If you were injured in a Colorado accident — whether a car crash, slip and fall, or trucking collision — the clock started running the moment you were hurt. Colorado’s statute of limitations sets a hard deadline for filing a personal injury lawsuit, and missing it means losing your right to compensation permanently, regardless of how strong your case is. Here is exactly what you need to know.
The General Rule: Three Years for Personal Injury
Under C.R.S. § 13-80-101, Colorado personal injury claims must be filed within three years from the date of the injury. This applies to most car accidents, truck accidents, motorcycle accidents, slip and fall claims, and general negligence cases.
Three years sounds like plenty of time — and in some ways it is. But the practical deadline for preserving your case is much earlier. Evidence disappears. Surveillance footage gets overwritten in 30–90 days. Witnesses move, forget details, or become unavailable. Skid marks and road conditions change. Electronic data from commercial trucks gets purged. The sooner you retain an attorney, the better your evidence will be.
Wrongful Death: Two Years
If someone was killed due to another party’s negligence, surviving family members must file a wrongful death lawsuit within two years of the date of death under C.R.S. § 13-80-102. This shorter deadline catches many families off guard, particularly when they are still grieving and may not realize legal action is even an option.
Claims Against Government Entities: Much Shorter
If your injury involves a government vehicle, a dangerous condition on public property, or a public employee’s negligence, the Colorado Governmental Immunity Act (C.R.S. § 24-10-109) applies. You must file a written notice of claim within 182 days (about six months) of the injury. Missing this notice requirement can bar your claim entirely — even before the standard statute of limitations runs.
Exceptions That Can Extend the Deadline
Colorado recognizes several circumstances that can toll — or pause — the statute of limitations:
- Minors: If the injured person was under 18 at the time of the accident, the statute of limitations does not begin running until they turn 18, giving them until age 21 to file (with some exceptions for medical malpractice).
- Discovery rule: In some cases where the injury was not immediately apparent, the clock may start from when the injury was discovered or reasonably should have been discovered — though courts apply this narrowly in accident cases.
- Defendant’s absence: If the at-fault party leaves Colorado after the injury and before the suit is filed, the time of their absence may not count toward the limitations period.
- Legal disability: If the injured person is under a legal disability (such as a serious mental incapacity) at the time of the injury, the statute may be tolled.
These exceptions are fact-specific. Do not assume they apply to your situation without speaking to an attorney.
Why You Shouldn’t Wait Even If You Have Time
Insurance companies benefit from delay. The longer you wait, the more evidence fades, the weaker your documentation becomes, and the more leverage they have to offer less. Adjusters track statutes of limitations carefully — if they can run out the clock while you’re unrepresented, they will.
Beyond evidence preservation, there are also strategic reasons to act early. Many cases involve insurance coverage disputes, UIM claims, or multiple defendants whose involvement only becomes clear through early investigation. An attorney who gets involved within weeks of an accident is in a fundamentally stronger position than one who comes in two years later with a deadline looming.
Frequently Asked Questions
Q: Does the statute of limitations apply to insurance claims or just lawsuits?
The statute of limitations applies specifically to filing a lawsuit in court. You can submit an insurance claim at any time — but if negotiations break down and you need to sue, you must do so before the deadline. Many people miss the deadline because they were negotiating with an insurer and assumed that paused the clock. It does not.
Q: What if I was hit by an uninsured driver?
Your uninsured motorist (UM) claim is against your own insurer and is governed by your policy terms, but you should still act promptly. The three-year statute of limitations for personal injury under C.R.S. § 13-80-101 generally applies, and your policy may contain shorter notice requirements.
Q: I was injured but didn’t realize the full extent until later. Does that change the deadline?
Possibly, under the discovery rule — but courts apply this narrowly in accident cases where the injury itself was immediately apparent even if the full extent wasn’t. Do not rely on this exception without an attorney’s advice. The safest approach is to treat the date of the accident as the start of the clock.
Q: Can I file a claim for a car accident that happened more than three years ago in Colorado?
In most cases, no. Once the statute of limitations expires, the right to sue is permanently lost. There are rare exceptions, but they are narrow and difficult to establish. If you are anywhere near the three-year mark, contact an attorney immediately.
Don’t Let the Clock Run Out on Your Claim
Colorado’s personal injury statute of limitations is unforgiving. Missing the deadline by a single day is the same as missing it by a year — the courthouse door closes permanently. If you or a family member was injured in a Colorado accident, call Mandelaris Law at (303) 357-9757 for a free consultation. We will assess your claim, identify any deadline issues, and make sure your rights are fully protected from day one.