Florida
Florida Car Accident Laws: No-Fault, PIP, and Your Claim
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 6 primary sources cited on this page. How we verify our legal content
Florida is a no-fault (PIP) state, meaning your own Personal Injury Protection insurance pays your medical bills and lost wages first, regardless of who caused the crash. To sue an at-fault driver for pain and suffering, you must cross a permanent-injury verbal threshold under (2). Fault is then shared under modified comparative negligence with a 51% bar ().
Is Florida a no-fault or at-fault state?
Florida is a traditional no-fault state operating under the Florida Motor Vehicle No-Fault Law ( to 627.7405). After a crash, your own Personal Injury Protection (PIP) coverage pays first, no matter who was at fault. PIP is mandatory: every owner of a registered four-wheel motor vehicle must carry at least $10,000 in PIP coverage. It pays 80% of reasonable and necessary medical expenses, 60% of lost wages, and a $5,000 death benefit, up to the $10,000 policy limit, without regard to fault.
No-fault does not mean you can never sue the other driver. Florida's no-fault law restricts when you may bring a tort claim for non-economic damages such as pain, suffering, mental anguish, and inconvenience. To step outside the no-fault system, your injury must meet the verbal serious-injury threshold in (2). That threshold is satisfied if your injury includes, in whole or in part: (a) significant and permanent loss of an important bodily function; (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (c) significant and permanent scarring or disfigurement; or (d) death. Economic damages such as medical bills exceeding PIP and lost wages beyond PIP are recoverable in a lawsuit without needing to clear the threshold. The threshold gates only non-economic recovery.
Note: a 2025 legislative effort (HB 1181 / SB 1256) would have repealed Florida's no-fault system and raised bodily-injury minimums to $25,000/$50,000 by July 1, 2026. That bill died in committee. As of June 2026, Florida remains a no-fault state and PIP is still required.
How fault is shared: Florida's negligence rule
Florida uses modified comparative negligence with a 51% bar under (6), which was enacted as part of HB 837 in 2023 and replaced the prior pure comparative negligence rule for claims accruing after March 24, 2023. Under the modified system, you may recover damages from the at-fault driver even if you were partly responsible, as long as your share of fault does not exceed 50%. Your damages are reduced proportionally by your percentage of fault. If you are found 51% or more at fault, you are barred from recovering anything from the other driver.
For example, if you suffered $100,000 in damages but were 30% at fault for the crash, your recovery from the other driver would be reduced to $70,000. If you were found 60% at fault, you would receive nothing. This is a significant change from the prior pure comparative negligence standard, under which plaintiffs could recover even if they were 99% at fault, just with a corresponding reduction. Florida's shift to modified comparative negligence in 2023 makes establishing the other driver's majority fault more important than it was before.
Minimum car insurance in Florida
Florida's mandatory registration minimums are lower than most states and structured differently. To register a vehicle in Florida, you must carry $10,000 in Personal Injury Protection (PIP) and $10,000 in property-damage liability (PDL), under and 627.7407. Notably, Florida does NOT require ordinary private-passenger drivers to carry bodily-injury (BI) liability coverage as a condition of registering a vehicle. BI liability coverage of $10,000/$20,000 per person/per accident ((7)) is required only after a qualifying event such as an at-fault crash that caused injury, a DUI conviction, or certain serious traffic convictions.
This gap matters if you are hit by a driver who has only the registration-required minimums: they may have no BI coverage to pay your medical bills above PIP, especially for serious injuries. This is why Uninsured/Underinsured Motorist (UM/UIM) coverage is valuable in Florida. Under , every policy that includes BI liability must offer UM/UIM coverage at limits equal to the BI limits. The insured can accept, reduce, or reject UM/UIM coverage in writing. If you have UM/UIM and the at-fault driver has no or insufficient BI coverage, your own UM/UIM policy can cover the gap. Note that UM/UIM recovery for pain and suffering is subject to the same verbal-threshold requirement under 627.737(2).
An important nuance applies to the $10,000 PIP benefit itself. Under 627.736(1)(a)(4), the full $10,000 is available only if a licensed medical provider diagnoses an Emergency Medical Condition (EMC). If no EMC is diagnosed, non-emergency medical benefits are capped at $2,500. This means seeking prompt medical attention and getting a proper diagnosis documented is important not only medically but financially.
