Legally reviewed by Dean Levy, Florida personal injury attorney (Florida Bar No. 1012164). Last updated September 16, 2026.
Yes, you can sue the government for a car accident in Florida, but only under Florida Statutes § 768.28, which waives sovereign immunity on strict conditions: written notice to the agency and the Department of Financial Services, a waiting period before suit, and damages capped at $200,000 per person and $300,000 per incident unless the Legislature passes a claim bill.
Key takeaways
- Florida waives sovereign immunity for negligent government drivers, with strict limits.
- Written notice to the agency must come before any lawsuit is filed.
- Damages are capped at $200,000 per person and $300,000 per incident.
- Punitive damages are not available against Florida government entities.
- Counties, cities, sheriffs, school boards, and transit agencies all fall under these rules.
Can you sue the government for a car accident in Florida?
Yes, within the limits of Florida Statutes § 768.28. The statute waives sovereign immunity for injury or death caused by the negligent act of a government employee acting within the scope of employment, to the same extent a private person would be liable for the same conduct.
Sovereign immunity is the doctrine that a government cannot be sued without its consent; § 768.28 is Florida’s consent, and it comes with conditions. The waiver covers the state, counties, municipalities, sheriffs, school boards, and agencies such as county transit systems, so a crash with a Broward County Transit bus, a city utility truck, a Broward Sheriff’s Office patrol car, or a school bus runs through the same statute.
The employee is generally off the hook personally. Under the statute, individual government employees are immune from personal liability for negligence within the scope of their job unless they acted in bad faith, with malicious purpose, or with wanton disregard for safety, so the claim runs against the agency.
What notice must you give before suing a Florida agency?
Written notice of the claim to the agency, and for most defendants also to the Florida Department of Financial Services, within three years of the crash, or two years for a wrongful death. Claims against a municipality or county go to that entity rather than to DFS.
The agency then gets time to investigate. The statute gives it six months to respond, and a lawsuit cannot be filed until the claim is denied or that period runs out, with a denial presumed if the agency stays silent. The Department of Financial Services claims process page explains how state-level claims are handled.
The trap is the interaction with the lawsuit deadline. Florida’s two-year negligence deadline in Florida Statutes § 95.11(5)(a) still applies, and the notice and waiting period must be satisfied before suit, so the interplay between the notice clock, the investigation window, and the lawsuit deadline is where these claims die. Notice within weeks, not months, avoids the question entirely.
How much can you recover from a Florida government entity?
Up to $200,000 per person and $300,000 per incident, no matter what a jury awards. Section 768.28(5) caps what a government entity can pay. A court can enter a larger judgment, but collecting above the caps requires a claim bill passed by the Florida Legislature, a political process that can take years.
The caps cover everything. Damages, attorney fees, and costs all come out of the same ceiling, punitive damages are not available at all, and prejudgment interest is excluded. A 2026 bill to raise the caps was not enacted, so the $200,000 and $300,000 figures remain in effect.
| Feature | Claim against a private driver | Claim against a Florida government entity |
|---|---|---|
| Pre-suit notice | None required | Written notice to the agency, and to DFS for state claims |
| Waiting period | None | Up to six months for the agency to investigate |
| Cap on damages | None; limited by insurance and assets | $200,000 per person, $300,000 per incident |
| Punitive damages | Available for gross negligence or intentional misconduct | Not available |
| Lawsuit deadline | Two years under § 95.11 | Two years, with the notice requirements layered on top |
| Who is the defendant | The driver and the vehicle owner | The agency, not the employee |
The practical effect: a catastrophic injury caused by a government driver is worth far less in court than the same injury caused by a private one, which is why every other source of recovery, from PIP to UM to a private co-defendant, gets scrutinized in these cases.
What should you do after a crash with a government vehicle in Broward County?
Identify the agency precisely, because the notice goes to a specific entity. Photograph the vehicle number, the agency markings, and the driver’s identification, and get the crash report, since the report names the owner of the vehicle. A county transit bus, a city vehicle, a sheriff’s cruiser, and a state transportation truck each route to a different office.
Your own coverage still comes first. Personal injury protection pays initial medical bills regardless of fault, with the 14-day treatment deadline attached, and uninsured motorist coverage may apply on top of a capped government recovery depending on the policy language. Florida recorded more than 360,000 crashes in 2025, and Broward County logged more than 36,000 of them, according to FLHSMV Crash Dashboard data, and a share of those involved public fleets that answer to these rules.
Send the statutory notice early and in the right form. A Fort Lauderdale car accident lawyer can identify the correct agency, draft the notice, and preserve the vehicle’s onboard data in a free consultation, and Dean Levy Injury Law handles these claims on a contingency fee. The contact page lists every way to reach the office.
Frequently asked questions
Can I sue the government employee who was driving?
Generally no. Florida Statutes § 768.28 makes government employees personally immune for negligence within the scope of their job, so the claim runs against the agency instead. The exception is conduct in bad faith, with malicious purpose, or with wanton and willful disregard for safety, which exposes the employee personally and falls outside the caps. Ordinary careless driving does not meet that standard.
Does the $200,000 cap apply per crash or per person?
Both, in layers. Each injured person can collect up to $200,000, and all claims from the same incident share a combined ceiling of $300,000. If four people are seriously hurt by one transit bus, they divide $300,000 among them. A court can enter a larger judgment, but the excess is collectible only through a claim bill passed by the Legislature.
What if a pothole, missing sign, or broken traffic light caused my crash?
Those claims run through the same statute, with an added hurdle. Florida distinguishes planning decisions, which stay immune, from operational failures like not repairing a known hazard, which can support liability. Notice, caps, and the waiting period all apply. Documenting the hazard immediately, before it is fixed, is essential because the condition itself is the evidence.
Are school bus crashes covered by sovereign immunity?
Yes. School boards are government entities under Florida Statutes § 768.28, so a crash caused by a school bus driver follows the notice, waiting-period, and cap rules like any other government claim. Children injured on the bus and occupants of the other vehicle are separate claimants, each subject to the per-person cap and all sharing the per-incident cap.
How long does the agency have to respond to my claim?
Six months. Florida Statutes § 768.28 gives the agency, and the Department of Financial Services where applicable, up to six months to investigate and resolve a claim after written notice, and a lawsuit cannot be filed until the claim is denied or the period expires. Silence at the end of six months counts as a denial. Notice sent early keeps that window from colliding with the two-year lawsuit deadline.
Can the government’s insurer settle above the caps?
In limited circumstances. The statute lets an agency settle within the limits of insurance coverage it actually carries, but any amount beyond the caps and beyond that coverage requires a legislative claim bill. Most agencies are self-insured up to the caps, so settlements rarely exceed them without legislative action, and a lawyer will confirm what coverage the specific agency holds early in the case.
Talk to a Fort Lauderdale attorney about a crash with a government vehicle
Dean Levy Injury Law represents crash victims across Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, and Lighthouse Point. Dean Levy has practiced Florida personal injury law since his admission to the Florida Bar in 2018, and every case starts with a free consultation on a contingency fee basis. Call (888) 613-3326 or visit the office at 955 South Federal Hwy, Suite 416, Fort Lauderdale, FL 33316.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship with Dean Levy Injury Law. Claims against government entities carry strict procedural requirements that depend on the agency and the facts. Consult a licensed Florida attorney about your situation before making any decision based on this information.
