Florida Tort Reform (HB 837): What Changed for Drivers After a Crash
Two years. That's how long you now have to file a negligence lawsuit after most Florida car crashes, down from four. The change came from HB 837, the 2023 tort reform law (chapter 2023-15, Laws of Florida), which the Governor signed on March 24, 2023 and which took effect the same day. The two-year rule is in s. 95.11(5)(a) of the 2026 Florida Statutes, and it applies to claims that arose after March 24, 2023.
The deadline is the change most likely to cost an injured driver everything, because a lawsuit filed after the deadline can lose the claim entirely. But HB 837 rewrote four other rules too: who can recover when both drivers share the blame, what a jury hears about medical bills, when an insurer can be sued for bad faith, and who pays the lawyers. Three and a half years later, all of it is still on the books.
This is the driver's version: what changed, which date decides which rule applies to your crash, and what Florida's regulator says has happened to auto rates since.
| Rule (2026 statute) | Before | After |
|---|---|---|
| Deadline to sue for negligence, s. 95.11(5)(a) | 4 years | 2 years |
| Sharing the blame, s. 768.81(6) | Pure comparative fault: your share of fault reduces your award, never bars it | Modified: more than 50% at fault for your own harm bars recovery |
| Medical bills as evidence, s. 768.0427 | s. 768.0427 didn't exist | Paid bills: amount actually paid. Unpaid bills: set benchmarks plus billed amounts |
| Bad faith on liability claims, s. 624.155(4) | No statutory 90-day safe harbor | No bad-faith action if the insurer tenders the lesser of limits or demand within 90 days of notice with sufficient evidence |
| Attorney fees vs. your insurer, s. 86.121 | One-way fees for an insured who won a judgment against the insurer | Repealed; narrow exception after a total coverage denial |
Source: Chapter 2023-15, Laws of Florida; 2026 Florida Statutes on Online Sunshine (sections linked in the table).
The deadline: two years, not four
Before HB 837, s. 95.11 listed "an action founded on negligence" among the actions with a four-year limit. Section 3 of the 2023 law moved it to the two-year list. A car crash injury claim against the other driver is, in the ordinary case, a negligence claim.
A note on numbering: in the 2023 statutes this rule sat at s. 95.11(4)(a). A 2024 law added a new three-year subsection, which pushed the two-year list down to (5). Older articles cite (4)(a); it's the same rule. You can see the shift by comparing the 2024 edition with the 2026 edition.
Three things the new deadline is not:
- It's not a deadline to report a claim. It's the deadline to file a lawsuit in court. Your policy has its own, much shorter notice requirements, and PIP has its own 14-day medical care rule.
- It's not new for wrongful death. A wrongful death action was already on the two-year list before 2023 and still is, at s. 95.11(5)(e).
- It doesn't cover every kind of claim. Intentional torts and actions founded on a statutory liability are still on the four-year list. Claims under your own policy, such as uninsured motorist or PIP disputes, are contract questions with their own analysis. I'm not going to guess at those here, and you shouldn't either. Ask a Florida attorney.
Why does two years feel short? Because a lot of that time can go by while you're still treating, still negotiating with an adjuster, or waiting to see whether your back gets better. Don't assume settlement talks pause the clock. If a settlement isn't in hand well before the deadline, ask an attorney what it takes to protect the claim.
Which date decides which rule
HB 837 didn't flip every rule on the same trigger. Sections 28, 29 and 30 of the law set three different tests, and mixing them up is how people end up with the wrong answer.
| What changed | New rule applies if |
|---|---|
| 2-year negligence deadline, s. 95.11 (section 28) | The cause of action accrued after March 24, 2023 |
| Rights under an insurance contract (section 29) | The policy was issued or renewed after March 24, 2023; rights under a policy in effect on or before that date aren't impaired |
| Everything else unless the law says otherwise: comparative fault, medical-bill evidence, bad faith, lodestar fees (section 30) | The lawsuit was filed after March 24, 2023 |
Source: Chapter 2023-15, Laws of Florida, ss. 28 to 30.
For a crash today, the first and third tests point the same way: the crash happened after March 24, 2023, and any lawsuit will be filed after it, so the new rules apply. Any auto policy issued or renewed since that date is on the new side of the second test too. The three dates mostly matter for older crashes and older lawsuits, and those are questions for an attorney, not a blog post.
