After a car accident on Colorado's western slope, one pressing question is, "How long do I have to file a car accident claim?" Understanding the timelines is crucial to securing the compensation you deserve. Acting within the specified time limits ensures that you preserve your legal rights and strengthens your case.

Statute of Limitations in Colorado

Personal Injury Claims

You have three years from the date of the accident to file a personal injury lawsuit related to a car accident (C.R.S. §13-80-101). This statute of limitations applies to injuries sustained by drivers, passengers, pedestrians, and cyclists involved in the accident.

Property Damage Claims

Similarly, claims for property damage resulting from a car accident are also subject to a three-year statute of limitations. This includes damage to your vehicle or other personal property affected by the accident.

Insurance Claims

The statute of limitations for breach of contract with respect to an insurance policy is generally three years from the date of the insurer’s breach.  But the statute of limitations for an insurer’s bad faith is two years from the date of the bad-faith conduct.  Thus, generally speaking, claims arising from an insurer’s breach of the policy and bad faith should be brought within two years to be safe.

Insurance Deadlines

While the statute of limitations sets the deadline for filing a lawsuit, insurance companies often require claims to be filed promptly, sometimes within days or weeks of the accident. Your insurance policy may specify:

• Immediate Notification: Inform your insurer as soon as possible after the accident.

• Proof of Loss Deadlines: Provide detailed information about the damages within a set timeframe.

Failure to meet these deadlines can result in denial of coverage, so it's essential to review your policy and act quickly.

Why Act Quickly?

• Preserve Evidence: Physical evidence can degrade, and witnesses' memories can fade over time.

• Meet Insurance Policy Requirements: Prompt action ensures compliance with policy terms, preventing potential claim denial.

• Avoid Missing Legal Deadlines: Filing within the statute of limitations is critical to maintaining your right to sue.

Conclusion

Time is of the essence after a car accident. Understanding and adhering to the required timelines for filing insurance claims and lawsuits is vital for protecting your rights. Consult an attorney promptly to ensure all deadlines are met and to receive guidance on the best course of action for your situation.

FAQs

How Long After a Car Accident Can You File a Claim?

You should file with your insurance company as soon as possible; lawsuits must be filed within three years from the date of the accident.

What Happens If I Miss the Deadline?

You may lose the right to recover compensation through a lawsuit, and your insurance company may deny your claim for failing to comply with policy terms.

Can Deadlines Be Extended?

Extensions are rare and usually only in exceptional circumstances, such as when the injured party is a minor or incapacitated. Consult an attorney to explore any possible exceptions.

Do I Need a Lawyer to File a Claim?

While not required, an attorney can help navigate deadlines, handle communications with insurers, and address legal complexities to strengthen your case.

What Is the First Step After an Accident?

Seek medical attention, then notify your insurance company about the accident. Document the scene if possible and consider consulting an attorney.