How long you have to file: the statute of limitations
Florida has a 2-year statute of limitations for personal-injury claims arising from car accidents, under (5)(a). This limit was reduced from 4 years to 2 years by HB 837 (2023, ch. 2023-15), effective for causes of action accruing after March 24, 2023. If your crash happened after that date, you have two years from the date of injury to file a lawsuit in Florida civil court. Claims that accrued on or before March 24, 2023 still have the prior 4-year window. Wrongful-death claims carry their own 2-year limitations period under (5)(e).
The 2-year window is shorter than most people expect and shorter than what most Florida residents experienced before the 2023 reform. Missing this deadline generally means the court will dismiss your case, leaving you with no recovery no matter how clear the other driver's fault. A few circumstances can extend or pause (toll) the deadline, such as the defendant being absent from Florida for a period, but these exceptions are narrow and contested.
If your crash involved a government vehicle or occurred on government property, Florida's sovereign immunity rules require a pre-suit notice of claim under , typically within 3 years of the incident. This notice deadline runs separately from and may be shorter than the litigation deadline, so claims involving government defendants need immediate attention.
For more on Florida's limitation rules for car accident and other injury claims, see our Florida statute of limitations page.
What a Florida car accident claim is worth
The value of a Florida car accident claim depends on the type and severity of your injuries, whether they clear the verbal threshold, how fault is allocated, and what insurance is available. Economic damages cover actual losses: medical expenses (including amounts above PIP), future medical care, lost earnings, future lost earning capacity, and out-of-pocket costs. You can recover economic damages in a lawsuit even without meeting the verbal threshold.
Non-economic damages, including pain, suffering, mental anguish, inconvenience, and loss of enjoyment of life, are available only if your injuries meet the serious permanent-injury verbal threshold under 627.737(2). These damages can be significant in threshold-clearing cases and are uncapped under Florida law for typical car accident claims (there are statutory caps only in medical-malpractice cases).
Once damages are established, Florida's modified comparative negligence rule (Fla. Stat. 768.81) reduces your recovery by your share of fault. If you are more than 50% at fault, recovery is barred. Insurance limits also cap what you can realistically collect, which is why UM/UIM coverage matters when the at-fault driver is underinsured or has only PDL and no BI coverage.
Use our Florida car accident settlement calculator to model how PIP, the verbal threshold, comparative fault, and insurance limits interact in your case.
What to do after a car accident in Florida
Taking the right steps immediately after a Florida crash protects both your health and your legal rights.
Stop, secure the scene, and call 911. Florida law requires you to stop at the scene of any crash involving injury, death, or property damage, and to report crashes involving injury, death, or damage of $500 or more to law enforcement (). An official police report creates a record of the basic facts.
Seek medical care promptly, even if you feel fine. For PIP purposes, you have 14 days from the crash to seek initial treatment or your PIP benefits are forfeited under Fla. Stat. 627.736(1)(a). Beyond the PIP deadline, prompt medical evaluation documents your injuries and begins the evidentiary record needed to prove the verbal threshold if your injuries qualify.
Document everything. Photograph the vehicles, road conditions, injuries, and insurance information from all drivers. Get contact information from witnesses. Preserve dashcam footage and ask businesses nearby for surveillance video before it is erased.
Notify your own insurer promptly. Your PIP claim runs through your own policy. Cooperate with your insurer's reasonable requests, but be aware that recorded statements can be used later and should be made carefully.
Do not give a recorded statement to the other driver's insurer before consulting an attorney. Adjusters for opposing carriers are trained to elicit statements that reduce or deny claims. Florida car accident law is detailed, and the verbal threshold, comparative fault rules, and 2-year SOL all require careful navigation. An attorney consultation before accepting or settling a claim is strongly advisable for any injury that may cross the threshold or involve disputed fault.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Florida.
Related pages:
- Florida Car Accident Settlement Calculator
- Florida Hit-and-Run Laws
- Car Accident Laws by State: Hub
- Florida Statute of Limitations
More Florida Laws
Frequently Asked Questions
Is Florida a no-fault state?