More than 50% at fault means nothing
Florida used to be a pure comparative fault state. If you were 80% to blame for your own injuries, you could still recover the other 20%. HB 837 kept the proportional reduction and added a cutoff. Under s. 768.81(6), a party found "greater than 50 percent at fault for his or her own harm may not recover any damages" in a negligence action. Medical negligence cases under chapter 766 are excluded from the cutoff; car crashes aren't.
Read the words closely: greater than 50 percent. At exactly 50%, you still recover half.
| Your fault | Before 2023 | Now |
|---|---|---|
| 30% | $70,000 | $70,000 |
| 50% | $50,000 | $50,000 |
| 51% | $49,000 | Nothing (barred) |
| 70% | $30,000 | Nothing (barred) |
Source: calculated from s. 768.81(2) and (6), Florida Statutes. Hypothetical figures.
Look at the jump between 50% and 51%. One percentage point moves the recovery in this example from $50,000 to zero. That's why fault evidence matters more than it used to: the crash report, photos of where the cars ended up, dashcam video, the names of witnesses. When fault is close to even, small facts decide whether there's a claim at all. Comparative negligence deserves its own article, and it'll get one. For now, the rule is the cutoff.
What a jury hears about medical bills
Medical bills are often the biggest number in an injury claim, and the billed amount is often far from what anyone actually paid. HB 837 created s. 768.0427 to set what evidence can be offered to prove medical expenses in personal injury and wrongful death cases.
For bills that have been paid, the rule is short: evidence "is limited to evidence of the amount actually paid, regardless of the source of payment." Say a hospital bills $8,000 and accepts less as payment in full: the smaller amount is the evidence.
Unpaid bills are more complicated. The statute lists evidence that "shall include, but is not limited to" benchmarks that depend on your situation:
| Your situation | Evidence includes |
|---|---|
| Bills already paid (any source) | Only the amount actually paid |
| You have health coverage other than Medicare or Medicaid | What that coverage is obligated to pay the provider, plus your share under the policy |
| You have that coverage but treat under a letter of protection or don't submit the bills to it | What the coverage would have paid, plus your share, had you used it |
| No health coverage, or Medicare or Medicaid | 120% of the Medicare rate on the date of treatment; if no Medicare rate exists, 170% of the Medicaid rate |
| The provider sold the letter-of-protection receivable to a third party | What the third party paid or agreed to pay for it |
| Any unpaid bill | Evidence of reasonable amounts billed for medically necessary treatment |
Source: s. 768.0427(2)(a) and (b), Florida Statutes (2026).
That last row matters. You'll see the 120%-of-Medicare figure described online as a hard cap. It isn't one. Reasonable billed amounts for unpaid, medically necessary care are still admissible, and the benchmarks are evidence the jury hears alongside them. Future care works the same way, using the Medicare rate in effect at the time of trial. Total medical damages can't exceed the evidence admitted under those rules, and can't exceed the sum of amounts actually paid, amounts needed to satisfy charges still owed at trial, and amounts needed for reasonable and necessary future care (s. 768.0427(4)).
Letters of protection. A letter of protection (LOP) is any arrangement where a provider treats you in exchange for being paid out of a future judgment or settlement. If you claim medical expenses for LOP treatment, the statute makes disclosure a condition of the claim: a copy of the letter, itemized and coded bills, the name of any factoring company that bought the receivable and what it paid, whether you had health coverage at the time, and whether you were referred for the treatment and by whom. If your attorney made the referral, that referral is admissible notwithstanding s. 90.502, and the financial relationship between the law firm and the provider is relevant to the provider's bias as a witness.
My read for drivers who have health insurance: use it. If you treat under an LOP instead, the coverage benchmark is still what your plan would have paid, and the LOP brings its own disclosure requirements, including who referred you.
Bad faith: the 90-day safe harbor
Under s. 624.155(11), damages in a statutory bad-faith action under this section can include an amount that exceeds the policy limits. That's why bad-faith rules matter to the driver who caused a crash, not just to the insurer.
HB 837 changed the rules in four ways:
- The safe harbor. A bad-faith action on a liability claim, statutory or common law, "shall not lie" if the insurer tenders the lesser of the policy limits or the amount demanded within 90 days after receiving actual notice of a claim accompanied by sufficient evidence to support the amount (s. 624.155(4)(a)). If the insurer doesn't tender within that window, the 90-day period itself is inadmissible as evidence of bad faith, and any applicable statute of limitations is extended by 90 days.
- Negligence isn't enough. "Mere negligence alone is insufficient to constitute bad faith" (s. 624.155(5)(a)).
