WheelsAccident Advice

Colorado (CO)

Colorado car accident laws

By Serdar Arslan, editor · Last reviewed · How we research

Crash victims in Colorado get more time to sue than most other injured people in the state. Injury and property damage claims arising from the use or operation of a motor vehicle generally have 3 years, while many other Colorado injury claims have only 2. Wrongful death is the exception: the deadline is generally 2 years, stretching to 4 years in certain cases tied to vehicular homicide or leaving the scene of a fatal crash.

When a public entity or employee is involved, the clock runs much faster. The Colorado Governmental Immunity Act generally requires written notice within 182 days after the injury is discovered. Colorado's fault rule is strict at the midpoint: your award shrinks by your share of fault, and if your fault equals or exceeds that of the person you sue, you recover nothing, so a 50/50 split leaves you empty-handed. Colorado is an at-fault state, meaning the responsible driver and their insurer generally pay. In 2024, 689 people died in crashes on Colorado roads.

Key rules at a glance

Personal injury filing deadline
Generally 3 years for injury claims arising from the use or operation of a motor vehicle. Many other injury claims in Colorado have only 2 years.
Property damage deadline
Generally 3 years for property damage arising from the use or operation of a motor vehicle
Wrongful death deadline
Generally 2 years. The deadline is 4 years in certain cases tied to vehicular homicide or leaving the scene of a fatal crash.
Claims against a government entity
Claims against a Colorado public entity or employee generally require written notice within 182 days after the injury is discovered (Colorado Governmental Immunity Act).
Fault rule
Modified comparative fault (50% bar): Your damages are reduced by your percentage of fault, but you recover nothing if your fault is equal to or greater than the fault of the person you sue.
Insurance system
At-fault (tort)
Minimum liability insurance
$25,000 per person / $50,000 per accident bodily injury; $15,000 property damage
Uninsured motorist coverage
Not required (usually offered; you may reject it in writing)

Checking a Colorado lawyer

Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.

689 people died in motor vehicle crashes in Colorado in 2024, according to IIHS analysis of NHTSA FARS data.

Frequently asked questions

›Does Colorado really allow 3 years to sue after a car crash?

Yes, for injury and property damage claims arising from the use or operation of a motor vehicle (Colo. Rev. Stat. § 13-80-101(1)(n)(I)). Many other injury claims in Colorado have only 2 years, so the motor vehicle rule is longer than usual. Wrongful death claims generally have 2 years.

›What happens if fault is split 50/50?

You recover nothing. Colorado bars recovery when your fault is equal to or greater than the fault of the person you sue (Colo. Rev. Stat. § 13-21-111). Below that line, your damages are reduced by your percentage of fault.

›How soon must I give notice after a crash with a government vehicle?

Claims against a Colorado public entity or employee generally require written notice within 182 days after the injury is discovered, under the Colorado Governmental Immunity Act (Colo. Rev. Stat. § 24-10-109). That is far shorter than the regular 3-year deadline, so act quickly.

›Does a hit-and-run death change the wrongful death deadline?

It can. The general wrongful death deadline is 2 years, but it extends to 4 years in certain cases tied to vehicular homicide or leaving the scene of a fatal crash (Colo. Rev. Stat. § 13-80-102(1)(d) and (2)). Check the statute or ask a licensed attorney about your situation.

›Who pays for my injuries after a Colorado crash?

Colorado is an at-fault state, so the driver who caused the crash, and their liability insurer, generally pays for the losses. You can make a claim against that driver's insurance or sue the driver directly within the deadline.

Sources

  1. Colo. Rev. Stat. § 13-80-101 (via colorado.public.law)
  2. Colo. Rev. Stat. § 13-80-102 (via colorado.public.law)
  3. Colo. Rev. Stat. § 13-21-111 (via colorado.public.law)
  4. Colorado General Assembly – C.R.S. 2024, Title 13 (official PDF)
  5. IIHS – Fatality Facts 2024: State by state
  6. Colorado Supreme Court Office of Attorney Regulation Counsel – Attorney Search
  7. Colo. Rev. Stat. § 10-4-620 (minimum coverage)
  8. Colorado Office of the State Controller – CGIA summary