Understanding Colorado’s Three-Year Statute of Limitations for Car Accident Claims
Under Colorado Revised Statutes (C.R.S.) § 13-80-101(1)(n), you generally have three years from the date of the crash to file a lawsuit for bodily injury or property damage, a deadline a Longmont car accident lawyer can help you track and protect. This specific timeline for motor vehicle cases is an important distinction from the standard two-year limit for most other personal injury claims, like a slip and fall, which is governed by C.R.S. § 13-80-102.
However, while three years is the general rule, it has exceptions that dramatically shorten your filing window. For instance, if the at-fault driver was operating a government vehicle, you must provide a formal notice of your claim within just 182 days. Wrongful death claims also operate under a different, shorter deadline.
Attorney Edward Smith will analyze the specifics of your crash to confirm the exact filing deadline that applies to your situation. If you have any questions about the timeline of your specific crash, call the Law Offices of Edward Smith today.
Key Takeaways for Colorado’s Car Accident Statute of Limitations
- You generally have three years to file a car accident lawsuit in Colorado. This deadline is specific to motor vehicle accidents and is longer than the two-year limit for most other personal injury claims.
- Claims against government entities have a much shorter 182-day notice deadline. Missing this six-month deadline under the Colorado Governmental Immunity Act will bar your claim, regardless of the three-year general rule.
- Negotiating with an insurance company does not pause the statute of limitations. You must file a lawsuit before the deadline expires, or you will lose your right to seek compensation, even if settlement talks are ongoing.
The Core Rule
Colorado explicitly sets the three-year deadline for “all tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle,” which is why it is important to hire a car accident attorney before time runs out. ”
This law is broad in scope, covering anyone injured by a vehicle—whether you were another driver, a passenger, a pedestrian, or a bicyclist. It applies to claims for physical injuries and for damage to your vehicle or other property.
For most car accident cases, it’s simple: the clock begins ticking the moment the crash happens. However, there is a narrow exception known as the Discovery Rule. This rule states that if an injury isn’t reasonably discoverable right away (like a slow-developing traumatic brain injury), the deadline might start from the date the injury is found.
Colorado courts apply this exception conservatively in car accident cases. You should never assume the clock hasn’t started.
Alternative Deadlines That Override the Three-Year Rule
As mentioned, several scenarios exist where much shorter and stricter deadlines apply, and missing them permanently bars you from seeking compensation, regardless of the car accident case worth or the strength of your case.
The 182-Day Trap (Government Vehicles)
If the person who hit you was a public employee on the job—driving a city bus, a police car, a school district vehicle, or even a snowplow—your case falls under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109).
This law requires you to file a formal, written notice of claim within just 182 days of the crash. Failure to meet this six-month deadline will almost always result in the complete dismissal of your claim, even if you are well within the three-year statute of limitations.
Wrongful Death Distinctions
The deadlines are different if a loved one was tragically killed in a crash. For most wrongful death claims, the statute of limitations is only two years from the date of death.
However, there is a key exception: if the death was the result of a felonious killing, such as a DUI vehicular homicide, the filing period may be extended to four years.
Minors and Legal Disability
The law provides protections for those who cannot legally act for themselves. Under C.R.S. § 13-81-103, the statute of limitations deadline may be tolled, or paused, for victims who are under 18 or who are mentally incapacitated due to their injuries.
For a minor, the clock typically doesn’t start running until their 18th birthday, giving them time to pursue their claim as a legal adult.
Contact our lawyers for car accidents in Longmont at (303) 682-2944 for a free consultation.
Strategic Implications of the Timeline
New Damages Caps (HB24-1472)
In 2024, Colorado passed HB24-1472, a law that significantly increases the caps on non-economic damages (like pain and suffering) for civil cases filed on or after January 1, 2025. For many injury claims, the cap will rise from previous levels to $1.5 million.
Depending on the date of your accident and the extent of your injuries, it may be strategic to time the filing of a lawsuit to take advantage of these new, higher caps. Attorney Edward Smith will help you analyze this option, ensuring you don’t miss your statute of limitations while planning for the best possible outcome.
Evidence Decay vs. The Deadline
Just because you have three years does not mean you should wait three years. Key evidence has a short shelf life. Skid marks fade, vehicles are repaired, and witnesses’ memories blur. Colorado’s law on modified comparative negligence means if you are found 50% or more at fault, you recover nothing. The longer you wait, the harder it becomes to gather the evidence needed to prove the other driver was fully responsible.
Negotiations Do Not Pause the Clock
Warning: Actively negotiating a settlement with an insurance adjuster does not stop the statute of limitations clock, which is often not what people expect after a car accident. Insurance companies are businesses, and while they have an obligation to process claims, lengthy negotiations sometimes extend beyond the filing deadline.
If that happens, the insurer has no legal obligation to pay, and your right to file a lawsuit disappears instantly. Do not let an adjuster’s delays lull you into a false sense of security.
FAQ for Colorado Car Accident Statutes of Limitations
Does the three-year limit apply to my Uninsured Motorist (UM/UIM) claim?
In most cases, yes. Claims made against your own insurance policy for an uninsured or underinsured motorist are typically governed by contract law, which usually has a three-year statute of limitations in Colorado. However, your specific insurance policy is a contract that might contain its own shorter deadlines. Attorney Edward Smith will review your policy’s time to sue clauses to ensure your right to coverage is protected.
What if the at-fault driver moved out of Colorado after the crash?
If the defendant leaves the state and cannot be served with a lawsuit, C.R.S. § 13-80-118 allows the statute of limitations to be tolled, or paused, during their absence. This potentially extends your deadline to file.
Does the three-year rule apply to product liability (e.g., defective airbags)?
Not always. A claim against a car or parts manufacturer for a defect that caused injury falls under a stricter two-year product liability statute of limitations. A single crash involves multiple defendants and multiple deadlines. This is a complicated area where we recommend seeking legal guidance.
When does the clock start for a child injured in a car seat?
For a minor, the statute of limitations is typically paused until they turn 18. This generally gives them until their 21st birthday to file a claim for their own bodily injuries, ensuring they have the opportunity to seek justice once they are a legal adult.
Don’t Let Time Run Out on Your Claim
You do not have to calculate these complicated accrual dates, tolling periods, and notice requirements on your own. At the Law Offices of Edward Smith, we handle the timeline strategy so you can concentrate on your health and recovery.
If you are unsure exactly when your statute of limitations expires, do not leave it to guesswork. Contact Attorney Edward Smith today to preserve your right to recovery.