Yes. Florida is a no-fault (PIP) state under the Florida Motor Vehicle No-Fault Law (Fla. Stat. 627.730 to 627.7405). Your own Personal Injury Protection insurance pays your medical bills and lost wages first, up to $10,000, regardless of who caused the crash. You can still sue the at-fault driver for economic damages beyond PIP and, if your injuries meet the verbal serious-injury threshold, for pain and suffering as well.
Is Florida an at-fault state?
No. Florida is a no-fault state. Unlike at-fault (tort) states, where you claim directly against the at-fault driver's insurer first, Florida requires your own PIP to pay first. However, Florida's no-fault system does not eliminate liability altogether: if your injuries meet the verbal threshold (permanent injury, significant permanent loss of a bodily function, significant scarring/disfigurement, or death), you can bring a tort lawsuit against the at-fault driver.
What is the statute of limitations for a car accident in Florida?
For crashes occurring after March 24, 2023, you have 2 years from the date of injury to file a personal-injury lawsuit (Fla. Stat. 95.11(5)(a), as amended by HB 837/2023). For crashes on or before that date, the prior 4-year window applies. Wrongful-death claims have a separate 2-year period under 95.11(5)(e). Missing the deadline generally bars your claim permanently.
Can I still recover if I was partly at fault in Florida?
Yes, as long as you were not more than 50% at fault. Florida uses modified comparative negligence with a 51% bar (Fla. Stat. 768.81(6)). If your share of fault is 50% or less, you can recover damages reduced by your percentage of fault. If you are found 51% or more at fault, you are barred from recovering anything. This rule applies to claims accruing after March 24, 2023.
What are the minimum car insurance requirements in Florida?
To register a vehicle in Florida, you must carry $10,000 Personal Injury Protection (PIP) and $10,000 property-damage liability (PDL). Florida does not require bodily-injury (BI) liability coverage upfront for most drivers. BI liability of $10,000/$20,000 (per Fla. Stat. 324.021(7)) is required only after a qualifying at-fault crash, DUI, or serious violation. Uninsured motorist coverage must be offered but can be rejected or reduced in writing.
What is the verbal threshold in Florida?
The verbal threshold (Fla. Stat. 627.737(2)) is the injury severity requirement you must meet to sue an at-fault driver for pain and suffering in Florida. Your injury must include: significant and permanent loss of an important bodily function; permanent injury within a reasonable degree of medical probability (other than scarring/disfigurement); significant and permanent scarring or disfigurement; or death. You can always sue for economic damages beyond PIP without meeting the threshold.
How much is my Florida car accident claim worth?
It depends on your injury severity, whether you meet the verbal threshold, how fault is allocated, and available insurance. Economic damages (medical bills, lost wages, future care) are recoverable in a lawsuit without meeting the threshold. Non-economic damages (pain and suffering) require meeting the threshold. Your recovery is then reduced by your share of comparative fault. Use our Florida car accident settlement calculator to model your specific situation.
Injured in Florida? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Florida personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 316.065Crashes; reports; penalties.In forcecited in 2 of our articles
(1) The driver of a vehicle involved in a crash resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $500 shall immediately by the quickest means of communication give notice of the crash to the local police department, if such crash occurs within a municipality; otherwise, to the office of the county sheriff or the nearest office or station of the Florida Highway Patrol. A violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (2) Every coroner or other official performing like functions, upon learning of the death of a person in his or her jurisdiction as the result of a traffic crash, shall immediately notify the nearest office or station of the department.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 1 court opinionsMost recently applied by a court: 1981
Leading cases:
- State v. Ferguson (District Court of Appeal of Florida 1981, 405 So. 2d 294)“…is constitutionally required for other criminal suspects. Section 316.065, Florida Statutes, (1979) provides that the drivers of al…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Hit and Run Laws: Penalties and What to Do
§ 324.021Definitions; minimum insurance required.In force
