What Is the Statute of Limitations for Car Accidents in Colorado?

Recovering from a car accident can take all of your attention and energy. At the same time, you also need to be aware of the statute of limitations for car accidents in Colorado. This is the critical legal window that dictates how long you have to pursue compensation for your injuries.

Every day that passes can impact the strength of your claim. We encourage you to begin the process as soon as possible. At Burg Simpson, our Denver car accident lawyers are here to help evaluate your claim and make sure you do not compromise your ability to recover compensation.

Call us today at 303-792-5595 for a FREE and confidential case evaluation. We are proud to serve car accident victims in Denver and throughout Colorado.

What Is a Statute of Limitations?

The statute of limitations is a mandatory expiration date for an individual’s right to file a civil lawsuit in the Colorado court system. Just as there are statutes of limitations for how long a person can be charged with a crime, the same is true for how long after a car accident someone can be sued for negligence.

These laws are designed to ensure that legal disputes are resolved while evidence is still fresh and witness memories remain reliable and accurate. As time passes, proving negligence becomes increasingly difficult. This can slow down court proceedings and make it much more difficult to establish liability for the crash.

Once the set time period expires, Colorado courts will almost certainly dismiss any legal action brought forward. This is regardless of the severity of your injuries or the clarity of the other driver’s fault. In other words, even when accidents result in catastrophic injuries, the statute of limitations is strictly enforced.

How Long After a Car Accident Can You File a Claim in Colorado?

Under Colorado Revised Statutes § 13-80-101, the general statute of limitations for tort actions arising from the operation or use of a motor vehicle is three years from the date of the accident.

This three-year deadline is a notable exception to the standard two-year limit applied to most other personal injury claims in the state, such as slip-and-fall accidents.

The three-year window applies to various types of damages resulting from the crash, including:

• Bodily injury
• Property damage to your vehicle and other personal belongings
• Uninsured or underinsured motorist claims (see C.R.S. § 13-80-107.5)

Failure to file a formal complaint in the courts before the three-year period elapses typically results in the permanent loss of your ability to recover compensation.

Are There Any Exceptions?

There are a few notable exceptions to the statute of limitations, some of which give you more time while others give you less. These include:

• Claims Against Government Entities: If the accident involved a government vehicle or employee, the Colorado Governmental Immunity Act requires victims to provide a formal written notice of claim within just 182 days of the discovery of the injury.
• Wrongful Death Claims: If a motor vehicle accident tragically results in a fatality, the statute of limitations for a wrongful death action is generally just two years from the date of death (rather than the three years allotted for claims involving bodily injury).
  • C.R.S. § 13-80-102 grants four years for wrongful death claims where the defendant (a) commits vehicular homicide and (b) left the scene of the accident.
• Minors and Legal Disability: If the accident victim is under the age of 18 or deemed mentally incompetent at the time of the crash, then the “clock” may be paused until they reach the age of majority or the disability is removed.
• The Discovery Rule: In rare cases where an injury is not immediately apparent, the statute may begin on the date the injury was discovered or reasonably should have been discovered.

Our recommendation is never to rely on these exceptions. Contact Burg Simpson ASAP to discuss your legal options and get started on your claim.

When Does the Statute of Limitations Start?

In the vast majority of cases, the statute of limitations for car accidents in Colorado starts on the date the collision occurred. This date may be confirmed by referencing the crash report created by the police, and will serve as the basis for all legal deadlines.

Per C.R.S. § 13-80-118, the three-year clock may be paused if the defendant is absent from the state of Colorado. This provision is particularly important if the defendant is trying to avoid being served the lawsuit.

It is important to note that engaging in settlement negotiations with an insurer does not pause the statute of limitations. The clock continues to run even while you are awaiting or negotiating an offer.

How Do I Meet the Statute of Limitations in Colorado?

Meeting the statute of limitations requires a formal filing of a complaint and summons in a court with proper jurisdiction before the deadline passes. If the accident occurs in Denver, for example, you would likely file the lawsuit in Denver District Court.

Notifying your insurance company or the at-fault driver’s insurance company about the accident does not satisfy the statute of limitations. It must be a formal action filed with the court.

This is why it is important to begin the process quickly, so your attorney can gather important evidence such as:

• Electronic data from vehicle “black boxes”
• Surveillance or dashcam footage
• Witness statements and photographs of the scene

Proactive legal action gives your lawyer time to perform a thorough investigation and ensure all potential defendants are identified and served within the appropriate time frame.

Take Action Now to Protect Your Legal Rights

Three years may seem like plenty of time to prepare and file a lawsuit. However, the complexity of motor vehicle action litigation means that building a strong case may require substantial preparation.

There are several preparatory requirements that can take significant time, including:

• Medical evaluations
• Expert witness consultations
• Accident reconstruction

Acting immediately prevents the risk of administrative delays or last-minute filings that could jeopardize your claim.

By securing experienced legal representation early, you shift the burden of tracking critical deadlines to your legal team. This allows you to focus entirely on your physical recovery.

Contact Burg Simpson Today

The attorneys at Burg Simpson have spent 50 years fighting for the rights of the injured, recovering more than $2 billion for our clients in that time. We possess the Local Clout and National Strength necessary to take on major insurance corporations and ensure you receive the maximum compensation allowed by Colorado law.

Do not leave your future to chance or wait until the final months of your eligibility to seek help. Act now to stay within the statute of limitations for car accidents in Colorado and protect your rights.

For a FREE case evaluation, call Burg Simpson at 303-792-5595 today. Our car accident lawyers serve victims in Denver and throughout Colorado from our offices in Englewood.