Timing is crucial if you want to protect your legal rights after a car accident in Colorado. Every car accident claim is subject to the state’s deadline called the statute of limitations. Missing the relevant deadline usually means losing your right to recover compensation entirely, regardless of who was at fault or how severe the injuries were.
If you have been injured in a car accident contact our Aurora car accident lawyers today for a free consultation.
General Statute of Limitations – 3 Years
For most car accident cases in Colorado, the law gives you up to 3 years from the date of the crash to file a lawsuit for personal injury or property damage.
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:
(I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1).
This window allows time for you to complete treatment, investigate the accident, and negotiate with insurers without the threat of losing your claim to a filing deadline. Waiting too long to take action without a lawsuit actually being filed will almost always end with your claim being dismissed in court.
Exceptions to The Statute of Limitations
There are specific situations in which the typical three-year limit may not apply, either extending or shortening your time to file. Knowing these can help protect you and your loved ones from losing out because of an honest mistake.
Claims Involving Minors
If the person hurt in the car accident is under 18, Colorado law gives them extra time. The deadline isn’t until 2 years after the injured person turns 18.
Delayed Discovery of Injuries
Occasionally, not all injuries from a car crash show up right away. In these rare situations, the statute of limitations may not start until the victim discovered or should have reasonably discovered the injuries and that they were caused by someone else’s negligence.
Claims Against Government Entities
If you want to bring a claim against a state, city, local, or other government agency (like for crashes involving a government-owned vehicle), Colorado law sets a much shorter and stricter deadline. You generally must provide the involved government agency formal notice within just 182 days, with very specific requirements that differ from standard claims.
Defendant Leaves the State
If the at-fault party moves out of Colorado after causing the accident, the statute may pause for the time the person is gone. This means you can still pursue your claim once they return, or sometimes get extra time to take legal action because they were effectively unavailable for the lawsuit process.
Because exceptions are narrowly interpreted by courts and mix legal as well as factual details, it is important to work with an attorney as soon as possible after an accident so you don’t miss your chance to file.
Different Deadline for Wrongful Death Claims
In Colorado, wrongful death claims after a car accident have a different statute of limitations from other personal injury cases. Family members or qualifying loved ones must typically file a wrongful death lawsuit within 2 years from the date of the victim’s death.
13-80-102. General limitation of actions – two years.
(d) All actions for wrongful death, except as described in subsection (2) of this section;
This shorter timeline makes it especially important for families to act promptly if they suspect another party’s negligence caused their loss.
To ensure you never lose your right to pursue compensation and justice for yourself or your loved one, it’s helpful to reach out to a car accident attorney as soon as possible. Call our team today to schedule a free case evaluation.