Colorado Gives Most Car Accident Victims Three Years To File A Lawsuit
After a serious car accident, three years can sound like plenty of time to decide whether to take legal action. But medical treatment can last months, insurance negotiations can drag on, and important evidence can disappear long before the legal deadline arrives.
Colorado generally gives people three years to file lawsuits for bodily injury or property damage arising from the use or operation of a motor vehicle. Missing the applicable deadline can cost you the right to pursue compensation in court, even when another driver clearly caused the crash.
At The Longo Firm, LLC, we help injured people in Colorado Springs and throughout Colorado understand which deadlines apply, preserve evidence, deal with insurance companies, and take legal action before time runs out.
The Three-Year Deadline Applies To Most Colorado Car Accident Lawsuits
Colorado Revised Statutes § 13-80-101(1)(n) establishes a three-year limitations period for tort actions involving bodily injury or property damage arising from the use or operation of a motor vehicle.
For many crash victims, that means a lawsuit must be filed within three years after the claim accrues. In a typical accident where the injury and its cause are immediately apparent, that will often put the deadline three years from the crash.
Colorado's accrual rules are more precise than simply saying the clock always starts on the accident date. A motor vehicle injury claim generally accrues when both the existence of the injury or damage and its cause are known or should have been known through reasonable diligence.
Because the facts can affect when a particular claim accrues, you shouldn't assume your deadline without reviewing the circumstances of your accident.
Three Years Can Pass Faster Than You Expect
A legal deadline that is years away may not feel urgent while you're recovering. But waiting can create problems that have nothing to do with the statute of limitations itself.
Surveillance footage can be erased. Vehicles may be repaired or destroyed. Witnesses can move or forget important details. Electronic vehicle data can become unavailable. Medical records may also become harder to organize as treatment expands across multiple doctors and facilities.
Starting early doesn't mean you have to rush into court. It gives you time to investigate the crash, understand your injuries, determine your future medical needs, and negotiate from a stronger position before deciding whether filing a lawsuit is necessary.
Missing The Deadline Can End Your Right To Sue
A statute of limitations isn't simply a target date for finishing settlement negotiations. It controls how long you have to preserve your right to bring the claim in court.
If the applicable deadline expires before a lawsuit is properly filed, the defendant can raise the statute of limitations as a defense and seek dismissal of the case. That can leave you without the leverage of taking the case to trial.
This matters even when you've already spent months communicating with an insurance adjuster. Negotiating a claim doesn't necessarily stop the statute of limitations from running.
You shouldn't assume an insurer will warn you that a deadline is approaching. Knowing the filing date and protecting it is ultimately critical to preserving your legal options.
Insurance Negotiations Don't Give You Extra Time
Many car accident claims settle without a trial, but settlement discussions can continue for months while medical treatment and negotiations are ongoing.
An insurance company may request additional records, question medical treatment, dispute fault, or make offers that don't account for the full value of the claim. None of that automatically extends the time available to file suit.
As the deadline gets closer, your options can become more limited. A lawsuit may need to be filed to preserve the claim even when negotiations are still underway.
That's one reason waiting for an insurer to make its "final offer" can be risky when the statute of limitations is approaching.
Some Accident Claims Can Follow Different Deadlines
The three-year rule is important, but it isn't the only deadline that can arise after a Colorado motor vehicle accident.
- Wrongful Death: Colorado generally applies a two-year limitations period to wrongful death actions. A specific four-year period can apply in certain cases involving vehicular homicide combined with leaving the scene of the fatal accident.
- Government Claims: A collision involving a state, city, county, public agency, or government employee can trigger separate notice requirements and procedural deadlines under the Colorado Governmental Immunity Act.
- Uninsured And Underinsured Motorist Claims: Claims involving your own UM or UIM coverage have separate statutory timing rules that can depend on the underlying liability claim, settlements, judgments, and when insurance information becomes known.
- Minors or People Under A Legal Disability: Colorado law contains tolling provisions that can affect certain claims involving people under a legal disability.
The correct deadline depends on the type of claim, the parties involved, and the facts surrounding the crash. That's why relying on a general "three-year rule" without checking for exceptions can be dangerous.
Fault Can Still Affect Your Claim Before The Deadline Arrives
Filing on time doesn't guarantee that you'll recover compensation. Colorado follows a modified comparative negligence rule.
If your negligence is less than the negligence of the person you're seeking recovery from, your compensation can be reduced according to your percentage of fault. If your negligence is equal to or greater than that person's negligence, recovery can be barred.
For example, if your damages were $80,000 and you were found 15% at fault, the award could be reduced by 15% to $68,000.
That makes determining fault an important part of protecting your claim. Police reports, photographs, witness statements, traffic-camera footage, vehicle data, and other evidence can all become important when an insurance company tries to shift blame.
The Filing Deadline Can Affect The Value Of Your Case
The statute of limitations doesn't determine how much your case is worth, but allowing the deadline to get too close can affect your ability to build and negotiate a strong claim.
Depending on your injuries and losses, compensation may include:
- Medical Expenses: Emergency treatment, hospitalization, surgery, rehabilitation, medication, and future medical care.
- Lost Income: Wages you couldn't earn while recovering from your injuries.
- Reduced Earning Capacity: Future financial losses if permanent injuries limit your ability to work.
- Property Damage: Costs associated with repairing or replacing your damaged vehicle and other property.
- Pain and Suffering: Compensation for physical pain and the broader effects of your injuries on your life.
Understanding what a car accident claim may be worth often requires waiting until there is enough medical information to understand your recovery. At the same time, you can't wait so long that the filing deadline threatens your right to take legal action.
A Colorado Springs Car Accident Lawyer Can Protect Your Filing Deadline
After a crash, you shouldn't have to keep track of legal deadlines while you're also managing medical treatment, vehicle repairs, missed work, and calls from insurance adjusters.
At The Longo Firm, LLC, we investigate crashes, preserve evidence, calculate applicable deadlines, negotiate with insurers, and file lawsuits when necessary to protect our clients' rights. Attorney Stephen A. Longo works directly with clients and keeps them informed as their cases move forward.
Three years can disappear quickly when you're focused on recovering from a serious accident. Contact us for a free case evaluation and learn which deadlines apply to your Colorado car accident claim.
"Stephen Longo represented me in an auto accident case that took over 3 years to settle. During this period, Stephen was extremely attentive and responsive to my needs. He answered my calls and emails promptly, and gave me solid advice as my case progressed. Stephen was patient with me as I was in severe pain, overwhelmed, and frustrated during this period and not always the most pleasant person to talk to. Stephen was able to negotiate a settlement that was more than reasonable and did an excellent job on my behalf. I highly recommend Stephen as he's the best!" - Roberta, ⭐⭐⭐⭐⭐