Like other states, Colorado has a statute of limitations for filing a car accident lawsuit. This rule often catches deserving victims off guard and may jeopardize their entire claim. At Gerash Steiner Blanton, P.C., our attorneys help file lawsuits within the statute of limitations to give your case the best chance possible. Here are some important facts about the statute of limitations for car accidents in Colorado.
The Colorado Statute of Limitations for a Car Accident
Under CRS § 13-80-101(1), plaintiffs have three years to file a personal injury lawsuit against the person responsible. After the statute of limitations for a Colorado car accident expires, the court usually denies the claim automatically. There are a few instances where the court may allow you to file later, but you need to begin the process as soon as possible. Filing before the statute expires is the best way to get the court to hear your case.
When Does the Statute of Limitations on Accident Claims Start?
Typically, the clock for the statute of limitations for a car accident in Colorado starts the day of the crash. For example, if your accident happened on January 1, 2021, you must file your claim by January 1, 2024. Generally, it’s best to start your claim as early as possible. Over time, witnesses may move on and evidence may disappear, which might make recovering compensation more challenging.
Do I Need to Report My Accident to the Police?
Absolutely. According to CRS § 42-4-1606, all drivers involved in an accident involving injuries must report it to law enforcement immediately. Even if the accident is relatively minor or only causes some property damage, you should call the police. Injuries can sometimes appear days or even weeks after an accident. Even if you file your case on time, chances are you may have trouble receiving compensation if there’s no official record of the incident.
What If a Government Worker Causes the Accident?
If you get into an accident with a government worker or entity, the process for filing a lawsuit is completely different. These entities usually have their own filing procedures that include a different statute of limitations. Before you can file a claim in court, you must start by making a claim with the government entity itself.
When you have a case against the government, CRS § 24-10-109 states that you only have 182 days to provide a notice to the agency. This notice must contain the following information:
- The name and permanent address of the claimant and their attorney;
- The date, time, location, and circumstances of the accident;
- The name and permanent address of the employee involved (if known);
- An explanation of the injuries sustained by the claimant; and
- The amount of damages being requested by the claimant.
Getting this notice correct is critical in any claim against the government. Even a single, honest mistake may bar you from damages. This is why it’s important to retain an experienced Colorado car accident attorney who knows the ins and outs of filing these specialized claims.
Need Help Filing Your Claim? Contact Us Today
Whether you have questions about the statute of limitations for a Colorado car accident or need help filing, we can help. With over 75 years of combined experience, the attorneys at Gerash Steiner Blanton, P.C. have recovered millions of dollars in compensation for clients throughout Colorado. We know how devastating accident injuries are for victims and their families. That’s why we handle 100% of your case from day one and provide a personalized experience. That means keeping our caseload low to ensure you get the personal attention you deserve.
For a free consultation, call us today or contact us online. We proudly serve Colorado clients from our practices in Denver and Evergreen.