- Claimants have a duty too. The insured, the claimant and their representatives must act in good faith in furnishing information, making demands, setting deadlines and trying to settle. It isn't a separate cause of action, but a jury can reasonably reduce damages against the insurer if they didn't.
- Several injured people, one policy. When competing claims may exceed the limits, an insurer that files an interpleader or makes the full limits available through agreed binding arbitration within 90 days isn't liable beyond the limits; claimants share pro rata (s. 624.155(6)).
My read on what this means in practice. If you were hurt, a demand that comes with the evidence (records, bills, the crash report) is what starts the 90-day window; a demand without it doesn't. If you caused the crash, your protection above your limits now depends more on the limits themselves. That's an argument for carrying bodily injury limits that match what you own, and for looking at an umbrella policy if your assets are larger than your auto limits.
Who pays the lawyers now
Before 2023, s. 627.428 let a policyholder who won a judgment against their own insurer recover attorney fees from the insurer. People called it the one-way fee statute, because it ran in one direction. Sections 10 and 11 of HB 837 repealed it, along with s. 626.9373, the parallel rule for surplus lines insurers. The 2026 edition of the statutes no longer contains s. 627.428.
What's left:
- Total coverage denial. If an insurer denies coverage for a claim entirely and you win a declaratory judgment on coverage, the court shall award you reasonable attorney fees (s. 86.121). A defense under a reservation of rights isn't a coverage denial, and the right to fees can't be assigned.
- Offers of judgment. The offer-of-judgment statute, s. 768.79, now applies to any civil action involving an insurance contract (s. 624.1552). It can shift fees to either side depending on how the result compares with a settlement offer.
- PIP disputes. HB 837 also removed the reference to s. 627.428 from the PIP statute. For PIP disputes, s. 768.79 applies (with exceptions in the statute), and fees must be calculated without a contingency risk multiplier (s. 627.736(8)).
- Lodestar. In any action where a court sets fees, there's now a strong presumption that a lodestar fee is reasonable, which can be overcome only in a rare and exceptional circumstance with evidence that competent counsel could not otherwise be retained (s. 57.104(2)). Lodestar is the common term for reasonable hours times a reasonable hourly rate; the statute doesn't define it.
My read on the practical effect: a small dispute with your own insurer is harder to bring than it was, because the fee you'd pay your lawyer may not come back from the insurer. Before you sue, use the routes that don't need a lawyer: ask for the decision in writing, and if the claim stalls, file a complaint with the Florida Department of Financial Services Division of Consumer Services, which asks you to contact the insurer first.
What happened to auto rates afterward
Here's what Florida's Office of Insurance Regulation (OIR) reports. OIR tracks the average rate changes of the state's five largest auto insurance groups, which together write about 78% of the Florida auto market. In 2023 those groups averaged +31.7%. In 2024 the increase slowed to +4.3%. For 2025 they requested a total of −7.4%, and as of February 2026 their 2026 year-to-date indicated change was −8.0%.
- Up
- Down
Source: Florida OIR, July 29, 2025 (2023, 2024) and March 5, 2026 (2025, 2026 YTD).
Show the numbers
| Year | Avg. rate change |
|---|---|
| 2023 | +31.7% |
| 2024 | +4.3% |
| 2025 | −7.4% |
| 2026 YTD (Feb.) | −8.0% |
OIR's July 2025 release first put 2025 at −6.5%, indicated as of that July; the −7.4% is the later full-year figure from its March 2026 release. The 2026 number is year-to-date and indicated, not final.
Loss ratios tell a similar story. OIR reports Florida's personal auto liability loss ratio, the share of liability premium paid out in losses, fell from 80.5% in 2022 to 53.3% in 2024, which it called the lowest in the nation, and to 52.5% in 2025, the lowest for Florida in the last 15 years.
Source: Florida OIR, July 29, 2025 (2022 to 2024) and March 5, 2026 (2025).
Show the numbers
| Liability loss ratio | |
|---|---|
| 2022 | 80.5% |
| 2023 | 74.5% |
| 2024 | 53.3% |
| 2025 | 52.5% |
OIR attributes the improvement largely to Florida's "historic legislative reforms" and says the gains show up mostly as reduced litigation. Its July 2025 release also pointed out that the personal auto industry nationally was having its best underwriting results in years, so Florida wasn't the only market where results improved. I'm reporting the regulator's numbers and its explanation, not proving cause and effect. And an average across five groups says nothing certain about your premium, which depends on your car, your driving record, where you live, your coverages and your insurer's own filings. The Florida auto insurance page covers how a policy is put together; renewal is the time to compare what you're paying with what you're covered for.