The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:(1) MOTOR VEHICLE.—Every self-propelled vehicle that is designed and required to be licensed for use upon a highway, including trailers and semitrailers designed for use with such vehicles, except traction engines, road rollers, farm tractors, power shovels, and well drillers, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, but not including any personal delivery device or mobile carrier as defined in s. 316.003, bicycle, electric bicycle, or moped. However, the term “motor vehicle” does not include a motor vehicle as defined in s. 627.732(3) when the owner of such vehicle has complied with the requirements of ss. 627.730-627.7405, inclusive, unless the provisions of s. 324.051 apply; and, in such case, the applicable proof of insurance provisions of s. 320.02 apply. (2) DEPARTMENT.—The Department of Highway Safety and Motor Vehicles.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 23 court opinionsMost recently applied by a court: 2025
Leading cases:
- Berges v. Infinity Ins. Co. (Supreme Court of Florida 2004, 29 Fla. L. Weekly Supp. 679)“…meet the statutory financial responsibility requirements of section 324.021, Florida Statutes (2003). It is inescapable that the deci…”
- Enterprise Leasing Co. South Central, Inc. v. Hughes (District Court of Appeal of Florida 2002, 833 So. 2d 832)“…e single subject rule. In addition, appellant contends that section 324.021, Florida Statutes (2000), which limits the liability of s…”
- General Motors Acceptance Corp. v. Davis (District Court of Appeal of Florida 1995, 664 So. 2d 1025)“…vehicle and asserted in its Third Defense that, pursuant to section 324.021, Florida Statutes, it was immune from liability. Sectio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 627.727Motor vehicle insurance; uninsured and underinsured vehicle coverage; insolvent insurer protection.In force
(1) No motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any specifically insured or identified motor vehicle registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting therefrom. However, the coverage required under this section is not applicable when, or to the extent that, an insured named in the policy makes a written rejection of the coverage on behalf of all insureds under the policy.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 223 court opinionsMost recently applied by a court: 2025
Leading cases:
- Ellsworth v. Ins. Co. of North America (District Court of Appeal of Florida 1987, 12 Fla. L. Weekly 1115)“…support of its contention, INA argued the 1984 amendment to section 627.727, Florida Statutes, served to clarify the 1981 statute and…”
- Williams v. Hartford Acc. & Indem. Co. (Supreme Court of Florida 1980, 382 So. 2d 1216)“…nce. The petitioners' policy with Hartford is governed by section 627.727, Florida Statutes (1971). The portions of the two subsect…”
- Jernigan v. Progressive American Ins. Co. (District Court of Appeal of Florida 1987, 12 Fla. L. Weekly 454)“…rary to the public policy established by the legislature in section 627.727, Florida Statutes (1985). We begin with the premise tha…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 627.730Florida Motor Vehicle No-Fault Law.In force
Sections 627.730-627.7405 may be cited and known as the “Florida Motor Vehicle No-Fault Law.”
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 21 court opinionsMost recently applied by a court: 2025
Leading cases:
- Allstate Ins. Co. v. Holy Cross Hosp., Inc. (Supreme Court of Florida 2007, 32 Fla. L. Weekly Supp. 453)“…rest) on the Winik and Weisner claims, respectively. [4] Section 627.730, Florida Statutes (2006), states that "[s]ections 627.730…”
- Laberge v. Vancleave (District Court of Appeal of Florida 1988, 534 So. 2d 1176)“…ermanent injury pursuant to the "threshold" requirements of section 627.730, Florida Statutes (1985). Based on conflicting testimon…”
- Faulkner v. Allstate Insurance Co. (District Court of Appeal of Florida 1976, 333 So. 2d 488)“…refore have no cause of action against these [appellees]." Fla. Stat. § 627.730-741 , effective January 1, 1972. The…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 627.736Required personal injury protection benefits; exclusions; priority; claims.In forcecited in 3 of our articles
(1) REQUIRED BENEFITS.—An insurance policy complying with the security requirements of s. 627.733 must provide personal injury protection to the named insured, relatives residing in the same household unless excluded under s. 627.747, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows:(a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident. The medical benefits provide reimbursement only for:1.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 189 court opinionsMost recently applied by a court: 2026
Leading cases:
- Nunez v. Geico General Insurance (Supreme Court of Florida 2013, 38 Fla. L. Weekly Supp. 440)“…t. We answer the certified question in the negative as to section 627.736, Florida Statutes (2008), and confirm our statement in C…”
- Williams v. Gateway Insurance Company (Supreme Court of Florida 1976, 331 So. 2d 301)“…for personal injury protection benefits paid, pursuant to Fla. Stat. § 627.736 (3)(b). The circuit court later entered…”
- Mercury Insurance Co. v. Emergency Physicians of Central (District Court of Appeal of Florida 2015, 182 So. 3d 661)“…tion for payment to emergency physicians (emphasis added). Fla. Stat. § 627.736 (4)(c). This amount must be used to pay…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Dashcam Laws: Rules for Dashboard Cameras (2026), Motorcycle Accident Laws in Florida (2026): Deadlines & Helmets
