# Colorado’s Statute of Limitations for Car Accidents Explained
The Short Answer
Under C.R.S. § 13-80-101(1)(n)(I), the statute of limitations for a car accident in Colorado is three years from the date of the collision — longer than the two-year deadline that applies to many other injury claims. This three-year window covers bodily injury and property damage lawsuits arising from motor vehicle use anywhere in Colorado, including Colorado Springs and El Paso County. Miss it, and courts will almost always dismiss your case permanently, no matter how strong it is.
You have three years to file a car accident lawsuit in Colorado. That’s the core rule under the statute of limitations for a car accident in Colorado, codified at C.R.S. § 13-80-101(1)(n)(I). The clock starts on the date of the crash for most cases. And here’s the part that trips people up: many Colorado injury claims — slip and falls, dog bites, general negligence — carry only a two-year deadline under C.R.S. § 13-80-102. Motor vehicle cases get an extra year. That single distinction has saved and sunk more claims than almost any other rule we deal with.
Why Colorado Gives Car Accidents 3 Years Instead of 2
Colorado carves out a specific three-year deadline for motor vehicle accidents under C.R.S. § 13-80-101(1)(n)(I), while the general personal injury statute at C.R.S. § 13-80-102 gives you only two years. The reason for the confusion is simple: online articles and out-of-state advice often quote the two-year figure, and drivers assume it applies to their crash.
It doesn’t. Any tort action for bodily injury or property damage arising out of the use or operation of a motor vehicle falls under the three-year rule. That covers rear-end collisions on Powers Boulevard, T-bone crashes at Academy Boulevard intersections, and highway pileups on I-25 near Monument. It also covers motorcycle accidents, bicycle accidents, and passenger injury claims. If a vehicle was involved, consult an attorney to confirm which deadline applies to your specific situation, because guessing wrong is fatal to a claim.
When Does the Clock Start on a Colorado Car Accident?
In most cases, the three-year clock starts on the date of the accident. Colorado law on accrual recognizes that the period can begin when you knew or reasonably should have known of the physical injury and its cause.
For a broken leg from a wreck on Highway 24 heading toward Woodland Park, accrual is obvious — it’s crash day. The complication arises with injuries that surface later: a herniated disc that flares months after impact, or a traumatic brain injury whose symptoms build slowly. Colorado law addresses accrual in these situations, but the rules are fact-specific and courts scrutinize accrual arguments closely. In our experience handling car accident cases across El Paso County, assuming the clock started the day of the crash is the safest approach unless an attorney confirms otherwise.
Exceptions That Extend the Deadline
Several situations may pause or lengthen the three-year statute of limitations, most importantly for injured minors, whose clock generally does not begin until they turn 18.
If a child is hurt as a passenger in a Security-Widefield collision, the limitations period is tolled during their minority, and they typically retain the full filing window after reaching adulthood. Two other exceptions matter. If the at-fault defendant leaves Colorado, the time they’re absent may not count against your deadline. And if a defendant fraudulently concealed their identity or involvement — common in some hit-and-run scenarios — the clock may be delayed until the concealment is discovered. These exceptions can be fact-intensive and frequently contested. That’s why Bradford Pelton PC evaluates the timeline in every case before assuming any extension applies.
The Exception That Shortens Your Deadline: Government Vehicles
If your crash involved a Colorado government entity or employee, you must file a written notice of claim within 182 days after the date of discovery of the injury under the Colorado Governmental Immunity Act, C.R.S. § 24-10-109 — roughly six months, far shorter than three years.
This applies when the other vehicle is a city bus in Colorado Springs, a county truck in Pueblo, a snowplow near Canon City, or any government-owned vehicle. Miss the 182-day notice deadline and your claim is barred entirely, regardless of how much time remains on the three-year statute. This is one of the most dangerous traps in Colorado accident law. People wait, assuming they have years, only to learn the notice window closed months ago. If a government vehicle was involved in any way, treat the deadline as six months and get legal advice immediately.
Insurance Claim Deadlines Are Not the Same as Lawsuit Deadlines
Your insurance policy deadlines are separate from — and often much shorter than — the three-year litigation statute. Policies often require you to report a crash promptly and may impose their own contractual deadlines for filing certain claims, entirely independent of the C.R.S. § 13-80-101 deadline.
