Why does the statute of limitations matter?ย
Because deadlines control your rights. If you miss the filing window for a Colorado car-crash injury claim, the court can dismiss your case even if liability is clear. ย
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How long do I have to file after a car crash in Colorado?ย
For most motor-vehicle crash injury claims, Colorado gives you three years from the date the crash.
By contrast, most other personal-injury claims (like general negligence or slip-and-fall) have a two-year deadline.
Plain English: car-crash injuries = three years; most other injury claims = two years.
When does the โclockโ start?ย
Usually on the date of the crash (the day your claim accrues). Some situations delay the start:ย
- Discovery rule. If you could not reasonably discover your injury or its cause right away, accrual can begin when you discover (or should have discovered) the injury/defect. This rule often arises in complex injury scenarios.ย
- Minors or persons under disability. Colorado tolls (pauses) deadlines for minors and certain disabled persons under C.R.S. ยง 13-81-103. For minors, the period starts when the disability ends and, in many cases, they have the longer of the normal statute or two years after turning 18. See the Colorado Supreme Courtโs explanation in Kinslow v. Mohammadi (2024).
Because tolling and accrual can be fact-specific, get legal advice early.ย
What if the crash involved a government vehicle or employee?ย
Special notice rules apply. Under the Colorado Governmental Immunity Act, you must serve a written notice of claim within 182 days of discovering the injury. Missing this notice can bar the claim, even if the normal statute has not run.
What Happens If the Hit-and-Run Driver Isnโt Found Right Away?ย
Hit-and-run drivers often leave the scene before anyone can catch a glimpse of their license plate, let alone their identity. If the responsible driver vanishes into thin air, youโre not completely out of luck. Law enforcement will do their best detective workโreviewing surveillance footage, piecing together eyewitness accounts, and sometimes following the trail of left-behind car parts or paint chips like an automotive Hansel and Gretel.ย
But what about the statute of limitations in these situations? The clock still starts ticking from the date of the accident, not from when the driver is found. If the person behind the wheel goes off the grid or skips town to dodge prosecution, courts may โtollโ (pause) the statute of limitations, buying more time for investigators to find the culprit and bring a case. This process helps ensure that justice doesnโt get sidelined just because someone is trying to hide.ย
If youโre dealing with a hit-and-run and the other driver hasnโt been identified, keep all records from the scene, cooperate with law enforcement, and donโt hesitate to contact an attorney to help you navigate the next steps.ย
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What happens if I wait too long?ย
You may lose the right to recover medical bills, lost wages, pain and suffering, and other damages. Evidence can also go missing, and insurers may gain leverage against you. Filing within the deadline protects your claim.ย
How can I protect my rights right now?ย
- Get medical care and follow your doctorโs instructions.ย
- Preserve evidence (photos, vehicle data, witness info).ย
- Avoid recorded statements until you speak with counsel.ย
- Call an attorney quickly to confirm your exact deadline and any exceptions that may apply to your facts.ย
โEarly action lets us preserve proof and stop insurance tactics before they start,โ says Jason Jordan, trial lawyer and founder of Jordan Law.ย
Talk to a Denver-area car accident lawyer todayย
If a negligent driver hurt you, weโre ready to help.ย
โ Free consultation
โ No fees unless we win
โ Courtroom Tested, Client Approvedย
