How Long Do You Have To File a Car Accident Claim in Colorado?

 Posted on March 11, 2026 in Car Accident

If you were hurt in a car accident in 2026, one of the first things you need to know is how long you have to take legal action. In Colorado, there is a strict deadline to file a claim. If you miss it, you will probably lose your right to get any money for your injuries, even if the other driver was clearly at fault. 

A Fort Collins car accident lawyer at our firm can help you understand your options and make sure your rights are protected from the start.

What Is the Deadline To File a Car Accident Claim in Colorado?

In Colorado, you have three years from the date of the crash to file a personal injury lawsuit. This deadline is called the statute of limitations, and it is set by C.R.S. § 13-80-101(1)(n). If you do not file before that deadline, a court will most likely throw out your case. You would walk away with nothing, no matter how badly you were hurt or how clear the other driver’s fault was.

Claims for vehicle damage follow the same three-year rule. Whether you need help with medical bills, lost pay, or repair costs, the clock usually starts on the day of the accident.

Are There Cases Where the Deadline Is Different?

Some situations change how much time you have to file a personal injury lawsuit, such as:

• Wrongful death: If someone was killed in the crash, Colorado law under C.R.S. § 13-80-102 gives the family only two years, not three, from the date of death to file.
• Government vehicles: If the at-fault driver worked for a city, county, or state agency, you may have to file a formal notice within 182 days of the crash before you can sue. Missing this shorter deadline can end your case entirely.
• Injured minors: If the injured person was under 18 at the time of the crash, the three-year clock usually does not start until they turn 18. That means they may have until age 21 to file.
• Delayed injuries: In rare cases where an injury was not obvious right away, the clock may start from the date the injury was found or reasonably should have been found.

If any of these exceptions might apply to your case, speaking with an attorney as soon as possible is the best way to find out where you stand.

Why Is It Important To Act Quickly After a Car Accident?

Three years may sound like plenty of time, but waiting can hurt your case. Photos can get deleted. Witnesses move away or forget what they saw. Surveillance video is often erased within days or weeks of a crash. The longer you wait, the harder it becomes to prove what happened.

According to the Colorado Department of Transportation, Colorado had 492 traffic deaths in the first nine months of last year alone. Tens of thousands more crashes caused injuries that same year. Insurance companies handle a huge number of claims, and they have experienced teams working to pay out as little as possible. Getting help early gives you a much better shot at fair compensation.

What Can You Be Compensated for After a Colorado Car Accident?

If you file within the deadline, Colorado law allows you to seek money for:

• Medical bills, now and in the future
• Lost wages and reduced ability to earn
• Pain and suffering
• Property damage
• Emotional distress and loss of enjoyment of life

Keep in mind that Colorado uses a shared fault rule under C.R.S. § 13-21-111. If you were partly to blame for the crash, your payout will be reduced by your share of fault. As long as you were less than 50 percent at fault, you can still recover money. If you have questions about your case, an experienced car accident attorney can help.

Schedule a Free Consultation With a Fort Collins, CO Car Accident Lawyer

If you were hurt in a crash and are not sure how much time you have left to file, do not wait. That is where the experienced Larimer County, CO car accident attorney at Hoggatt Law Office, P.C. comes in. We offer free consultations, so call 970-225-2190 today. Attorney Hoggatt is a member of the Colorado Trial Lawyers Association.

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