§ 627.737Tort exemption; limitation on right to damages; punitive damages.In forcecited in 2 of our articles
(1) Every owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, and every person or organization legally responsible for her or his acts or omissions, is hereby exempted from tort liability for damages because of bodily injury, sickness, or disease arising out of the ownership, operation, maintenance, or use of such motor vehicle in this state to the extent that the benefits described in s. 627.736(1) are payable for such injury, or would be payable but for any exclusion authorized by ss. 627.730-627.7405, under any insurance policy or other method of security complying with the requirements of s. 627.733, or by an owner personally liable under s. 627.733 for the payment of such benefits, unless a person is entitled to maintain an action for pain, suffering, mental anguish, and inconvenience for such injury under the provisions of subsection (2). (2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 62 court opinionsMost recently applied by a court: 2025
Leading cases:
- Lasky v. State Farm Insurance Company (Supreme Court of Florida 1974, 296 So. 2d 9)“…ainst an attack under the equal protection clause. Under Fla. Stat. § 627.737 , F.S.A., entitled "Tort Exemption," th…”
- Valdes v. Ruas (District Court of Appeal of Florida 1978, 354 So. 2d 1269)“…f $1000, and (2) the injuries were permanent in nature. See Section 627.737, Florida Statutes (1975). Appellees filed a motion, as am…”
- Tucker v. Walker (District Court of Appeal of Florida 1976, 335 So. 2d 636)“…or medical expenses in excess of $1,000, as required under Fla. Stat. § 627.737 . We disagree and affirm. Once a fina…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Florida (2026): Deadlines & Liability
§ 768.28Waiver of sovereign immunity in tort actions; recovery limits; civil liability for damages caused during a riot; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.In forcecited in 2 of our articles
(1) In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act. Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee’s office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act. Any such action may be brought in the county where the property in litigation is located or, if the affected agency or subdivision has an office in such county for the transaction of its customary business, where the cause of action accrued.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 689 court opinionsMost recently applied by a court: 2026
Leading cases:
- Commercial Carrier Corp. v. Indian River Cty. (Supreme Court of Florida 1979, 371 So. 2d 1010)“…pter 73-313, as amended by chapter 74-235, Laws of Florida, section 768.28, Florida Statutes (1975). [1] The issue reaches us by wr…”
- Trianon Park Condominium v. City of Hialeah (Supreme Court of Florida 1985, 10 Fla. L. Weekly 210)“…ict court certified the following question: Whether under section 768.28, Florida Statutes (1975), as construed in Commercial Car…”
- Carlile v. GAME AND FRESH WATER FISH COM'N (Supreme Court of Florida 1977, 354 So. 2d 362)“…this privilege by enactment of Chapter 73-313 (codified as Section 768.28, Florida Statutes (1975)), the general waiver of tort imm…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Slip and Fall Laws: Proving Premises Liability in the Sunshine State
§ 768.81Comparative fault.In forcecited in 7 of our articles
(1) DEFINITIONS.—As used in this section, the term:(a) “Accident” means the events and actions that relate to the incident as well as those events and actions that relate to the alleged defect or injuries, including enhanced injuries. (b) “Economic damages” means past lost income and future lost income reduced to present value; medical and funeral expenses; lost support and services; replacement value of lost personal property; loss of appraised fair market value of real property; costs of construction repairs, including labor, overhead, and profit; and any other economic loss that would not have occurred but for the injury giving rise to the cause of action. (c) “Negligence action” means, without limitation, a civil action for damages based upon a theory of negligence, strict liability, products liability, professional malpractice whether couched in terms of contract or tort, or breach of warranty and like theories. The substance of an action, not conclusory terms used by a party, determines whether an action is a negligence action.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 153 court opinionsMost recently applied by a court: 2025
In the courts (editorial summary, independently checked):American Home Assur. v. NAT. RR CORP. (2005) held a vicariously liable party has the active tortfeasor's negligence apportioned to it under section 768.81, reducing its recovery. Wal-Mart Stores v. McDonald (1996) held the statute does not let a negligent defendant shift fault to the intentional actor it had a duty to guard against.
