Colorado Car Accident Statute of Limitations: Complete Guide
Colorado personal injury claims from car accidents must be filed within three years of the collision date, while wrongful death claims have a two-year deadline from the date of death.
Understanding Colorado’s Personal Injury Claims Deadlines
When a car accident occurs in Colorado, the clock starts ticking immediately. The colorado car accident statute of limitations sets strict time limits for filing personal injury lawsuits and seeking compensation from responsible parties. A qualified Denver car crash attorney can help navigate these complex deadlines. Missing these legal deadlines can permanently bar accident victims from recovering damages for medical expenses, lost wages, and other losses.
Standard Statute of Limitations for Car Accidents
Personal Injury Claims
Most personal injury cases arising from motor vehicle accidents in Colorado follow a three-year time frame. This colorado statute applies to claims against negligent drivers and vehicle owners for:
- Bodily injuries sustained in the crash
- Property damage to vehicles or personal property
- Medical bills and ongoing medical care costs
- Lost wages and diminished earning capacity
- Pain and suffering damages
The limitations deadline begins on the accident date, regardless of when the injured person discovers the full extent of their injuries.
Wrongful Death Claims
When a motor vehicle accident results in death, surviving family members face a different timeline. Colorado personal injury attorneys must file wrongful death lawsuits within two years from the date of death, not the accident date if these differ.
The first year is typically reserved for the surviving spouse to file the wrongful death claim. Other heirs or the estate must act within the two-year window to preserve their legal rights.
Special Circumstances and Extended Time Limits
Government Entities as Defendants
Car accident lawsuits against state, county, or municipal governments follow stricter rules under the Colorado Governmental Immunity Act:
- Written notice must be filed within 182 days of the incident
- The actual lawsuit must begin within two years
- Missing the 182-day notice requirement bars the later lawsuit entirely
Uninsured and Underinsured Motorist Claims
These claims against the injured party’s own insurance company have unique time limits:
- Three years from the collision date, OR
- Two years after policy limits are exhausted
- Whichever deadline comes later applies
Many insurance policies contain shorter limitation periods, but Colorado law prevents policies from setting deadlines shorter than two years.
Minor Victims
When a child suffers injuries in a car accident, the statute of limitations clock pauses until their 18th birthday. The legal action must begin within the later of:
- The standard three-year period after turning 18, OR
- Six years after reaching age 18
Exceptions That Extend Filing Deadlines
Mental Incapacity
If the injured person lacks mental capacity due to accident-related brain injuries or other conditions, the limitations period pauses during the incapacity. A guardian ad litem can still file the case sooner if beneficial.
Absent or Concealed Defendants
When the at-fault party leaves Colorado or conceals their identity after the crash, the statute of limitations stops running until they return or are located.
Discovery Rule (Limited Application)
While most car accident cases run from the accident date, Colorado courts recognize limited exceptions when latent injuries are discovered later. The discovery rule allows three years from when the injury was discovered, but never more than ten years from the crash.
This exception rarely applies to typical car accident injuries and is more common in medical malpractice or product defect cases.
Frequently Asked Questions
What is the statute of limitations on a car accident in Colorado?
The standard colorado personal injury statute of limitations is three years from the accident date for bodily injury and property damage claims. Wrongful death claims must be filed within two years of the death date.
How long after a car accident can you file a claim in Colorado?
Accident victims have three years to file personal injury lawsuits in most cases. However, insurance claims should be reported immediately, and many insurance policies require prompt notice within days or weeks of the accident.
How many years do you have to sue after a car accident?
Colorado personal injury law provides three years for most car accident lawsuits. Wrongful death cases have a two-year deadline, while claims against government entities require written notice within 182 days and suit within two years.
Is Colorado a no-fault state for auto accidents?
No, Colorado is not a no-fault state. Colorado follows an at-fault insurance system, meaning the negligent party’s insurance typically covers damages. However, Colorado drivers can purchase optional Personal Injury Protection (PIP) coverage for immediate medical expenses regardless of fault.
Protecting Legal Rights After a Car Accident
The vast majority of personal injury cases settle before trial, but maintaining the right to file a lawsuit provides crucial leverage in negotiations with insurance companies. Experienced car accident lawyers understand these time limits and work to preserve all available options for their clients.
Evidence gathering becomes more difficult as time passes. Witnesses relocate, memories fade, and physical evidence disappears. The police report, medical records, and accident scene documentation become increasingly important for establishing liability and damages.
Take Action Before Time Runs Out
Understanding colorado law regarding car accident statute of limitations is essential for protecting legal rights. The general rule provides three years for most personal injury cases, but various exceptions and special circumstances can dramatically shorten or extend these deadlines.
Consulting with experienced colorado personal injury attorneys immediately after an accident ensures proper evaluation of the case and adherence to all legal deadlines. Many law firms offer a free consultation to discuss the specific circumstances and applicable time limits.
Don’t let valuable legal rights expire due to missed deadlines. Contact a qualified personal injury attorney today to discuss the car accident case and available options for seeking compensation from responsible parties.
