Car Accident Lawsuit in Florida

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Written By
People's Justice Legal Research Team

Statute of Limitations

Florida has a 4-year statute of limitations for personal injury claims from car accidents (Fla. Stat. § 95.11). The clock starts on the date of the accident. Florida requires minimum liability insurance of 10/20/10 ($10K per person, $20K per accident bodily injury, $10K property damage) plus $10K in PIP coverage. The verbal threshold requires significant/permanent injury to sue.

4 years from date of accident

Filing Venue

Where to File in Florida

Florida is a no-fault state requiring all drivers to carry $10,000 in Personal Injury Protection (PIP). After a 2023 reform, Florida moved from pure no-fault to a modified system: a claimant must establish a "serious injury" threshold — permanent injury, significant scarring or disfigurement, or death — before bringing a tort claim against the at-fault driver for pain and suffering.

The statute of limitations for MVA personal injury actions in Florida is two years from the date of the accident (Fla. Stat. § 95.11(3)(a), amended effective 2023; pre-2023 accidents retain the four-year period). Wrongful death claims carry a two-year limitation. PIP first-party claims must be filed within five years.

Venue for MVA claims lies in the county where the accident occurred or where the defendant resides (Fla. Stat. § 47.011). Miami-Dade, Broward, Palm Beach, Hillsborough, and Orange County courts manage the bulk of Florida MVA litigation. Florida adopted modified comparative negligence in 2023 — plaintiffs more than 50% at fault are barred from recovery.

Florida minimum liability is 10/20/10. UM/UIM coverage must be offered at bodily-injury limits; written rejection required to decline. Florida consistently ranks among the states with the highest uninsured driver rates (approximately 20%), making UM/UIM claims strategically critical in most MVA cases.

Florida Data

Exposure in Florida

Source: Florida DHSMV 2024

Source: Insurance industry data

Source: NHTSA FARS 2024

Medical Resources

Clinics & Specialists in Florida

Ryder Trauma Center — Jackson Memorial Hospital — Level I Trauma Center

The Team

Your Legal Team

MW

Marcus Williams

Senior Associate

Miami, FL

12+ Years Experience
Personal injury defense and plaintiff workInsurance bad faith litigationRideshare accident claimsPedestrian and bicycle accidents

Marcus Williams brings 12 years of personal injury experience to every car accident case he handles in South Florida. His practice focuses on the unique challenges of MVA litigation in Florida — a no-fault insurance state with some of the highest uninsured driver rates in the country. Marcus has developed particular expertise in rideshare accident claims (Uber and Lyft), which involve complex insurance layering between the driver's personal policy and the company's commercial coverage. His aggressive approach to insurance bad faith claims has resulted in several policy-limits settlements that exceeded initial offers by 5x or more.

Education

  • J.D., University of Miami School of Law (2014)
  • B.A., Criminal Justice, Florida International University (2011)
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