How Long Do You Have to Sue After a Colorado Car Crash?

2026-09-14 • CO Plaintiffs

In Colorado, you generally have two years from the date of a motor vehicle crash to file a lawsuit for your injuries. That deadline comes from C.R.S. 13-80-102(1)(n), which applies specifically to claims arising out of the use or operation of a motor vehicle. This trips people up because Colorado's general personal injury deadline, found in C.R.S. 13-80-101, is three years. If a crash involved a car, truck, motorcycle, or other motor vehicle, the shorter two year clock is usually the one that matters.

Why the Colorado car accident 2 year deadline is different from other injury cases

Colorado law sets different filing deadlines for different kinds of claims. These deadlines are called statutes of limitations. Miss one and a court can dismiss the case no matter how badly someone was hurt or how clearly the other driver was at fault.

Here is the part that causes confusion. Colorado's general statute of limitations for personal injury actions, C.R.S. 13-80-101, gives three years. But the legislature carved motor vehicle claims out and put them under C.R.S. 13-80-102, which gives two years. So someone who was injured in a slip and fall and someone who was injured in a rear-end collision on I-25 are working with two different calendars.

People sometimes hear "three years" from a friend, a coworker, or a general article about injury law and assume it applies to them. If the injury came from a crash, that assumption can be costly.

What "filing" actually means

The deadline is about filing a lawsuit in court. It is not about calling an insurance company, opening a claim, or sending a demand letter. An insurance adjuster can keep a claim file open, keep responding to emails, and keep discussing settlement right up to the day the deadline passes. None of that stops the statute of limitations from running. Once it expires, the leverage to negotiate largely disappears, because the other side knows a lawsuit is no longer possible.

When does the two year clock start running?

In most car crash cases, the clock starts on the date of the crash. That is the straightforward version, and it covers the majority of cases.

Colorado law does recognize that some injuries and some facts are not obvious right away. Under C.R.S. 13-80-108, a cause of action generally accrues when the injury and its cause are known or should have been known through reasonable diligence. In practice, for a collision where someone felt pain that day and went to an emergency room that week, the date of the crash and the date of discovery are the same. Cases where the two dates meaningfully differ are the exception, not the rule, and they tend to involve complicated facts.

It is worth noting that the two year period is measured in calendar years, not business days or treatment milestones. Finishing physical therapy, getting a final medical opinion, or waiting on an insurance decision does not extend it.

Situations that can change the deadline

Colorado law includes several circumstances where the standard two year period does not apply cleanly. These are general principles, and how they apply depends heavily on the specific facts.

None of these are workarounds. They are narrow rules with their own conditions, and several of them shorten the practical timeline rather than extending it.

Why waiting hurts a claim long before the deadline arrives

Even when the two year deadline is far off, delay causes real problems. Evidence does not wait.

There is also a legal reason that early facts matter in Colorado specifically. Colorado uses a modified comparative fault system under C.R.S. 13-21-111. An injured person's recovery is reduced by their percentage of fault, and if they are found 50 percent or more at fault, they recover nothing at all. Fault percentages get argued using exactly the kind of evidence that degrades over time. A case where fault is genuinely contested is a case where losing the early evidence can be the difference between a reduced recovery and no recovery.

What about damage caps in Colorado injury cases?

Filing on time is only one piece of what governs a claim's outcome. Colorado also limits certain categories of damages. Noneconomic damages, meaning things like pain, suffering, and loss of enjoyment of life, are capped at roughly $642,180 under C.R.S. 13-21-102.5. A court may raise that to approximately $1,000,000 if the plaintiff shows by clear and convincing evidence that a higher amount is justified. These figures are adjusted periodically, so the number in effect depends on when the claim arose.

Economic damages, such as medical bills and lost wages, are treated separately and are not subject to that particular cap. The interaction between caps, comparative fault, and available insurance coverage is genuinely complicated, and it is one of the more common places where general reading leads people to wrong conclusions about their own situation.

The bottom line

Colorado gives most people two years from the date of a motor vehicle crash to file suit under C.R.S. 13-80-102, not the three years that applies to other injury cases under C.R.S. 13-80-101. Negotiating with an insurer does not pause that clock. Claims involving a government vehicle can require written notice in as little as 182 days under the Colorado Governmental Immunity Act, and claims involving minors, uninsured drivers, or a death follow their own rules.

Because the exact deadline depends on who was involved, what kind of claim is being brought, and when the injury was discovered, the calendar date that applies to one crash may not apply to another that looks similar. Anyone trying to figure out where they stand is generally better served getting that date confirmed early rather than working from a general rule and hoping it fits.

This article is general information about Colorado law and is not legal advice. Laws change and every case is different. Talk to a licensed attorney about your situation.

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