Colorado Car Accident Statute of Limitations

A statute of limitations is the last day to file a lawsuit. Miss it and a strong claim can end with no hearing on the merits at all. In Colorado, the general rule for car accident claims is three years, but it is not the only clock, and some of the others are much shorter.

This guide explains the Colorado car accident statute of limitations as clearly as we can, with the statute numbers so you can read the source yourself. It is not legal advice. Deadline questions depend on facts that a summary cannot see, which is exactly why the final date on your calendar should come from a licensed Colorado attorney who has reviewed your situation.

The General Rule: Three Years for Motor Vehicle Claims

Colorado sets a specific limitations period for tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle: three years after the claim accrues. The rule is in C.R.S. 13-80-101(1)(n). Most ordinary car accident injury lawsuits against another driver fall under it.

Three years sounds like a lot of time. It goes faster than people expect. Treatment can run for a year or more, an insurer may take months to make an offer, and an attorney needs time to gather records and prepare a complaint before filing. People who contact a lawyer in the last few weeks leave very little room for anything to go wrong.

Shorter and Different Deadlines

Several situations change the timeline. These are the ones that come up most often after a Denver crash:

The 182-day government notice

This one deserves its own paragraph. If a crash involved a city or county vehicle, an RTD bus, a state employee driving for work, or a dangerous road condition maintained by a public body, the Colorado Governmental Immunity Act generally requires a written notice of claim within 182 days of discovering the injury. The notice has required contents and must go to the right office. It is a condition of suing at all, and it arrives about six months after the crash, often while the injured person is still in treatment. Governmental immunity also limits which claims can be brought and caps recoveries, which is another reason to get a lawyer's view early.

Wrongful death

When a crash causes a death, the family's claim generally has a two-year limitations period, and Colorado law controls who may bring the claim and in what order. Families dealing with a loss should not have to sort that out alone; a licensed attorney can explain it.

When Does the Clock Start?

Colorado measures most limitations periods from when the claim "accrues." For personal injury, a claim generally accrues when the injured person knew, or reasonably should have known, of the injury and its cause (C.R.S. 13-80-108). For a typical crash, that is the crash date. Delayed-onset injuries and unusual facts can raise real questions about accrual, and those questions are for a lawyer, not for an online guide.

Two things do not stop the clock, though people often think they do. Ongoing negotiation with an insurer does not pause it. And partial payments, such as an insurer paying for a rental car or some medical bills, do not extend it.

Date Counter: See Where the Marks Fall

Enter a crash date to see where the general 182-day, two-year and three-year marks land. This is arithmetic, not a legal deadline. It does not account for accrual questions, tolling, weekends, holidays or court rules on computing time.

Claims Against Your Own Policy Have Their Own Rules

The statute of limitations is not the only time limit. Your own policy usually requires prompt notice of a crash, and uninsured and underinsured motorist claims have a separate statute, C.R.S. 13-80-107.5, whose timing is tied in part to what happens with the at-fault driver. On top of that, settling with the at-fault driver's insurer can affect UIM rights under some policies if your own insurer is not told first. If UM or UIM coverage might matter, read the Colorado insurance claims guide and ask about these timing rules early.

What This Means in Practice

• TodayWrite the crash date down. If any public vehicle, employee or road was involved, treat the 182-day notice as urgent.
• Month 1 to 6Focus on treatment and records. Keep a folder. If someone was hurt badly, this is the window when most people talk to a lawyer.
• Month 6 to 24Claims typically get evaluated after treatment ends. Negotiation can take months. Keep the deadline visible the whole time.
• Final yearIf the claim is not resolved, waiting becomes costly. Attorneys need lead time to prepare a lawsuit properly.

If you are close to any of these dates, stop reading and contact a licensed Colorado attorney. The guide to choosing a Denver car accident lawyer explains how to check a license and what to ask in the first call. And if fault is in dispute, the comparative negligence guide explains how shared blame changes the picture.

Questions About Colorado Car Accident Deadlines