The primary statute of limitation in an auto accident claim in Colorado is three years. This is longer than the typical negligence statute of limitation in Colorado which is two years. A statute of limitation is the time within which a claim must be filed or otherwise perfected or the right to bring that claim will be barred. There are numerous exceptions to this general rule. If you are involved in an accident with a governmental employee or entity such governmental entity must be provided notice, pursuant to statutory criteria, within 183 days of the accident or the right to pursue the governmental entity will be barred. Once notice is provided to the governmental entity the statute of limitation applies. Claims against the federal government are handled a little different and the statute of limitation in auto accidents with such federal agency is typically two years. However, it is impossible to address all possibilities.
The statute of limitations can be extended against an underinsured motorist carrier for up to two years from the time the underlying claim is resolved or when it is ultimately discovered the at fault party is uninsured. Knowing how this works, specifically when the two years starts to run, is extremely important.
Statute of limitations are extremely important and while the above is accurate in most instances it should not be relied upon and expert legal advice is recommended. Knowing whether the auto statute of limitation applies is also extremely important and seeking expert legal advice is necessary. Failure to take the proper action prior to the timeframes can bar one’s claim permanently. If you have been involved in an accident, don’t rely on this short explanation with many exceptions, seek expert legal advice.