In the critical days after a motor vehicle crash, it’s easy to get caught up in the chaos — doctor visits, insurance calls, damage estimates, endless “to-dos.” But while you’re trying to recover, the clock on your car accident claim in Colorado is already ticking.
If you wait too long, you could lose your right to compensation altogether, no matter how clear the other driver’s fault is. So, how long do you have to file a car accident claim? In most cases, three years. But this timeline can shift depending on where it happened, who was involved, and what you do next.
At Schofield & Green Law, we understand that timing is everything after a car crash. As the top auto accident attorneys in Colorado Springs, we help Colorado drivers take the right legal steps at the right time. Because you should never have to miss your window to recover the compensation you’re entitled to.
Overview
- Why Colorado Sets a Three-Year Deadline
- Insurance Deadlines Come First
- Exceptions That Could Change the Clock
- What Happens If You Miss the Deadline
- How to Protect Your Claim Before Time Runs Out
- Why Having an Auto Accident Attorney Matters After a Crash
- Frequently Asked Questions About Filing a Car Accident Claim
Why Colorado Sets a Three-Year Deadline
Every state limits how long you have to take legal action after a car accident — and in Colorado, that limit is three years. The rule comes from Colorado Revised Statutes § 13-80-101(1)(n), which governs lawsuits involving injuries or property damage from a motor vehicle crash.
At its core, this law exists to protect fairness. Over time, evidence fades and memories blur. Skid marks wash away, medical records become harder to trace, and witnesses move on with their lives. By setting a clear window to act, the law ensures both sides have access to reliable evidence and a fair chance to present their case.
Insurance Deadlines Come First
Here’s where most people get caught off guard: insurance deadlines aren’t the same as legal ones.
While you have three years to file a car accident lawsuit, your insurance company may require you to report the motor vehicle crash within just a few days or weeks, especially if it involves uninsured or underinsured motorists (UM/UIM) coverage. Miss that notice window, and they can deny your car accident claim entirely.
Exceptions That Could Change the Clock
Not every car accident claim in Colorado follows the same timeline. Certain circumstances can shorten or extend your filing window:
- Government vehicles: If your crash involved a city, county, or state employee, you only have 180 days to file a notice under the Colorado Governmental Immunity Act.
- Wrongful death: If the crash was fatal, families typically have two years from the date of death to bring a claim.
- Minors or incapacitated victims: The clock may pause until the person turns 18 or regains capacity.
- Hidden or late-discovered injuries: Rarely, the “discovery rule” extends the auto accident lawsuit deadline if the injury couldn’t have been reasonably known sooner.
Each exception has nuances, and missing one can cost you your car accident case.
What Happens If You Miss the Deadline
Once the deadline passes, your rights vanish with it. Courts will dismiss your case, insurers won’t negotiate, and you’ll be left paying for the fallout — medical bills, lost wages, pain and suffering, and property damage — all out of pocket.
There are few exceptions. Even strong evidence won’t matter if your claim isn’t filed in time. Acting early is the only way to make sure your story still counts.
How to Protect Your Claim Before Time Runs Out
The best defense against missed deadlines is preparation. Here’s what you need to do after a car crash:
- Seek medical attention immediately. Even minor pain can become major later, and documentation is key.
- Report the crash promptly to both law enforcement and your insurer.
- Preserve evidence. Take photos, keep repair receipts, and save every record.
- Avoid quick settlements or recorded statements before consulting a car accident attorney.
- Contact a car accident lawyer early. They’ll monitor every insurance deadline and make sure your case stays protected from day one.
Why Having an Auto Accident Attorney Matters After a Crash
Even straightforward car accident claims can become complicated quickly. Insurance companies act fast, deadlines overlap, and one missed detail can reduce the value of your case. Having an experienced auto accident attorney by your side ensures the process protects you — not the insurance company.
Insurance Companies Move Fast — and Not in Your Favor
Filing a car accident claim in Colorado might seem simple — until the fine print starts working against you. Insurance companies move quickly after a crash, gathering statements and evidence to minimize what they owe. An experienced auto accident attorney makes sure that process protects you, not them.
