Florida cut its lawsuit deadline from 4 years to 2 years in 2023 and switched from pure to modified comparative fault. Both changes hurt claimants. Here's what it means.
Florida changed its accident laws in 2023 in ways most people still haven't processed. If your accident happened after March 24, 2023, different rules apply — and they're less favorable to you.
Florida is a no-fault PIP state. After an accident you file with your own insurer first — $10,000 in PIP covers 80% of your medical bills and 60% of lost wages regardless of fault. That sounds useful until you realize it covers almost nothing in a serious injury case. To go after the at-fault driver directly — for pain and suffering and the full value of your injuries — your injuries must qualify as 'serious' under Florida Statute § 627.737: significant or permanent loss of a body function, permanent injury, significant scarring, or death. An attorney documents your case from the beginning to establish that threshold before the insurer can challenge it.
Two major law changes in 2023 shifted everything. First: the statute of limitations dropped from four years to two years, effective March 24, 2023 (Fla. Stat. § 95.11(3)(a)). If your accident happened on or after that date, you have two years — not four. Second: Florida switched from pure comparative fault to modified comparative fault under Fla. Stat. § 768.81. Under the old rule, you could recover at any fault percentage. Under the new rule, if you're found more than 50% at fault, you recover nothing. Insurers moved immediately to exploit this change.
Florida PIP also has a 14-day treatment rule that almost nobody knows: to receive your full $10,000 in PIP benefits, you must seek medical treatment within 14 days of the accident under Fla. Stat. § 627.736(1)(a). Miss that window and your PIP benefit drops to $2,500. Adrenaline masks pain for days after a crash. Go get checked out within 14 days regardless of how you feel — and don't give any statement to any insurance company until you've spoken to an attorney.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
No. The 2023 law changes apply to accidents occurring on or after March 24, 2023. If your accident was before that date, the older 4-year statute of limitations still applies to your case, and pure comparative fault — which is more favorable to claimants — still governs. The cutoff is the accident date, not the filing date.
Under Fla. Stat. § 627.736(1)(a), you must seek initial medical treatment within 14 days of the accident to receive the full $10,000 in PIP benefits. Miss that window and the benefit drops to $2,500. ER visits, urgent care, and primary care doctor appointments all count. If you've already missed the window, it doesn't end your claim — but it does reduce PIP coverage and insurers will use it to argue your injuries weren't serious. It's still worth having an attorney review your situation.
Two years from the accident date for accidents on or after March 24, 2023, under Fla. Stat. § 95.11(3)(a). Four years for accidents before that date. If a government vehicle or employee was involved, you must also file a pre-suit notice under Fla. Stat. § 768.28 — and that notice must go out within three years of the accident. Failure to file bars the lawsuit entirely even if the main deadline hasn't passed.
Since 2023, Florida's modified comparative fault rule under Fla. Stat. § 768.81 means a finding of 51% fault wipes out your entire recovery. Insurers use this aggressively. Your attorney's job is to investigate the crash, gather all available evidence — police reports, surveillance, witness statements, accident reconstruction if needed — and build the record that establishes the other driver's majority fault before any settlement discussion begins.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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“My Uber driver ran a red light in Miami and I had no idea about the 14-day PIP rule. My attorney filed everything before my benefits were cut. Could not have done this without them.”
— Carlos R., Miami, FL
“The other driver was 60% at fault but the insurer tried to flip it on me under the new law. My attorney fought it and got full compensation.”
— Denise W., Orlando, FL
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