Leading cases:
- D'ANGELO v. Fitzmaurice (Supreme Court of Florida 2003, 863 So. 2d 311)✓A pad was left in a patient during an appendectomy; the hospital settled and the surgeon kept it off the verdict form. The court held Section 768.81 applies even with one defendant listed, so he got an economic damages setoff but none for noneconomic damages.
- American Home Assur. v. NAT. RR CORP. (Supreme Court of Florida 2005, 908 So. 2d 459)✓An Amtrak train hit a rig hauling an 82 ton turbine at a crossing; answering a certified question, the court held Section 768.81 cuts a vicariously liable claimant's own recovery by the active tortfeasor's share, since chargeable fault is not limited to direct negligence.
- Wal-Mart Stores v. McDonald (District Court of Appeal of Florida 1996, 676 So. 2d 12)✓McDonald was shot by an unknown assailant in a shopping center parking lot and sued the store and landlord for negligent security; the court held Section 768.81 does not reach intentional criminal conduct, so the assailant was properly kept off the verdict form.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in Florida (2026): Deadlines & Caps, Florida Statute of Limitations: Filing Deadlines by Case Type, Florida Wrongful Death Laws (2026): Deadlines & Who Can Sue
§ 95.11Limitations other than for the recovery of real property.In forcecited in 12 of our articles
Actions other than for recovery of real property shall be commenced as follows:(1) WITHIN TWENTY YEARS.—An action on a judgment or decree of a court of record in this state. (2) WITHIN FIVE YEARS.—(a) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. (b) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of paragraph (6)(e), s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and except for an action for a deficiency judgment governed by paragraph (6)(g). (c) An action to foreclose a mortgage. (d) An action alleging a willful violation of s. 448.110. (e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss. (3) WITHIN FOUR YEARS.—(a) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 698 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Merkle v. Robinson (1999) held that the significant relationship test governs conflict of law questions about section 95.11, so a claim time-barred in Florida may proceed under another state's period. Foley v. Morris (1976) applied a shortened 95.11 period to a pre-existing claim where the plaintiff still had the full new period.
Leading cases:
- Merkle v. Robinson (Supreme Court of Florida 1999, 737 So. 2d 540)✓A West Virginia patient sued a doctor's estate in Florida, where he had retired; her claim was untimely under Florida law but not West Virginia's. The court held the significant relationship test governs conflicts involving section 95.11, so West Virginia's period applied.
- Foley v. Morris (District Court of Appeal of Florida 1976, 325 So. 2d 37)✓A surgeon left a rubber drain in a patient in 1971; suit came in 1974, after Florida replaced the four-year period with the two-year medical malpractice period in section 95.11(6). The court applied the new period from its effective date and affirmed dismissal.
- State ex rel. Gerstein v. Hialeah Race Course, Inc. (Supreme Court of Florida 1971, 245 So. 2d 53)✓A state attorney sued racetrack operators over political contributions. Holding the campaign statute's four-year period unconstitutional as applied, the court ruled the general one-year limit in section 95.11(7)(a) governed, so the late complaint was properly dismissed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Dog Bite Laws: Liability and Victim Rights, Florida Defamation Laws: Libel, Slander & Suing (2026), Florida Medical Records Retention Laws (2026 Guide)
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Sources and References
- Florida Motor Vehicle No-Fault Law, Fla. Stat. 627.730-627.7405 (PIP)(leg.state.fl.us).gov
- Fla. Stat. 627.737(2) (verbal serious-injury threshold)(leg.state.fl.us).gov
- Fla. Stat. 627.727 (UM/UIM coverage offer requirement)(leg.state.fl.us).gov
- Fla. Stat. 324.021(7) (financial responsibility/BI limits 10/20)(leg.state.fl.us).gov
- Fla. Stat. 768.81(6) (modified-51 comparative negligence, HB 837/2023)(leg.state.fl.us).gov
- Fla. Stat. 95.11(5)(a) (2-year PI statute of limitations, HB 837/2023)(leg.state.fl.us).gov