What to do after a crash
FLHSMV's 2024 crash report counted these:
Source: FLHSMV, Florida Traffic Crash Facts 2024. Injured = incapacitating (14,026) plus other injuries (232,400).
If you're one of them, here's what the 2023 law changes about the to-do list.
- Get medical care within 14 days. HB 837 didn't change this, but it's the first deadline you'll hit: PIP medical benefits depend on initial care within 14 days. The PIP 14-day rule post walks through it.
- Report the crash to your own insurer promptly. Your policy sets the notice requirement, and PIP pays regardless of fault.
- Write down the two-year date. Count two years from the crash and put it on a calendar. Then talk to a Florida attorney well before it, not in the last month. When a claim accrued and which deadline applies are legal questions.
- Save the fault evidence. Photos, video, witness names and the crash report number. With the more-than-50% cutoff, the fault split can decide the whole claim.
- Use your health insurance for treatment. Paid bills are proven by what was actually paid, and treating outside your coverage doesn't change what your plan's benchmark would be.
- Check your own limits before you need them. FLHSMV's registration requirement is PIP and property damage liability; bodily injury liability isn't part of the basic requirement. If the other driver has little or no bodily injury coverage, your uninsured motorist coverage is what pays you. If you cause the crash, your bodily injury limits are what stand between the claim and your own assets. The Florida car insurance requirements post lists what's mandatory and what isn't.
FAQ
What is the statute of limitations for a car accident in Florida?
For a negligence claim arising after March 24, 2023, it is two years under s. 95.11(5)(a), Florida Statutes. Before HB 837 it was four years. It is the deadline to file a lawsuit, not to report a claim to an insurer, so confirm your deadline with a Florida attorney.
When did Florida tort reform take effect?
HB 837 (chapter 2023-15) took effect on March 24, 2023, the day the Governor signed it. The two-year deadline applies to claims that accrued after that date, and most other changes apply to lawsuits filed after it.
Can you recover damages in Florida if you are 50% at fault?
Yes. Under s. 768.81(6), only a party found greater than 50 percent at fault for their own harm is barred from recovering. At exactly 50%, your damages are reduced by half.
Did Florida tort reform cap medical bills at 120% of Medicare?
No. For people with no health coverage or with Medicare or Medicaid, 120% of the Medicare rate is one benchmark the jury may hear for unpaid bills, but evidence of reasonable billed amounts for medically necessary care is still admissible. Paid bills are proven by the amount actually paid.
This is general education about Florida law, not legal advice. Your own policy wording and Florida law control how any claim is handled. Confirm your situation with a licensed agent, the Florida Office of Insurance Regulation or Department of Financial Services, and, for deadlines or any legal question, a Florida attorney.
Sources
- Chapter 2023-15, Laws of Florida (CS/CS/HB 837, 2023), civil remedies
- Florida Senate: HB 837 (2023) bill history
- Florida Statutes s. 95.11, limitations other than real property (2026)
- Florida Statutes s. 95.11 (2024 edition), renumbering of the two-year list
- Florida Statutes s. 768.81, comparative fault (2026)
- Florida Statutes s. 768.0427, medical expense evidence and letters of protection (2026)
- Florida Statutes s. 624.155, civil remedy and bad faith (2026)
- Florida Statutes s. 624.1552, offer of judgment in insurance actions (2026)
- Florida Statutes s. 57.104, lodestar presumption (2026)
- Florida Statutes s. 86.121, fees after total coverage denial (2026)
- Florida Statutes s. 627.736, PIP benefits and fees (2026)
- Online Sunshine: s. 627.428 no longer in the 2026 Florida Statutes
- Florida OIR: lower auto insurance rates release (July 29, 2025)
- Florida OIR: auto rate decreases for top five groups (March 5, 2026)
- FLHSMV: Florida Traffic Crash Facts Annual Report 2024
- FLHSMV: Florida insurance requirements
- Florida DFS Division of Consumer Services: Get Insurance Help
This article is for general educational purposes only and is not legal, tax or insurance advice. Coverage depends on the actual policy, its terms, conditions and exclusions, and state law. Maru Insurance · WA License (WAOIC) #1365574 · FL License #G363233 · NPN 22261820.