This distinction confuses nearly everyone. The three-year statute governs when you can sue a person in court. Your policy governs when you must notify your insurer and pursue benefits under your contract. For uninsured and underinsured motorist claims — critical after a hit-and-run on Platte Avenue or a crash with an uninsured driver in Cimarron Hills — Colorado law addresses these situations with specific accrual and limitation provisions, and your policy language may impose its own timing rules. Reporting promptly protects both tracks. For a fuller picture of early documentation, see our overview of automobile accident claims.
What Happens If You Miss the Statute of Limitations in Colorado Springs
If you file after the three-year deadline expires, the defendant can move to dismiss, and Colorado courts will almost always grant it — permanently barring recovery even when liability is clear. “I didn’t know about the deadline” is not a legal excuse.
In 2022, El Paso County recorded 83 traffic fatalities — the highest of any Colorado county — with 27 tied to impaired driving. Many of those families had valid claims. According to CDOT data, El Paso County again led the state in 2023 with 78 traffic deaths, confirming the county’s persistent and elevated crash risk year over year. A missed deadline erases all of it. There’s no appeal for an expired statute. The right to sue simply ends. Depending on the circumstances, some insurance avenues may remain if you acted within policy timelines, but those are limited and case-specific. Under Colorado’s active 2026 legal standards, the three-year bar remains firm.
Why Waiting Until Year 2.5 Is a Serious Mistake
Even with three years, waiting is risky because evidence degrades, witnesses relocate, and building a strong case takes months before filing. In our experience, cases developed early settle better and hold up under scrutiny.
Skid marks fade. Surveillance footage from a Falcon gas station gets overwritten. A witness who saw a drunk driver run a light near Black Forest moves out of state. Colorado’s modified comparative negligence rule under C.R.S. § 13-21-111 bars recovery entirely if you’re found 50% or more at fault — so fault evidence matters enormously, and it disappears fast. That’s why Bradford Pelton PC builds cases correctly from day one, preserving witness statements and physical evidence while the clock is still running, rather than scrambling at the deadline.
Alex Kerr personally handles every case and gives an honest assessment of whether your claim is strong enough to pursue — before the statute runs. That means real evaluation, not a sales pitch. Whether your crash involved a drunk driver or a distracted one, the earlier we look at it, the more options you keep. If your accident happened within the last three years, or you’re unsure whether an exception applies, don’t wait until the deadline forces a rushed decision.
This article is for informational purposes only and does not constitute legal advice. Every case is different. Contact Bradford Pelton PC for a free consultation to discuss your specific situation.
Frequently Asked Questions
How long after a car accident can you file a claim in Colorado?
You have three years from the date of the accident to file a car accident lawsuit in Colorado under C.R.S. § 13-80-101(1)(n)(I). This is longer than the two-year deadline for many other injury claims. Insurance claim deadlines are separate and often much shorter, with policies frequently requiring notice promptly under your policy.
What is the statute of limitations for bodily injury claims in Colorado?
Bodily injury claims from a car accident carry a three-year statute of limitations in Colorado under C.R.S. § 13-80-101(1)(n)(I). However, bodily injury claims that do not involve a motor vehicle — such as slip and falls or dog bites — are governed by the two-year deadline in C.R.S. § 13-80-102. The type of accident determines which rule applies.
What is the deadline for suing a government vehicle after a crash in Colorado Springs?
You must file a written notice of claim within 182 days when a Colorado government entity or employee is involved in your crash, under the Colorado Governmental Immunity Act, C.R.S. § 24-10-109. This roughly six-month deadline applies even though the general car accident statute is three years. Missing the 182-day notice permanently bars the claim.
How long do accidents stay on your record in Colorado?
Accidents typically remain on your Colorado driving record and affect insurance rates for several years, but this is completely separate from the lawsuit deadline. Your driving record retention has no effect on the three-year statute of limitations for filing a car accident lawsuit under C.R.S. § 13-80-101. The two issues are unrelated.
Does the three-year deadline apply to uninsured motorist claims in Colorado?
Uninsured and underinsured motorist claims are governed by specific accrual and limitation provisions under Colorado law, and your insurance policy may impose its own timing requirements. These UM/UIM deadlines can differ from the three-year lawsuit statute. Because the rules are policy-specific, you should have an attorney review your coverage promptly after a hit-and-run or uninsured driver crash.