Tampa car accidents: deadlines, PIP and claims in Hillsborough County

Deadlines and fault rules in Tampa#

Tampa has no crash deadlines of its own. Under Fla. Stat. § 95.11(5)(a), the statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for an action founded on negligence is 2 years, and a wrongful death suit must be filed within 2 years from the date of death. Florida cut its negligence deadline in 2023, so the Florida guide is worth checking for an older crash.

Fault is shared under modified comparative faultModified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary (Fla. Stat. § 768.81(6)). A jury reduces your damages by your share of fault, and if that share reaches 51%, you recover nothing. The more-than-50%-at-fault bar applies to cases filed after March 24, 2023, and does not apply to medical-negligence claims.

No-fault insurance and the 14-day rule

Florida is a no-fault state. Every Florida policy must include $10,000 of PIP, which pays 80% of reasonable medical bills no matter who caused the crash. PIP covers medical care only if you receive initial care within 14 days of the crash, and medical benefits drop to $2,500 if a provider finds no emergency medical condition.

To claim pain and suffering from the other driver, the injury must meet the threshold in Fla. Stat. § 627.737, such as a permanent injury, significant and permanent scarring, or death. The guide to who pays medical bills explains what happens when PIP runs out.

Getting a crash report in Tampa#

Crash reports in Tampa may come from the Tampa Police Department, another local agency or the Florida Highway Patrol, but they all end up with FLHSMV, the state's official crash record keeper.

1. Wait for the report. An officer who writes a long-form crash reportCrash report. The official report an officer writes after investigating a crash, with the drivers, vehicles, witnesses and the officer's notes. Glossary must submit it within 10 days after finishing the investigation. FLHSMV says reports may take up to 10 days to become available.
2. Order it online. Use the Florida Crash Portal: $10 per report plus a $2 convenience fee per order. The download link is emailed to you.
3. Expect a privacy check. For the first 60 days after filing, a report showing personal details is released only to the people involved, their lawyers and insurers, and certain agencies. Mail and in-person requesters sign a sworn statement that they will not use it to solicit crash victims.

The police report guide covers how to check a report for mistakes.

Claims against the city or county#

If a City of Tampa vehicle, a Hillsborough County road crew or a state agency such as the Florida Department of Transportation was involved, Fla. Stat. § 768.28 applies. It waives sovereign immunitySovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary only on these terms:

The longer lawsuit deadline against a government body does not mean the claim can wait: the notice and the waiting period both have to fit inside it.

Crashes in Hillsborough County#

FLHSMV's 2024 Traffic Crash Facts report counted 26,269 crashes in Hillsborough County, with 17,359 people injured and 180 killed. Deaths fell from 230 in 2023. FLHSMV notes its totals can change as late reports come in.

Where a lawsuit is filed#

Under Fla. Stat. § 47.011, a lawsuit may be filed where the defendant lives or where the claim arose, so a crash in Tampa can be heard in Hillsborough County even if the other driver lives in Pinellas or Pasco.

• Hillsborough County Court hears civil cases up to $50,000. The Hillsborough Clerk's guide puts the small claims line at $8,000.
• Circuit Court of the Thirteenth Judicial Circuit hears larger claims.

Finding a lawyer in Tampa#

The Hillsborough County Bar Association runs a Lawyer Referral & Information Service at (813) 221-7780. Panel lawyers give a consultation of 30 minutes for $35, but the fee is waived for certain types of cases, including personal injury. The bar says its panel lawyers are screened, carry malpractice insurance and are in good standing with The Florida Bar. You can check any lawyer in The Florida Bar's member directory.