Under C.R.S. § 13-80-101(1)(n), injury victims generally have three years from the date of a motor vehicle accident to initiate a lawsuit in Colorado state court. Failing to meet this deadline can be fatal to your claim, as it typically bars you from recovering or taking further legal action.
Three years may seem like a long time. But gathering evidence, documenting medical treatments, and negotiating with insurance carriers can eat into this window.
Exceptions to the Three-Year Filing Limit
The three-year limit applies to standard traffic collisions involving cars, commercial trucks, and motorcycles. However, certain circumstances may shorten or otherwise alter the applicable timeframe. These include:
- Claims Involving a Government Entity. Under the Colorado Governmental Immunity Act, incidents involving municipal vehicles or government agencies require formal written notice within 182 days of the event.
- Fatal Accident Claims. Pursuing a wrongful death action requires surviving relatives to file within two years of the victim’s passing.
- Minors. Deadlines for minor children are typically tolled until their 18th birthday, at which point the standard three-year clock begins.
Special Rules for Uninsured/Underinsured Motorist Claims
If you are involved in a collision with an uninsured or underinsured driver, you may need to file a claim against your own insurance policy. In Colorado, the statute of limitations for Uninsured/Underinsured Motorist (UM/UIM) claims has its own specific timeline.
While the standard three-year limit still applies to the underlying accident, you generally have two years to file a UM/UIM lawsuit from the time you receive a settlement on your bodily injury liability claim with the at-fault driver’s insurance, or from when a court judgment is entered.
Because UM/UIM claims involve your own insurance provider, many people mistakenly assume the process will be straightforward and the deadlines more lenient. However, failing to strictly adhere to these separate UM/UIM deadlines can prevent you from accessing the vital coverage you pay for. A skilled motor vehicle accident attorney can help track both the underlying injury deadline and any subsequent UM/UIM filing windows to protect your full financial recovery.
Consequences of Missing Legal Deadlines
These deadlines are strictly enforced by Colorado courts. Attempting to file a complaint after the time period expires will likely result in a dismissal from the court. Without the threat of legal action, insurance companies are often less willing to negotiate and may be unwilling to offer a settlement for your claim.
Do Insurance Negotiations Pause the Filing Window?
Ongoing negotiations with an insurance company do not pause or extend filing deadlines. Claims adjusters have no duty to inform you of approaching time limits. Once the deadline expires, you lose your right to file a lawsuit, no matter the stage of negotiations reached with the insurer.
When to Consult a Personal Injury Lawyer
Retaining legal representation early in the claims process ensures you don’t end up on the wrong side of the statute of limitations.
You should seek attorney guidance right away if:
- You sustained severe injuries requiring ongoing medical rehabilitation
- Insurers dispute liability or downplay your financial losses
- Government entities are involved, and you are now subject to the 182-day notice requirement
- Your claim is still unresolved as filing limits approach
Contact a knowledgeable Colorado personal injury lawyer at Dulin McQuinn Young for a free consultation.