Your Attorney Protects Evidence and Your Medical Record
A lawyer helps preserve key evidence, document medical treatment, and handle the back-and-forth with insurers so you don’t have to. They also understand how to calculate the true value of your claim — not just today’s bills, but future medical care, emotional distress, and lost income that often go overlooked in quick settlements.
Your Rights Only Matter If Someone Enforces Them
According to the Colorado Division of Insurance, policyholders have important rights when dealing with auto insurers — but those rights are only effective when enforced. An accident attorney ensures deadlines are met, documentation is complete, and insurers are held accountable to those standards.
People Who Go It Alone Settle for Less — Every Time
The truth is simple: most people who walk this road alone settle for far less than the law allows. Having representation doesn’t just mean having someone to speak for you — it means having someone to fight for what’s fair.
Don’t Let the Clock Run Out On Your Car Accident Case
Time is one of the biggest threats to your auto accident case — but it’s also the easiest one to beat if you act now.
At Schofield & Green Law, we build your case from the ground up. Our team collects critical evidence, consults with experts, and pushes back when insurance companies try to lowball your settlement. We make sure the full story of your recovery is seen, heard, and compensated.
Your time to act is limited, but your options aren’t — not with the right team in your corner. Contact Schofield & Green Law today for a free case evaluation. We’ll walk you through your timeline, your rights, and the next steps toward the justice you deserve.
Frequently Asked Questions About Filing a Car Accident Claim
How long after an accident can you make a claim?
In most cases, you have three years from the date of the motor vehicle crash to file a car accident claim in Colorado. This deadline is known as the statute of limitations and is outlined in Colorado Revised Statutes § 13-80-101(1)(n). That three-year window applies to most personal injury and property damage cases resulting from a motor vehicle collision. However, certain traffic collisions — like those involving government vehicles or wrongful death — may have shorter time limits. Acting quickly helps preserve evidence and ensures your claim remains valid.
What happens if I don’t report a car accident within 24 hours?
Colorado law requires you to report any crash that causes injury, death, or property damage immediately. If you fail to report the accident within 24 hours, you could face legal penalties or have difficulty proving your version of events later. Insurance companies also rely on timely police reports to evaluate liability and damages. Delaying that report can make it harder to get fair compensation or even lead to your claim being denied.
Is it better to not file an insurance claim?
Sometimes drivers hesitate to report minor accidents to avoid premium increases — but skipping an insurance claim often backfires. Even small fender benders can cause hidden injuries or internal vehicle damage. Filing a claim ensures the incident is documented, which protects you if medical symptoms appear later or the other driver changes their story. Colorado’s Division of Insurance also reminds drivers that reporting claims promptly is part of your policyholder responsibility and protects your right to coverage.
What if the other driver doesn’t have insurance?
If you’re hit by an uninsured or underinsured driver, you can still pursue compensation through your own UM/UIM (Uninsured/Underinsured Motorist) coverage. Many policies in Colorado include this protection, which steps in to cover your medical expenses, vehicle damage, and lost wages. These cases can be complex, especially when determining coverage limits, so acting quickly is key to meeting policy deadlines and state requirements.
Can I file a claim if I didn’t realize I was injured right away?
Yes. It’s common for injuries — especially whiplash, concussions, or soft tissue damage — to surface days or even weeks after a collision. As long as you’re within the statute of limitations, you can still pursue a car accident claim. That’s why it’s important to get checked by a doctor right after the crash and to document all medical evaluations. Delayed symptoms don’t invalidate your case, but they do make evidence collection more time-sensitive.
What if I miss the three-year deadline?
If the statute of limitations expires before you take legal action, your claim will almost certainly be dismissed — no matter how strong your evidence is. Courts enforce these deadlines strictly to ensure fairness and accuracy in the legal process. Missing the window means you lose your right to recover compensation for medical costs, lost wages, or pain and suffering. To avoid that risk, it’s best to start your auto accident claim as soon as possible and track every key date from day one.
Can someone else file a claim on my behalf?
In certain circumstances, yes. If the injured person is a minor, legally incapacitated, or deceased as a result of the crash, a parent, guardian, or estate representative can file the claim on their behalf. The deadlines for these cases may differ slightly, so it’s crucial to confirm the correct filing window early.
