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How Much Time Do I Have to File My Auto Case? Colorado Car Accident Statute of Limitations Explained

Posted by Michael P. Kane | Apr 15, 2024 | 0 Comments

Today's blog post discusses a question we get all the time when speaking with new clients; how much time do I have to file my case if I've been injured in a car accident in Colorado?

The short answer is the case must be filed in court within three years of the date of the auto accident. If not, you may be barred by the statute of limitations (i.e. the deadline for filing court cases). In other words, if you don't settle your claim with the insurance company within 3 years, you must file a lawsuit against the at fault party by then or you likely won't be able to. 

The three-year deadline applies to auto accidents where you are not at fault and have a claim against the other party's bodily injury policy (see this post for an explanation of the types of Colorado car insurance). 

An extra requirement to the three-year statute of limitations is when you've been injured in a car accident by a governmental agency or employee. In those instances, you must also serve a Colorado Governmental Immunity Act notice on the State within 180 days. The notice lets the government know you've been hurt by one of its employees and are pursuing a claim for those injuries. If you don't serve the proper notice within the 180-day deadline, you likely won't be able to pursue your claim against the public employee or agency.

Our strong advice is to seek personal injury representation as soon as possible after a car accident. An experienced attorney will understand the various deadlines that apply to your circumstances and can ensure your rights are protected. 

About the Author

Michael P. Kane

Mike Kane is a Colorado personal injury attorney specializing in car accidents, truck accidents and catastrophic personal injury litigation. He also represents victims of sexual assault against institutions and individuals. Mr. Kane, a third-generation lawyer and Colorado native, is a former US Marine who served a tour in support of Operation I...

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