By: Adam Smestad, Black Blink & Associates, 719-694-0578
One of the most common questions I hear after a car accident is:
“How long do I have to file a lawsuit?”
The short answer is that most Colorado car accident injury claims must be filed within three years of the date of the accident. That deadline is established by C.R.S. § 13-80-101(1)(n).
But there are important exceptions.
More importantly, waiting until the deadline is almost never a good idea.
The General Rule: Three Years
If you were injured because another driver’s negligence caused a motor vehicle accident, Colorado law generally gives you three years from the date of the accident to file a lawsuit. C.R.S. § 13-80-101(1)(n).
If you miss that deadline, the court will very likely dismiss your claim, regardless of how serious your injuries are. And courts generally will not consider lack of knowledge of the statute of limitations as a defense to missing this deadline.
Statutes of limitation exist to promote fairness by requiring claims to be brought while evidence is still available and ensuring that potential defendants are not waiting indefinitely to determine if they will have to defend against a lawsuit. Colorado appellate courts have repeatedly recognized that these statutes are intended to prevent stale claims and encourage timely litigation. Dean Witter Reynolds, Inc. v. Hartman, 911 P.2d 1094 (Colo. 1996).
Why You Shouldn’t Wait
Although you may have three years to file a lawsuit, you should not wait until that deadline is approaching to begin protecting your claim.
It is important to remember:
- Evidence begins disappearing almost immediately.
- Surveillance video is routinely overwritten.
- Witnesses move away or forget important details.
- Vehicles are repaired, sold, or destroyed.
- Electronic crash data can be lost.
- Your medical treatment timeline is vital to telling the story of the accident and the injuries.
Once an insurance company learns about an accident which may result in a claim, they immediately get to work defending the case – meaning, they immediately put their team of adjusters and attorneys to work trying to reduce any payout to the injured party.
It is important that you also have someone working in your corner to protect your rights while the insurance company is working to protect theirs.
Especially when it comes to managing medical treatment. Insurance companies frequently argue that delays in treatment or significant gaps in care mean your injuries were not serious—or were caused by something other than the accident.
The sooner an attorney becomes involved, the sooner evidence can be preserved, witnesses interviewed, insurance companies notified, and your claim properly documented.
What If the Injured Person Is Under 18?
Claims involving children are more complicated than many people realize.
Colorado law recognizes that minors generally cannot bring lawsuits on their own. For that reason, C.R.S. §§ 13-81-101 through 13-81-103 provide tolling protections for many persons under a legal disability, including minors.
However, this does not mean every claim involving a child automatically waits until the child turns eighteen.
Whether a statute of limitations is tolled depends on several factors, including whether the minor has a legal representative authorized to pursue the claim. Colorado appellate courts have discussed this interaction between the disability statutes and statutes of limitation in cases such as Southard v. Miles, 714 P.2d 891 (Colo. 1986).
Because these rules are fact-specific, parents should never assume they have years to decide what to do.
If your child has been injured, it is best to speak with an attorney as soon as possible.
What If the Government Is Involved?
Claims against government entities follow entirely different rules.
If your accident involved a city, county, state agency, school district, or another public entity, the Colorado Governmental Immunity Act (CGIA) may apply.
In most cases, the law requires written notice of the claim within 182 days after discovering the injury. C.R.S. § 24-10-109.
Failing to provide timely notice can bar an otherwise valid claim.
Colorado appellate courts have consistently held that compliance with the CGIA’s notice requirements is mandatory. See, for example, City & County of Denver v. Crandall, 161 P.3d 627 (Colo. 2007).
If there is any possibility that a government employee or vehicle was involved in your accident, you should consult an attorney immediately.
What Is a Statute of Repose?
Some personal injury claims are also governed by a statute of repose, which is different from a statute of limitations.
A statute of repose places an absolute deadline on certain claims regardless of when the injury is discovered.
Although statutes of repose rarely affect ordinary motor vehicle accident cases, they can arise in other negligence actions, such as claims involving defective improvements to real property. C.R.S. § 13-80-104.
The Colorado Supreme Court has explained that statutes of repose are intended to provide finality by extinguishing potential liability after a legislatively determined period of time. See Yarbro v. Hilton Hotels Corp., 655 P.2d 822 (Colo. 1982).
Are There Other Exceptions?
Yes.
Depending on the circumstances, different deadlines or legal rules may apply to:
- uninsured or underinsured motorist (UM/UIM) claims;
- wrongful death claims;
- claims involving multiple defendants;
- accidents occurring outside Colorado;
- persons under other legal disabilities;
- bankruptcy proceedings affecting one of the parties; and
- claims created by specific statutes.
These situations are uncommon, but they illustrate why every case deserves an individualized legal analysis.
The Bottom Line
The statute of limitations is the last day you can file a lawsuit—not the day you should start looking for an attorney.
The strongest personal injury cases are built early when your attorney can preserve evidence, make sure medical treatment is properly documented and interview witnesses while memories are fresh.
When your case is properly managed by a competent, trustworthy attorney, insurance companies are less likely to take advantage of missing evidence or unnecessary gaps in treatment.
If you have been injured in a Colorado car accident, don’t wait until you’re approaching the deadline.
Meeting with an experienced personal injury attorney soon after the crash can help protect your rights, preserve valuable evidence, and put you in the best position to recover the compensation Colorado law allows.
If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink, & Associates LLC at 719-694-0578 now for a free consultation.
Authorities
Statutes
- C.R.S. § 13-80-101(1)(n) – Three-year statute of limitations for actions arising out of the use or operation of a motor vehicle.
- C.R.S. §§ 13-81-101 to 13-81-103 – Tolling provisions for persons under disability, including minors.
- C.R.S. § 24-10-109 – Notice requirements under the Colorado Governmental Immunity Act.
- C.R.S. § 13-80-104 – Statute of repose for claims involving improvements to real property.
Colorado Appellate Decisions
- Dean Witter Reynolds, Inc. v. Hartman, 911 P.2d 1094 (Colo. 1996).