# Orlando car accidents: deadlines, PIP and claims in Orange County

> After an Orlando car accident: Florida's 2-year deadline and 51% fault bar, PIP's 14-day rule, crash reports, government claims and Orange County courts.

Canonical page: https://accidentclaimfacts.com/location/orlando/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

An Orlando crash is governed by Florida law: you generally have 2 years to file a negligence lawsuit, and you recover nothing if you are found more than 50% at fault. Your own personal injury protection pays medical bills first, but only if you get initial care within 14 days. Orange County had 19,495 people injured in crashes in 2024, the third most of any Florida county.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Negligence lawsuit deadline | 2 years | Fla. Stat. § 95.11(5)(a) |
| Wrongful death deadline | 2 years | Fla. Stat. § 95.11(5)(e) |
| Fault rule | No recovery at 51% or more | Fla. Stat. § 768.81(6) |
| Required PIP | $10,000 | Pays 80% of medical bills |
| Notice to a government body | Within 3 years | Fla. Stat. § 768.28(6) |
| Crashes in Orange County, 2024 | 25,415 | 153 deaths |
| Small claims limit | $8,000 | Orange County Court |
| Orange County Bar referrals | 407-422-4537 | |

## Deadlines and fault rules in Orlando

Orlando follows Florida's deadlines. The statute of limitations for an action founded on negligence is 2 years (Fla. Stat. § 95.11(5)(a)), and a wrongful death lawsuit must be filed within 2 years from the date of death. Because Florida shortened the negligence deadline in 2023, an older crash may follow different rules; see the [Florida guide](https://accidentclaimfacts.com/location/florida/).

Florida's modified comparative fault rule (Fla. Stat. § 768.81(6)) reduces your damages by your share of fault and bars recovery at 51% or more. The more-than-50%-at-fault bar applies to cases filed after March 24, 2023, and does not apply to medical-negligence claims. The [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=fl&fault=51#fault) shows the cut-off.

> **Example:** A tourist in a rental car runs a red light on International Drive and hits you, but you were looking at your phone. If you are found 25% at fault, you recover 75% of your proven damages.

### PIP and the threshold for pain and suffering

Florida is a no-fault state, so every policy carries $10,000 of PIP that pays whoever caused the crash. Two limits catch people out:

- **The 14-day window.** PIP covers medical care only if you receive initial care within 14 days of the crash.
- **The emergency condition rule.** If a provider finds no emergency medical condition, PIP medical benefits stop at $2,500.

A claim against the other driver for pain and suffering is possible only if the injury meets Fla. Stat. § 627.737: significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death. The guide to [who pays medical bills](https://accidentclaimfacts.com/money/who-pays-medical-bills/) explains how health insurance fits in.

## Getting a crash report in Orlando

Orlando crashes may be worked by the Orlando Police Department, the Orange County Sheriff's Office or the Florida Highway Patrol. In every case, an officer who writes a long-form crash report must send it to FLHSMV within 10 days after finishing the investigation. A long form is required when someone is hurt or killed, a car is towed, a driver fled or was impaired, or a commercial vehicle was involved.

FLHSMV says reports may take up to 10 days to become available. You can then buy one through the [Florida Crash Portal](https://services.flhsmv.gov/CrashReportPurchasing/) for $10, plus a $2 convenience fee per order.

> **Note:** For 60 days after a report is filed, it is released only to the people involved, their lawyers and insurers, and certain agencies (Fla. Stat. § 316.066). That rule is meant to stop solicitation of crash victims, so in-person and mail requests need ID and a sworn statement.

## Claims against the city or county

A crash with a City of Orlando vehicle, an Orange County vehicle or a state agency such as the Florida Department of Transportation falls under Fla. Stat. § 768.28, Florida's limited waiver of sovereign immunity:

1. **Notice.** Present the claim in writing to the agency within 3 years. Claims against a state agency must also go to the Department of Financial Services; claims against a city or county need not.
2. **Wait.** A lawsuit can generally start only after a written denial, or after 6 months without a final decision.
3. **Sue in time.** The deadline is 4 years for negligence claims and 2 years for wrongful death.
4. **Know the caps.** Payments are generally limited to $200,000 per person and $300,000 per incident; more usually needs a claims bill from the Legislature.

