Colorado Car Accident Statute of Limitations

The Colorado Car Accident Lawsuit Deadline

Colorado’s motor vehicle limitation statute generally requires tort actions for bodily injury or property damage arising from use or operation of a motor vehicle to be commenced within three years after the cause of action accrues. The current official 2025 Colorado Revised Statutes text lists that rule in C.R.S. 13-80-101(1)(n).

That is the common answer for many car accident injury lawsuits, but you should still have a lawyer review the facts. The deadline can be affected by what type of claim is being brought, who the defendant is, when the injury and cause were known or should have been known, whether a death claim is involved, whether UM/UIM coverage is involved, and whether a public entity or public employee is connected to the crash.

If you need a broader crash overview, read CGH’s Colorado car accident laws page and the Denver car accident lawyer page. If you were just hit, start with what to do after a car accident in Colorado.

Lawsuit Deadline vs. Insurance Claim Deadline

The lawsuit deadline is not the same thing as an insurance claim deadline. Insurance companies may ask you to report a claim quickly, cooperate with requests, attend inspections, provide documents, or meet policy conditions. Those policy steps can matter, but they do not replace the court filing deadline.

The reverse is also true. You may still be within the lawsuit deadline but have insurance problems because you waited too long to notify a carrier, document treatment, protect evidence, or respond to policy requests. That is why early legal review matters even when the three-year period sounds far away.

Do not assume these events stop the statute of limitations:

• Opening a claim with an insurer.
• Getting a claim number.
• Negotiating vehicle repairs.
• Sending medical bills.
• Talking with an adjuster.
• Waiting for a settlement offer.
• Getting told the file is “under review.”

If the deadline is close, ask a lawyer to evaluate filing options immediately. For insurance-call background, read CGH’s insurance claims after a crash guide.

What If the Other Driver Was Uninsured?

Uninsured and underinsured motorist claims can involve a different deadline analysis. Under C.R.S. 13-80-107.5, a lawsuit or arbitration demand on an uninsured or underinsured motorist (UM/UIM) claim generally must be brought within three years after the cause of action accrues. A limited extension can apply when the underlying bodily injury claim against the at-fault driver is preserved within the standard three-year motor vehicle deadline: for UM claims, two years after the insured learns the at-fault driver has no applicable insurance; for UIM claims, two years after the insured receives payment of the settlement or judgment on the underlying liability claim. In no event is the period shorter than three years from accrual.

In plain English, do not treat a UM/UIM claim as a normal claim against the at-fault driver without legal review. The timeline may involve the at-fault driver’s status, settlement or judgment payment, arbitration demand, policy language, and whether the underlying claim was preserved in time.

If the driver had no insurance, fled the scene, or had too little insurance, read CGH’s page on car accidents with uninsured drivers in Colorado. If the crash involved leaving the scene, also review CGH’s hit-and-run accident resource.

What If a Government Vehicle Was Involved?

Government vehicle cases can have a shorter notice issue. Under the Colorado Governmental Immunity Act, C.R.S. 24-10-109 requires written notice for claims against a public entity or public employee within 182 days after discovery of the injury. The statute describes compliance as a jurisdictional prerequisite for actions under that article.

That notice rule is separate from the general motor vehicle deadline. A crash involving a city vehicle, police vehicle, public bus, maintenance truck, county employee, state employee, school district vehicle, or another public entity should be reviewed quickly.

Do not assume the ordinary three-year motor vehicle period is the only clock. Government-entity cases can involve immunity issues, notice recipients, contents of notice, service method, and exceptions. A lawyer should review the exact public entity, employee role, vehicle ownership, and date of discovery.

Does Talking to Insurance Pause the Deadline?

Usually, you should not assume insurance talks pause the deadline. An adjuster can keep discussing the claim while the filing deadline keeps moving. Unless a lawyer identifies a specific legal basis that changes the clock, act as if the lawsuit deadline continues to run.

This is where many injured people get trapped. They believe cooperation means the insurer will resolve the claim before the deadline. The insurer may still dispute liability, claim you waited too long, request more records, or make an offer that does not match the evidence. If the filing deadline expires, your bargaining position can change sharply.

If an offer arrives near the deadline, do not sign just because you feel out of time. Ask a lawyer to review the deadline, offer, release, and filing options. CGH’s low first settlement offer article explains why offer review should focus on evidence, not pressure.

Why Waiting Can Hurt Evidence

Even when the statute gives time, waiting can hurt the case. Legal deadlines are only one part of the timeline. Evidence has its own clock.

Common evidence problems include:

1. Surveillance video gets deleted.
2. Witnesses forget details or move.
3. Vehicles are repaired or sold.
4. Phone data is lost.
5. Medical gaps become harder to explain.
6. Photos are missing.
7. Dashcam data disappears.
8. Road conditions change.
9. Employers lose wage records.
10. Insurers frame early statements against you.

This is why a case can be technically within the filing period and still be harder than it needed to be. The earlier the file is reviewed, the easier it is to preserve proof.

Comparative fault is another reason delay matters. If the other side argues you caused or worsened the crash, evidence may be needed to answer that claim. CGH’s comparative negligence guide explains how fault allocation can affect recovery.

Delay can also affect medical proof. A treatment gap may have a good explanation, such as trouble getting an appointment, lack of transportation, or symptoms that changed over time. But the explanation is easier to document while the facts are fresh. Save appointment records, referral notes, discharge paperwork, prescriptions, work notes, and messages with providers. Those records can help connect the crash, the injury, and the choices you made after the collision.

Property damage proof has the same problem. Repair photos, estimates, tow records, rental records, and total-loss paperwork can help show crash severity and timeline. If the vehicle is repaired or sold before photos are saved, that evidence may be harder to use later.

Keep a simple folder for everything tied to the crash. Include the police report number, insurer letters, photos, medical papers, pharmacy records, repair documents, wage notes, and every deadline you have been given. Bring that folder to the case review.

When to Contact CGH About a Deadline

Contact CGH quickly if any of these are true:

• The crash happened more than two years ago.
• The insurer is still “reviewing” the file.
• The other driver had no insurance or not enough insurance.
• A government vehicle or employee may be involved.
• Someone died from the crash.
• You were a passenger and multiple insurers are involved.
• Fault is disputed.
• You signed or were asked to sign a release.
• Treatment is ongoing and the deadline may be approaching.
• You are unsure what date controls.

CGH can review the date of the crash, the claim type, available insurance, government-entity issues, UM/UIM questions, and whether filing or other action must be considered.

Talk With CGH Before a Deadline Gets Close

If you are worried about the Colorado car accident statute of limitations, do not wait for the insurer to finish its review. Ask CGH to evaluate the deadline, the claim type, and the evidence while there is still time to act.

Call (303) 209-9395 or send the details online. Ask CGH for current consultation, fee, cost, and language-access terms during intake.

Frequently Asked Questions