Why You Must Act Fast: Colorado’s 3-Year Car Accident Statute
After a car accident in Colorado Springs, your first priorities are probably medical care, vehicle repair, and figuring out what just happened. But while those immediate concerns are valid, it’s just as important to understand that you’re racing against a legal clock.
Colorado law gives you a three-year window to file a claim after a motor vehicle collision. That may sound like plenty of time—until it’s not.
This legal deadline is the Colorado car accident statute of limitations, and it plays a pivotal role in your ability to recover damages. Miss it, and your right to compensation may disappear entirely.
Here’s what you need to know about filing a claim in Colorado, why taking prompt action is essential, and how the legal guidance of a personal injury attorney can help protect your rights.
What Is the Statute of Limitations and Why Does It Matter?
A statute of limitations sets a time frame for filing legal action after an incident. In Colorado, the statute for car accidents is three years from the date of the crash. This is longer than the general two-year statute for other personal injury claims, which makes sense since vehicle-related injuries aren’t always immediately apparent.
It’s important to remember that if you fail to file within this three-year window, your case may be dismissed, regardless of how strong your evidence is.
The Risks of Waiting to File a Claim
Too often, crash victims wait until the last minute to begin the legal process, thinking they’ll only file a claim if things get worse. But that can be a costly mistake for various reasons.
Lost or Fading Evidence
Witnesses forget what they saw. Road conditions change. Surveillance footage is deleted. The longer you wait, the harder it becomes to gather compelling evidence that supports your version of events.
Medical Documentation Gaps
Insurance adjusters look for any excuse to minimize your payment. For example, if you delay treatment or fail to connect your injuries to the crash, they may argue that your condition wasn’t serious or wasn’t related to the accident at all.
Insurance Company Tactics
Delays can give insurers more room to stall, deny, or undervalue your claim. Acting fast prevents them from gaining the upper hand during negotiations.
Exceptions to the Three-Year Deadline
There are exceptions and nuances to Colorado’s statute of limitations. Here are a few situations where time might tick faster or slower:
- Government entities involved: If a city, county, or state vehicle was part of the crash, special rules apply. You may need to file a notice within 180 days under the Colorado Governmental Immunity Act.
- Wrongful death claims: If someone dies due to accident injuries, the statute is two years from the date of death, not the crash.
- Minor victims: If a minor is injured, the statute may be extended until they turn 18, though it’s still advisable to act long before then.
Each of these exceptions impacts the legal deadlines for injury claims and requires a clear legal strategy. That’s where experienced representation comes in.
Fast Legal Guidance Can Make a Big Difference
Consulting with a personal injury attorney right after a Colorado Springs car crash doesn’t necessarily mean you’re filing a lawsuit immediately. It means you’re protecting your rights from the outset.
A knowledgeable PI attorney can:
- Evaluate your injuries and determine if they meet the threshold for filing
- Handle all communication with insurance companies so you don’t say something that could hurt your case
- Gather medical records, police reports, and expert witness statements while the evidence is still fresh
- Determine the proper filing window if multiple statutes of limitations might apply
- Guide you through pre-litigation negotiation and, if necessary, take your case to trial
Compensation in a Car Accident Claim
Failing to act quickly doesn’t just affect your ability to file—it could impact the scope of damages you recover. Timely action helps build a stronger case when you are seeking:
- Medical expenses and ongoing treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage
- Loss of enjoyment of life
- Other accident-related losses
If you miss the statute of limitations, none of these damages may be recoverable, no matter how valid your claim is.
Steps to Take After a Car Accident in Colorado Springs
Whether your crash just happened or weeks have passed, there are some steps to keep in mind.
1. Seek Immediate Medical Attention
Even if you feel okay, symptoms can emerge days later. Medical documentation is key to linking injuries to your accident.
2. Document the Scene
Take photos of the crash, damage, injuries, and surroundings. If you didn’t at the time, collect what you can now, including witness information and traffic camera footage (if available).
3. Notify Insurance Cautiously
Report the accident, but don’t accept early settlement offers or make a recorded statement without speaking to a Colorado Springs car accident attorney.
4. Call a Personal Injury Attorney
The sooner you contact a legal professional, the more options you’ll have. An early legal review can uncover liability issues, ensure compliance with deadlines, and preserve evidence before it’s lost.
Avoiding Common Missteps
Victims who wait too long to file often fall into one of these traps:
- Believing they have to wait until they’ve fully healed to take legal action
- Assuming the insurance company is on their side
- Accepting a lowball offer just to move on
- Underestimating the time it takes to build a strong case
These choices can cost you the compensation you rightfully deserve.
Speak with a Colorado Springs Car Accident Lawyer Today
The Colorado car accident statute of limitations is more than just a deadline. It’s a critical legal boundary that can shape the outcome of your recovery. You have three years, but the decisions you make in the first days and weeks after a crash can make all the difference.
If you were involved in a Colorado Springs car crash, contact The Bussey Law Firm, P.C., right away so we can start investigating the accident, reach out to the insurance company, and advise you about the viability of your case.
Timothy Bussey has been featured in Super Lawyers Magazine and is recognized as a Fellow by the Litigation Counsel of America. He has also received a Gold Client Champion Award from Martindale-Hubbell.
Call (719) 475-2555 to schedule a FREE consultation with our personal injury firm. We’ve been helping people in Colorado Springs for over 30 years and can help you.
