The 2023 Change Most People Do Not Know About
If you search for information about Florida car accident law, you will find a great deal of outdated information, because the rules changed significantly in 2023. Florida House Bill 837, signed into law on March 24, 2023, cut the statute of limitations for most negligence-based personal injury claims, including car accidents, from four years down to two years, under Florida Statute section 95.11(5)(a). This applies to accidents that occurred on or after that date, while accidents before it generally still fall under the older four-year rule.
The same law also changed how Florida handles shared fault. Florida previously used a pure comparative negligence system, where an injured person could recover some compensation no matter how much fault they shared, even if they were 99 percent responsible. HB 837 replaced that with a modified comparative negligence rule, under Florida Statute section 768.81, meaning that if you are found more than 50 percent at fault for a crash, you cannot recover any damages at all, a significant change from the prior system.
Florida No-Fault System Still Applies First
Separately from these 2023 changes, Florida remains a no-fault insurance state for auto accidents, meaning that after a crash your own personal injury protection, or PIP, coverage generally pays for a portion of your medical bills and lost wages regardless of who caused the accident, up to your policy limits. PIP does not cover pain and suffering or other non-economic damages.
To step outside the no-fault system and pursue a claim or lawsuit against the at-fault driver for those additional damages, your injury generally must meet a legal threshold under Florida law, such as significant and permanent injury, permanent scarring, or death. This tort threshold requirement works alongside, not instead of, the statute of limitations and comparative fault changes described above.
What This Means for a Tampa Claim Today
Put together, someone injured in a Tampa car accident today faces a meaningfully compressed timeline compared to a few years ago, generally two years to file a lawsuit rather than four, combined with a stricter fault rule that can eliminate compensation entirely if you are found more than half responsible. This makes prompt medical documentation and evidence preservation, including dashcam footage, witness information, and the police report, more important than it used to be, since there is less time to build a case before the filing deadline arrives.
Wrongful death claims are handled somewhat differently and were not shortened by HB 837, remaining at two years from the date of death rather than the date of the underlying accident, which is worth understanding separately if a Tampa car accident resulted in a fatality.
How to Get Legal Help
After a Tampa car accident, seek medical evaluation within 14 days if you want to preserve your ability to claim personal injury protection benefits under Florida no-fault insurance law, and keep in mind the filing deadline for a lawsuit is now only two years from the accident date for most cases, considerably shorter than it used to be, so early legal consultation matters more than ever.
To follow any further developments, bookmark this page and subscribe to LawsuitWatch alerts.
Free Legal Evaluation
Do You Qualify to File a Claim?
Our network of verified plaintiff attorneys offers free, no-obligation case evaluations. Contingency fee representation means you pay nothing unless you win.
Tampa Auto Accident Lawsuit: The 2023 Law Change You Need to Know: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
How long do I have to file a car accident lawsuit in Tampa?
Generally two years from the date of the accident for crashes on or after March 24, 2023, under Florida Statute section 95.11(5)(a). Accidents before that date generally still fall under the prior four-year deadline.
Did Florida car accident law change recently?
Yes, significantly. House Bill 837, effective March 24, 2023, cut the statute of limitations from four years to two years and changed Florida comparative fault rule from a pure system to a modified one with a 51 percent bar.
What is the 51 percent bar rule?
Under Florida Statute section 768.81, if you are found more than 50 percent at fault for a car accident, you cannot recover any damages at all. If your fault is 50 percent or less, your compensation is reduced by that percentage.
Does Florida no-fault insurance still apply?
Yes. Florida remains a no-fault state, meaning your own personal injury protection coverage generally pays a portion of medical bills and lost wages regardless of fault, up to policy limits, though it does not cover pain and suffering.
Do I need a serious injury to sue the other driver in Florida?
Generally yes, to step outside the no-fault system and recover for pain and suffering or other damages beyond PIP coverage, your injury typically must meet a legal threshold, such as significant and permanent injury or death.