk to a Port Richey car accident lawyer today
Conde-Huggins Accident Injury Lawyers handles car accident, personal injury and wrongful death claims throughout Pasco County from 6609 Ridge Road in Port Richey. Our attorney, Clementine Conde, has practiced in Florida courts since 1992 and handles every case personally. Whether your crash was last week or 20 months ago, call (240) 421-5511 for a free consultation. No attorney's fee unless we win.
Questions people ask us about florida's two-year car accident deadline: what hb 837 changed and why waiting hurts cases
How long do I have to sue after a car accident in Florida?
For crashes on or after March 24, 2023, two years from the date of the crash, under Fla. Stat. § 95.11(5)(a) as amended by HB 837. For crashes before that date, the old four-year period still applies. Wrongful death claims have a two-year limit under § 95.11(5)(e). These are deadlines to file a lawsuit, not to start a claim, and the practical deadline is much earlier.
Does the two-year deadline apply to my PIP or UM claim?
Not in the same way. PIP and uninsured motorist claims are claims against your own insurer under your policy, and Florida treats claims on a written contract under Fla. Stat. § 95.11(2)(b), which carries a five-year period. That said, your policy has its own notice and cooperation requirements, and waiting on a UM claim while the two-year clock runs on the at-fault driver is a mistake. Report everything promptly.
What if I was hit by a county vehicle or a GOPasco bus?
Claims against Pasco County, a city, the school board, FDOT or GOPasco are governed by Fla. Stat. § 768.28. You must give written notice of the claim to the agency within three years (two years for wrongful death), and you generally cannot file suit until the agency denies the claim or six months pass. Damages are capped at $200,000 per person and $300,000 per incident. The procedures are strict, so get help early.
Can the deadline be extended if I did not know I was hurt?
Rarely for car crashes. The negligence period runs from the date of the crash, not from when you learned how serious the injury was. Medical malpractice has a discovery rule under § 95.11(5)(c), with a four-year outer cap, but ordinary crash claims do not. Do not count on an extension. If you are within a few months of the two-year mark, call a lawyer now.