How long do I have to sue the at-fault driver in Florida?

Car insuranceDeadlinesFloridaChecked Nov 6, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-06 · Source: Florida Statutes · § 95.11 · s. 95.11 (5)(a) View original ↗

In short

Florida law sets time limits for lawsuits.
A lawsuit "founded on negligence" is listed under "WITHIN TWO YEARS."
Other kinds of lawsuits have other time limits.

What this means

This answer uses a Florida law only. The law, section 95.11, lists time limits for different kinds of court cases. Under "WITHIN TWO YEARS," it lists "An action founded on negligence." The law lists many other kinds of cases with other time limits. The source does not say which item fits your car damage or injury. It does not say when the clock starts in your case. This is about going to court, not about telling an insurer about a crash.

Your next step

Read s. 95.11 in full and check the date of your crash. The source gives two years for "an action founded on negligence"; it does not say when the time starts in your case. The deadline to report to an insurer is not in this source.

Check it yourself

Open the Florida Statutes page for 95.11 and find subsection (5).

Where this comes from (1)

[1] Florida Statutes · § 95.11 · s. 95.11 (5)(a) · checked 2026-11-06
Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows: … (5) WITHIN TWO YEARS.—(a) An action founded on negligence.

How we found this

We matched your question to 1 official source, quoted the exact lines, and re-checked each quote against its source on 2026-11-06.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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