It depends on the state where the accident happened. The time limit may also depend on if you have uninsured motorist coverage from another state. After an accident, you (or your lawyer) should quickly notify State Farm. In Florida, you have generally have four (4) years to sue a driver insured by State Farm for negligence. If State Farm is your uninsured motorist (UM) insurer in Florida, then you have 5 years to sue State Farm for UM benefits. If your family member is killed due to a driver’s negligence, there are two time limits that affect Florida wrongful death cases. Most wrongful death lawsuits must be filed within two years after the cause of action starts. Fla. Stat 95.11(4)(d). In most cases, a family member will have 2 years (after the death) to sue a driver (insured by State Farm) for wrongful death. However, if the decedent (person who is killed) dies after expiration of the 4 year time period applicable to negligence and a lawsuit has not been filed before the death, then a wrongful death lawsuit based on negligence is not allowed. Ash v. Stella, 457 So. 2d 1377 (Fla. 1984). If the decedent dies within the 4 year deadline for negligence, the wrongful death lawsuit will be allowed so long as it is filed within the two year deadline that apply to wrongful death lawsuits. Pait v. Ford Motor Co., 515 So. 2d 1278 (Fla. 1987). Thus, you (or your attorney) need to look at the 4 year deadline that applies to the negligence to see if the death occurred during that applicable time period. If the death happened within that time limit, then the deadline applicable to the wrongful death lawsuit will have to be complied with. One Florida appeals court has held that the 5 year time period applies to filing a wrongful death lawsuit for uninsured motorist insurance benefits. Hartford Acc. & Indem. Co. v. Mason, 210 So.2d 474