When you are involved in a car accident, it is important to know that time matters when it comes to filing a claim. Colorado law sets limits on how long you have to take legal action after a car accident. These limits are known as the statute of limitations. Understanding these laws is important because if you wait too long to file a claim, you may lose your right to seek compensation for any injuries, property damage, or other losses you suffered as a result of the accident. This guide will help you better understand Colorado’s statute of limitations for car accident cases and explain why it is important to act within the time limits. At, Law Firm of Mark S. Hanchey, we are here to guide you through the legal process and help you navigate the complexities of your case.
What is a Statute of Limitations?
A statute of limitations is a legal rule that sets a deadline for filing a lawsuit. The purpose of these rules is to ensure that legal claims are made within a reasonable amount of time. Over time, evidence can get lost, memories can fade, and it becomes harder to fairly decide what happened in an accident. The statute of limitations gives people enough time to gather evidence, consult with attorneys, and decide if they want to file a claim, but it also prevents people from waiting too long and causing complications in the legal process.
How Long Do You Have to File a Car Accident Claim in Colorado?
In Colorado, the general statute of limitations for car accident cases is three years from the date of the accident. This means that if you were injured or suffered property damage in a car accident, you have up to three years to file a lawsuit in court. If you wait longer than this three-year period, you might lose your right to bring a claim, no matter how strong your case might be.
There are some exceptions to this rule, however. For example, if the accident involved a government vehicle or if the driver responsible for the accident worked for a government agency, you may have a shorter deadline to file a claim. In these situations, you may need to act much sooner, typically within 180 days. It is important to understand these exceptions because missing these deadlines can prevent you from getting the compensation you deserve.
Why the Statute of Limitations is Important
The statute of limitations is important because it affects your ability to recover damages after a car accident. If you do not file your lawsuit within the time allowed, you may not be able to recover any compensation for medical bills, lost wages, property damage, or pain and suffering. Even if your injuries are serious and the other driver was clearly at fault, the court will likely dismiss your case if you file it after the statute of limitations has expired.
The time limit also encourages people to act quickly, which helps preserve evidence and witness testimony. The sooner you start the process of filing your claim, the easier it will be to collect important evidence such as police reports, medical records, and witness statements. It is important to act promptly to protect your rights and increase the chances of a successful outcome in your case.
Exceptions to Colorado’s Statute of Limitations for Car Accident Cases
While the general rule is that you have three years to file a car accident claim, there are exceptions that can change the time limits. One common exception is when the accident involves a minor. If the person injured in the accident is under 18 years old, the statute of limitations may be extended. The clock on the statute of limitations does not start ticking until the injured person turns 18. This means that even if the accident happened when the injured person was a child, they may have more time to file a lawsuit once they reach adulthood.
Another exception to the statute of limitations may apply if the at-fault driver leaves the state after the accident. In these cases, the time limit may be paused, or “tolled,” until the driver returns to the state. This prevents people from avoiding responsibility by simply leaving Colorado.
It is also important to note that if a fatality occurs as a result of the accident, the family of the deceased may file a wrongful death claim. The statute of limitations for a wrongful death claim in Colorado is two years from the date of death. If a loved one passes away because of injuries from a car accident, it is important to be aware of this separate deadline for legal action.
What Happens if You Miss the Deadline?
If you miss the deadline set by the statute of limitations, it can have serious consequences. In most cases, if you try to file a lawsuit after the statute of limitations has expired, the court will not allow your case to move forward. This means you will lose your right to seek compensation, regardless of how strong your case might be or how much you have suffered because of the accident.
There are very few exceptions where a court might allow a case to proceed even after the statute of limitations has expired. These are rare and usually involve situations where the injured person was physically unable to file a claim or where some type of fraud or concealment prevented the injured person from discovering important facts about the accident in time.
Missing the deadline can be devastating, especially if you are relying on compensation to cover medical bills, lost wages, or other expenses. That is why it is so important to be aware of the statute of limitations and to take action as soon as possible after a car accident.
How to Protect Your Rights After a Car Accident
To make sure you do not miss the deadline to file a claim, it is a good idea to seek legal advice shortly after the accident. A lawyer can help you understand the statute of limitations that applies to your case and can guide you through the legal process. In addition, a lawyer can help you gather the evidence you need, such as police reports, medical records, and witness statements, and negotiate with insurance companies on your behalf.
Even if you are not sure if you want to file a lawsuit, it is important to know your rights and understand the time limits that apply to your case. By getting legal advice early on, you can make informed decisions about your options and ensure that you are not caught off guard by the statute of limitations.
Why You Shouldn’t Wait to File a Claim
While it may be tempting to put off filing a claim, it is always best to act sooner rather than later. The longer you wait, the harder it may become to prove your case. Witnesses may forget important details, and physical evidence may disappear over time. Waiting also gives insurance companies more time to build their case against you and possibly deny your claim. By acting quickly, you can gather the necessary evidence and take control of your case before these challenges arise.
It is also important to consider that car accident injuries may not always be immediately apparent. Some injuries, such as whiplash or concussions, may take days or even weeks to show symptoms. By seeking medical attention right away and talking to a lawyer early in the process, you can ensure that your injuries are properly documented, which will help strengthen your case.
What Should You Do After a Car Accident?
If you are involved in a car accident, there are several steps you should take to protect your rights and increase your chances of a successful claim. First, seek medical attention right away, even if you do not think you are injured. Some injuries are not immediately obvious, and a doctor can help identify any issues that may arise later on. You should also report the accident to the police and get a copy of the police report, as this will be important evidence in your case.
Next, gather as much information as possible at the scene of the accident. This includes the contact information of the other driver, their insurance details, and any witness statements. Take photos of the accident scene, including any damage to the vehicles and any injuries you may have suffered. Contact a lawyer to discuss your options and make sure you understand the statute of limitations that applies to your case.
If you have been involved in a car accident in Colorado, it is important to act quickly to protect your rights. The statute of limitations for car accident cases can affect your ability to seek compensation, and missing the deadline can be costly. The legal process can be confusing and stressful, but you do not have to face it alone. At the Law Firm of Mark S. Hanchey, we are here to help you every step of the way. Our team understands Colorado’s car accident laws and can provide the guidance and support you need during this difficult time. Reach out to us today to schedule a consultation and take the first step toward getting the compensation you deserve.