Statute of Limitations in Colorado Car Accidents
When you’ve been involved in a car accident, it’s crucial to know that you generally have three years to file a lawsuit with a car accident lawyer in Fort Collins. This time frame is known as the statute of limitations.
(1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter….
(n)
(I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1)
Three years might seem like plenty of time, but it’s important to act as quickly as you can – if you miss the deadline, you will miss the chance to recover compensation from the other party, no matter how clear it is that they were at fault.
The Discovery Rule in Colorado
In Colorado, the discovery rule provides an important exception to the standard statute of limitations. This rule allows the countdown of the limitations period to start from the date when the injury and its cause were either known or should have been known, had the injured party acted with reasonable diligence.
13-80-108. When a cause of action accrues.
(1) Except as provided in subsection (12) of this section, a cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence
Simply, if an injury or its origin is not immediately obvious, you get extra time to take legal action once you become aware of it. This rule helps ensure that individuals have a fair chance to seek justice, even when it isn’t immediately clear that you’ve been injured in a car accident.
Other Exceptions to Colorado’s Car Accident Statute of Limitations
In Colorado, there are several other exceptions to the standard statute of limitations for car accidents, which can affect when the limitations period begins to run. Common ones include the following:
Injured Part is a Minor
If an individual involved in a car accident is a minor, the statute of limitations may not start until they turn 18, allowing them additional time to file a lawsuit.
Injured Party is Disabled/Mentally Ill
For individuals who are disabled or mentally ill at the time of the accident, the statute of limitations may not commence until they are no longer disabled or mentally ill, providing them the opportunity to address their legal claims once they are capable.
(c) If the disability of any person is terminated before the expiration of the period of limitation in paragraph (a) of this subsection (1) and no legal representative has been appointed for him, such person shall be allowed to take action within the period fixed by the applicable statute of limitations or within two years after the removal of the disability, whichever period expires later.
Responsible Party is Government/Public Entity
When an accident involves a government or public entity, claimants must provide written notice of their intent to file a claim within 182 days of sustaining an injury.
24-10-109. Notice required – contents – to whom given – limitations.
(1) Any person claiming to have suffered an injury by a public entity or by an employee thereof while in the course of such employment, whether or not by a willful and wanton act or omission, shall file a written notice as provided in this section within one hundred eighty-two days after the date of the discovery of the injury, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury. Compliance with the provisions of this section shall be a jurisdictional prerequisite to any action brought under the provisions of this article, and failure of compliance shall forever bar any such action.
Failure to meet this requirement can bar them from pursuing legal recourse.
Fraud/Misrepresentation/Concealment By Defendant
In cases where fraud, misrepresentation, or concealment has occurred, the statute of limitations does not begin until the fraud is discovered or should have been discovered through reasonable diligence, protecting victims from being unfairly limited by concealment tactics.
Defendant is Outside Colorado
If the defendant leaves the state of Colorado after the car accident and is avoiding being served, the statute of limitations timeline may be extended until they return to the state.
13-80-118. Absence or concealment of a party subject to suit.
If, when a cause of action accrues against a person, the person is out of this state and not subject to service of process or has concealed himself, the period limited for the commencement of the action by any statute of limitations shall not begin to run until he comes into this state or while he is so concealed. If, after the cause of action accrues, he departs from this state and is not subject to service of process or conceals himself, the time of his absence while not subject to service of process or the time of his concealment while not subject to service of process shall not be computed as a part of the period within which the action must be brought.
This extension is known as the “tolling” of the statute and is designed to ensure that individuals are not unfairly disadvantaged by the absence of a defendant from the jurisdiction.
If you’ve been involved in a car accident, determining the statute of limitations isn’t as easy as it seems. Make sure you reach out to a Fort Collins personal injury lawyer as soon as possible. Contact us today to schedule a free consultation.