Traffic Accident Settlements in Florida

When a Florida resident gets into a car accident, several state laws affect the insurance claims and lawsuits that might result. In this article, we'll examine a few of those laws, including how long drivers have to file court cases after a crash and how Florida's "pure" comparative fault rule might affect the case. (For more information on traffic accident settlements, including how to value settlement claims, see our articles on Car Accident Settlements.)

Florida's Statute of Limitations After a Car Accident 

A "statute of limitations" is a law that sets a deadline for filing certain kinds of lawsuits. In Florida, the statute of limitations for personal injury and property damage cases related to traffic accidents is four years (Title 8, Ch. 95, Sec. 95.11).

This four-year window "opens" the day of the accident. Weekends and holidays are included in the count.  After four years, you may be barred from bringing your case to court, no matter how strong your arguments are.

One important distinction: The statute of limitations only applies to lawsuits you file in court. It does not apply to insurance claims. But it's a wise move to file your car insurance claim as soon as possible after a crash. Filing early not only helps you receive any insurance proceeds quickly, it also gives you and your insurance company time to investigate the crash to figure out who was potentially "at fault," and to negotiate a fair settlement. If negotiations stall or fail, you'll still be able to say you're prepared to go to court and file your lawsuit if you need to. And as long as you're still within the four-year time limit, you'll be able to use that as a bargaining chip at the negotiation table.

(One thing to consider: People injured in traffic accidents need to follow a different procedure if the accident involved a government employee and/or government property. For instance, if you were injured when a city bus hit your car, you'll probably need to file a "notice of claim" with the government agency in charge of public transit, and you'll need to do it pretty quickly in order to preserve your rights. Our article Accidents Involving the Government: Claim Basics gives more information on these types of cases.)

Florida's Comparative Fault Rules

In Florida, your options for settlements after a traffic accident depend in part on who was likely "at fault" for causing the accident.  If your case goes to court, a judge or jury may decide that both you and another driver were partially to blame for the crash. If this happens, how does it affect your ability to receive damages?

Florida uses a "pure" comparative fault rule in car accident cases. The rule works like this: Suppose that, in your case, the jury decides the total amount of your damages is $100,000. The jury also decides that you are 20 percent at fault for the accident, and the other driver is 80 percent at fault.  Under the "pure" comparative fault rule, you will receive the total damages amount minus a portion equal to the percentage of your fault. In this example, therefore, you would get $80,000: the $100,000 total, minus the 20 percent ($20,000) that represents your share of the fault.

The "pure" comparative negligence rule remains the same even if you are found to be more at fault than the other driver.  So, in the example above, if you were the one found to be 80 percent at fault, you could still recover $20,000 (the $100,000 total minus your 80 percent, or $80,000).  Not all states' comparative negligence rules work this way.  In states that use "modified" comparative negligence rules (like Florida's neighbor Georgia), you would not be able to recover any damages at all if the jury found you were 50 percent or more responsible for the accident.

Florida's Car Insurance Requirements

Florida law requires drivers to have certain kinds and amounts of car insurance, which can affect their traffic accident settlements.  For more information on auto insurance rules in Florida, see our companion article, Car Insurance Laws in Florida.