Car Accident Statute of Limitations in Colorado
Last verified 2026-07 · Source: C.R.S. § 13-80-101(1)(n) ✓ verified · 3 sources
The deadline
3 years
from the date both the injury and its cause are known or should have been known, under C.R.S. § 13-80-101(1)(n).
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If you're researching car accident lawsuits in Colorado, the single most important number is 3 years. That's how long C.R.S. § 13-80-101(1)(n) gives you to file a car accident lawsuit, counted from the date both the injury and its cause are known or should have been known. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Colorado Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 3 years | C.R.S. § 13-80-101(1)(n) |
| Credit Card Debt | 6 yrs | Colo. Rev. Stat. § 13-80-103.5(1)(a) |
| Medical Malpractice | 2 yrs | C.R.S. § 13-80-102.5 |
| Wrongful Death | 2 yrs | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
| Personal Injury | 2 yrs | C.R.S. § 13-80-102(1)(a) |
| Dog Bite | 2 yrs | C.R.S. § 13-80-102 |
| Slip and Fall | 2 yrs | C.R.S. § 13-80-102 |
| Defamation | 1 yr | C.R.S. § 13-80-103(1)(a) |
| Breach of Contract | 3 yrs | Colo. Rev. Stat. § 13-80-101(1)(a) |
| Medical Debt | 6 yrs | C.R.S. § 13-80-103.5 |
When the Clock Starts
In Colorado, the limitations period for car accident lawsuits generally begins on the date both the injury and its cause are known or should have been known. Colorado recognizes a discovery rule for this claim type: Colorado codifies a discovery rule: a personal-injury claim accrues on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence (C.R.S. § 13-80-108(1)).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Under the Colorado Governmental Immunity Act, a written notice of claim must be filed within 182 days after discovery of the injury before suing any public entity or employee (C.R.S. § 24-10-109).
- Damage caps: Noneconomic damages in tort actions accruing on or after January 1, 2025 are capped at $1.5 million (inflation-adjusted biennially starting 2028) under C.R.S. § 13-21-102.5 as amended by HB 24-1472.
Motor-vehicle tort claims get a special three-year limitations period (C.R.S. § 13-80-101(1)(n)) instead of Colorado's general two-year personal-injury statute, and HB 24-1472 (signed June 3, 2024) raised the noneconomic-damages cap to $1.5 million and the wrongful-death cap to $2.125 million for claims accruing on or after January 1, 2025.
Source: C.R.S. § 13-80-101(1)(n), official Colorado statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Colorado government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Colorado Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Colorado | 3 years | C.R.S. § 13-80-101(1)(n) |
| Wyoming | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207(3) |
| Kansas | 2 yrs | K.S.A. § 60-513(a)(4) |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) |
| New Mexico | 3 yrs | N.M. Stat. Ann. § 37-1-8 (NMSA 1978) |
| Utah | 4 yrs | Utah Code § 78B-2-307(4) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Colorado?
You have 3 years from the date both the injury and its cause are known or should have been known, under C.R.S. § 13-80-101(1)(n).
Can I still sue after 3 years in Colorado?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in Colorado?
Yes. Colorado codifies a discovery rule: a personal-injury claim accrues on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence (C.R.S. § 13-80-108(1)).
What if the victim was a minor?
Colorado generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Under the Colorado Governmental Immunity Act, a written notice of claim must be filed within 182 days after discovery of the injury before suing any public entity or employee (C.R.S. § 24-10-109).
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Sources
- Official Colorado Revised Statutes, Title 13 (official OLLS publication, Colorado General Assembly) — contains § 13-80-101
- Corroborating C.R.S. § 13-80-101 (Colorado Revised Statutes) — Justia
- Corroborating C.R.S. § 13-80-101 — Colorado Public.Law
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Colorado attorney.