## Crashes in Orange County

FLHSMV's 2024 Traffic Crash Facts report counted 25,415 crashes in Orange County, with 19,495 people injured and 153 killed, down from 172 deaths in 2023. Only Miami-Dade and Broward counties had more people injured.

## Where a lawsuit is filed

Florida lets a lawsuit be filed where the defendant lives or where the claim arose (Fla. Stat. § 47.011), so a crash in Orlando can be heard in Orange County even if the other driver lives in another county or state.

- **Orange County Court** hears civil cases up to $50,000. The Orange County Clerk handles small claims of $8,000 or less, not counting costs, interest and attorney fees.
- **The Ninth Judicial Circuit Court**, which serves Orange and Osceola counties, hears larger claims.

## Finding a lawyer in Orlando

The Florida Bar lists the Orange County Bar Association's Lawyer Referral Service, at 407-422-4537, as the local service for Orange and Brevard counties. Ask about any consultation fee when you call. Before you sign with a lawyer, check their status in The Florida Bar's [member directory](https://www.floridabar.org/directories/find-mbr/); our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains how they work.

## FAQ

### How long do I have to sue after a car accident in Orlando?

Generally 2 years for a negligence claim and 2 years for wrongful death, under Florida law. Claims against a government body need written notice within 3 years.

### Does PIP pay if I wait to see a doctor after an Orlando crash?

PIP pays medical benefits only if you receive initial care within 14 days after the crash. Care that starts later is not covered by PIP.

### How do I get an Orlando crash report?

Buy it from FLHSMV's Florida Crash Portal for $10 plus a $2 order fee, whichever agency wrote it. During the first 60 days, only the people involved, their lawyers, insurers and certain agencies can get it.

### Which court handles car accident cases in Orlando?

Orange County Court hears civil cases up to $50,000, including small claims of $8,000 or less. Larger cases go to the Ninth Judicial Circuit Court.

### Is there a lawyer referral service in Orlando?

Yes. The Orange County Bar Association runs a Lawyer Referral Service for Orange and Brevard counties at 407-422-4537.

## Sources

- [Florida Legislature, Florida Statutes § 627.737](https://www.flsenate.gov/Laws/Statutes/2026/627.737) — tort threshold for pain and suffering
- [Florida Legislature, Florida Statutes § 47.011](https://www.flsenate.gov/Laws/Statutes/2026/47.011) — where actions may be filed
- [Ninth Judicial Circuit Court of Florida](https://www.ninthcircuit.org/) — Orange and Osceola counties
- [Florida Legislature, Florida Statutes § 95.11(5)(a)](https://www.flsenate.gov/Laws/Statutes/2026/95.11), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 627.736(1)(a)](https://www.flsenate.gov/Laws/Statutes/2026/627.736), checked October 29, 2026
- [Florida Department of Highway Safety and Motor Vehicles, Florida Traffic Crash Facts Annual Report 2024 (Traffic Crash and Injury History by County)](https://www.flhsmv.gov/pdf/crashreports/2024-Crash-Report.pdf), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 768.81(6)](https://www.flsenate.gov/Laws/Statutes/2026/768.81), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 768.28](https://www.flsenate.gov/Laws/Statutes/2026/768.28), checked October 29, 2026
- [Orange County Clerk of Courts, Small Claims](https://www.myorangeclerk.com/Divisions/Civil/Small-Claims), checked October 29, 2026
- [The Florida Bar, Lawyer Referral Service coverage areas](https://www.floridabar.org/public/lrs/coverage-areas/), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 95.031(1)](https://www.flsenate.gov/Laws/Statutes/2026/95.031), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 316.066](https://www.flsenate.gov/Laws/Statutes/2026/316.066), checked October 29, 2026
- [Florida Department of Highway Safety and Motor Vehicles, Traffic Crash Reports](https://www.flhsmv.gov/traffic-crash-reports/), checked October 29, 2026
- [Florida Legislature, Florida Statutes § 34.01(1)(c)](https://www.flsenate.gov/Laws/Statutes/2026/34.01), checked October 29, 2026
- [Florida Department of Highway Safety and Motor Vehicles, Florida Insurance Requirements](https://www.flhsmv.gov/insurance/), checked April 21, 2021
