Life can change in an instant. One minute you're cruising down I-25, the next you're staring at a crushed fender, sore ribs, and a thousand questions. Medical bills, time away from work, and the headache of dealing with insurance are stressful enough, but the biggest risk most people overlook is the legal clock. Miss the statute of limitations and the courthouse door slams shut, no matter how strong your case looks on paper.[1]
Need a statewide cheat sheet? Keep the Colorado statute of limitations guide handy while you work through the motor vehicle nuances below.
Colorado gives crash victims a bit more time than many states, but it's still a deadline with teeth. Understanding when the clock starts, how exceptions work, and why you shouldn't wait until the eleventh hour will keep your settlement strategy aligned with reality.
The three-year baseline
Colorado car accident claims, whether you're a driver, passenger, cyclist, or pedestrian, must be filed within three years when you're seeking damages for bodily injury or vehicle repairs.[1][10] The statute covers tort actions “arising out of the use or operation of a motor vehicle,” making it the default rule for almost every crash scenario you'll see in intake.
What happens if you blow that date? Courts routinely dismiss late-filed lawsuits, and insurance carriers know it. If the limitation period expires, the claim is permanently barred. No negotiation leverage, no second chances.[10]
When the clock starts ticking
In most crashes, the cause of action accrues on the date of the collision because the injury and its cause are obvious.[1][2] Colorado’s discovery rule still matters, though. If a client reasonably couldn’t detect an injury (think concussion symptoms or delayed spinal issues), the clock may start when the harm and its probable cause should have been discovered with due diligence.[2][10]
Use that nuance carefully. Discovery-based extensions invite fights over what the client “should have known.” Encourage medical evaluations early so you aren’t forced to litigate accrual arguments later.
Key exceptions and shorter deadlines
Wrongful death
Families generally have two years from the date of death to file a wrongful death action, even when a motor vehicle collision triggered the loss.[3] If the defendant committed vehicular homicide and fled the scene, the window stretches to four years, but don’t assume the longer limit applies without clear evidence of both crimes.[3]
Government defendants
Claims involving a government vehicle or employee trigger the Colorado Governmental Immunity Act. You must serve a formal notice of claim within 182 days and still file suit within two years.[4][5] Missing the notice deadline is usually fatal, even if the three-year motor vehicle statute hasn’t run.
Other injury theories
General negligence, premises liability, and other non-motor vehicle torts in Colorado carry a two-year limit.[3] If your crash claim includes a product defect, for example, brake failure, product liability allegations still have to be filed within two years.[8] Likewise, post-crash medical negligence claims fall under the medical malpractice statute, which imposes a two-year discovery rule cap and a three-year outer limit absent statutory exceptions.[9]
When the statute pauses
Tolling provisions pause the countdown in narrow scenarios. Injured minors typically have until their 21st birthday (age 18 plus the three-year period) to bring a motor vehicle claim, though a parent or guardian can file sooner.[1][6] The same statute tolls the deadline for those who are mentally incapacitated until the disability lifts.
If the at-fault driver leaves Colorado or hides to avoid service, the limitation period is tolled until they return or can be served.[7] Document attempts at service so you can prove the pause if the defense challenges your timing.
Why acting early still matters
Even with a generous three-year window, waiting undercuts your leverage. Evidence disappears, surveillance footage is overwritten, skid marks fade, and witnesses either forget or move out of state.[11] Insurance carriers know delays make it harder to prove liability, so late claims draw tougher negotiations and low offers.[11]
Quick action also keeps your medical records complete. Gaps in treatment or late diagnoses give adjusters an easy argument that something other than the crash caused the injury.[11]
Once you have the timeline dialed in, revisit the Colorado at-fault insurance playbook to line up coverage, comparative negligence, and evidence strategies that flow alongside these deadlines.