Colorado law limits the amount of time you have to file a lawsuit after a car crash. While recovering from your injuries may be your top priority, it’s important not to overlook the legal deadlines that apply to your case.
So, what is the statute of limitations for car accidents in Colorado? The deadline is typically three years from the date of the accident.
Putting together a winning car accident claim takes time. Our car accident lawyers can assist with your claim, help you file it before the deadline, and fight for the compensation you are entitled to.
What Is the Statute of Limitations for Car Accidents in Colorado?
Según C.R.S. § 13-80-101, the statute of limitations for most car accident injury claims in Colorado is three years from the date of the accident.
If you fail to file your lawsuit within this period, the court will likely dismiss your case, and you may lose your ability to recover compensation for your injuries and other losses.
Waiting too long to file can make it difficult to gather evidence for your claim, which is why it’s important to get help from a lawyer as soon as you can.
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Are There Exceptions to the Colorado Statute of Limitations?
Yes. While most Colorado car accident injury claims must be filed within three years of the crash, certain circumstances can change the deadline that applies to your case.
You may have a different filing deadline if your case involves:
- Injured minors: If the injured person is under 18, the statute of limitations may be tolled until they turn 18.
- Mental incapacity: If an injured person is legally incapacitated when the accident occurs, the statute of limitations may be paused until their disability is removed or a legal representative is appointed.
- Delayed discovery of injuries: If your injuries are not immediately detectable, the clock starts running on the date of discovery (or when the injuries reasonably should have been discovered).
- Government claims: If a government-employed driver or another government entity contributed to the crash, you generally must provide written notice of your claim within 182 days of discovering your injury under the Colorado Governmental Immunity Act.
- Wrongful death cases: Most Colorado wrongful death claims arising from a car accident must be filed within two years of the victim’s death.
What Happens If You Miss the Deadline?
If you try to file your lawsuit after the state’s deadline expires, the defendant will likely ask the court to dismiss the case. In most situations, the court will grant that request regardless of how severe your injuries are or how strong your evidence may be.
Once the statute of limitations has expired, you generally lose your right to pursue compensation through the court system. This means you may no longer be able to recover damages for medical expenses, lost wages, pain and suffering, or other accident-related losses.
In addition, insurance companies are aware of filing deadlines and are generally less willing to negotiate once the statute of limitations has passed, since they know your legal options have narrowed.
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When Does the Clock Start Running?
In most Colorado car accident cases, the clock for the statute of limitations begins running on the date of the crash. However, it may not start until later on in certain circumstances, such as if your accident involves an injured child or injuries that aren’t discovered that day.
Different cases have different deadlines, which is why you need a lawyer who can evaluate your case and explain how long you have to file a claim.
What Is the Deadline for Property Damage Claims in Colorado?
In Colorado, property damage claims arising from a motor vehicle accident are generally subject to a three-year statute of limitations as well. Property damage may include:
- Vehicle repair costs
- Vehicle replacement costs
- Damage to personal belongings inside the vehicle
- Damage to other personal property affected by the crash
Even if you only sustained property damage in your crash, it is important to act quickly. Delays can make it harder to document the extent of the damage and establish its connection to the accident.
Does Filing an Insurance Claim Stop the Statute of Limitations?
No, filing an insurance claim does not stop or extend the state’s statute of limitations.
Insurance companies may continue negotiating a settlement with you even as the filing deadline approaches. If the statute of limitations expires before you file a lawsuit, you could lose your ability to pursue compensation through the courts.
How Long Should You Wait to Contact a Lawyer?
You should contact our lawyers at Postman Law as soon as possible after a Colorado car accident. This will help our team when it comes to:
- Preserving accident scene evidence
- Obtaining statements from witnesses while their memories are fresh
- Securing surveillance footage before it is erased
- Collecting medical records
Waiting until the statute of limitations is close to expiring can make it more difficult for us to investigate your accident and build a strong case.
Talk to a Car Accident Attorney
Car accident cases are often more complicated than they initially appear. If you need to file a claim, the car accident attorneys at Postman Law can guide you through the process, help make sure you file on time, and work to negotiate a fair settlement for you.
Book a free case review to discuss your situation with a lawyer.