Every Deadline That Matters After a Colorado Car Accident: A Complete Timeline
Missing a deadline after a car accident can cost you your right to compensation—permanently. Colorado law establishes specific timeframes for reporting accidents, notifying insurers, filing claims, and bringing lawsuits. Some of these deadlines are measured in days, not years.
This guide provides a complete reference to every deadline that matters, organized chronologically from the moment of impact. Bookmark it. Refer to it. Don’t let a missed deadline undermine your recovery.
Quick Reference: Critical Deadlines at a Glance
| Deadline | Timeframe |
| Report accident to police (injuries/deaths) | Immediately |
| File DR 2447 with DMV (if required) | 10 days |
| Notify your insurance company | Per policy (often 30-60 days) |
| Notice to government entity | 182 days |
| Personal injury lawsuit | 3 years |
| Property damage lawsuit | 3 years |
| Wrongful death lawsuit | 2 years |
| Lawsuit against government entity | 2 years (after notice) |
Immediate: At the Scene
Duty to Stop and Report
Under CRS 42-4-1603, if an accident results in injury or death, the driver must immediately notify local police or the Colorado State Patrol. For accidents involving only property damage, you must still stop and exchange information—and if the damage appears to exceed $1,000, you should report it to law enforcement.
Failing to stop and report is a criminal offense. For accidents involving serious injury or death, leaving the scene is a felony under Colorado law.
Within 10 Days: DMV Reporting
The DR 2447 Accident Report
Colorado law (CRS 42-4-1606) requires drivers to file a written accident report with the Colorado Department of Revenue (DMV) within 10 days if:
– The accident resulted in injury or death, OR
– The accident resulted in property damage exceeding $1,000
This report is filed using Form DR 2447. You can submit it online through the Colorado DMV website or by mail. Note that this is separate from any police report—both may be required.
Failure to file the required report can result in suspension of your driver’s license.
Within 30-60 Days: Insurance Notification
Notifying Your Insurance Company
Your auto insurance policy almost certainly requires you to notify your insurer of any accident “promptly” or within a specific timeframe—typically 30 to 60 days. This requirement applies even if you don’t plan to file a claim on your own policy.
Read your policy carefully. Failure to provide timely notice can give your insurer grounds to deny coverage. This is especially important for uninsured/underinsured motorist claims, where late notice is a common reason for denial.
Important: Notifying your insurance company is different from giving a recorded statement or accepting a settlement. You can (and should) report the accident without committing to anything else.
Within 182 Days: Government Entity Notice
The Colorado Governmental Immunity Act
If your accident involved a government vehicle or employee—a city bus, a state snowplow, a county vehicle, or a road condition that a government entity failed to address—special rules apply.
Under the Colorado Governmental Immunity Act (CRS 24-10-109), you must file a written notice of claim with the government entity within 182 days of the accident. This is roughly six months—far shorter than the standard statute of limitations.
The notice must include specific information: a description of the injury, the circumstances, the date and location, and the amount of damages claimed. Strict compliance is required. If you miss this deadline or fail to include required information, you may lose your right to sue entirely.
Government entities covered by this rule include the State of Colorado, counties, cities, towns, school districts, and other political subdivisions.
Within 2 Years: Wrongful Death Claims
If the car accident resulted in a fatality, surviving family members have a shorter window to file suit. Under CRS 13-21-201, wrongful death actions must be brought within two years of the date of death.
Note that this is measured from the date of death, not the date of the accident—which matters if the victim survived for some time before passing.
Within 3 Years: Personal Injury and Property Damage
The General Statute of Limitations
For most car accident claims in Colorado, the statute of limitations is three years:
Personal injury: CRS 13-80-102 provides a three-year limitations period for actions based on bodily injury.
Property damage: CRS 13-80-101 provides a three-year limitations period for actions to recover damages to personal property.
The clock starts running on the date of the accident. If you file a lawsuit even one day after the three-year anniversary, the court will dismiss your case. There are very few exceptions.
Special Rules for Minors
If the injured person was a minor at the time of the accident, the statute of limitations may be “tolled” (paused) until they reach age 18. However, this does not apply to all types of claims, and there are complexities involving notice requirements for government entities. If a child is involved, consult an attorney immediately.
UM/UIM Claim Deadlines
Uninsured motorist (UM) and underinsured motorist (UIM) claims against your own insurance policy are subject to the same three-year statute of limitations. However, your policy may contain additional conditions and requirements.
Some policies require you to give notice within a specific period, obtain consent before settling with the at-fault driver, or take other steps to preserve your rights. Review your policy carefully and consult with an attorney if you’re pursuing a UM/UIM claim.
Practical Deadlines That Aren’t Legal Requirements
Beyond the legal deadlines, practical considerations create urgency:
Evidence preservation: Surveillance footage is typically overwritten within 7-30 days. Vehicle damage is repaired. Skid marks fade. Witnesses’ memories deteriorate.
Medical documentation: Seeking medical treatment promptly (ideally within 72 hours) creates records linking your injuries to the accident. Delays give insurance companies ammunition.
Trucking records: Federal regulations only require motor carriers to retain driver logs for six months. Electronic data from commercial vehicles may be overwritten even sooner.
What Happens If You Miss a Deadline?
The consequences depend on which deadline you miss:
Miss the statute of limitations: Your case is barred. The court will dismiss it, and you cannot recover anything regardless of how strong your claim might be.
Miss the government notice deadline: You likely lose your ability to sue the government entity. Some limited exceptions exist, but they’re narrow.
Miss insurance notification requirements: Your insurer may deny your claim for late notice, though they must show prejudice in some circumstances.
Miss the DMV filing deadline: You may face license suspension and other administrative penalties.
Don’t Wait Until Deadlines Are Imminent
While you technically have three years to file most claims, waiting that long is almost never advisable. Evidence deteriorates. Witnesses move away or forget details. Insurance companies become more skeptical of “stale” claims. Your own memory of events fades.
The strongest claims are those pursued promptly, with fresh evidence and clear documentation.
If you have questions about deadlines or want to discuss your accident, call Flanagan Law at 720-928-9178. We offer free consultations and can help you understand exactly what steps you need to take and when.
Frequently Asked Questions
Can the statute of limitations be extended?
In very limited circumstances. If the defendant left Colorado and couldn’t be served with process, the time of absence may not count. If the injured person was mentally incapacitated, tolling may apply. But these exceptions are narrow—don’t assume they apply to your situation.
What if I didn’t know I was injured right away?
Colorado follows a “discovery rule” for some types of claims, meaning the clock starts when you knew or should have known about your injury. However, for car accidents, the injury is usually apparent (even if severity is not), so the discovery rule rarely extends the deadline significantly.
Do I need an attorney to meet these deadlines?
You can file reports and notify insurers yourself. However, an attorney can ensure nothing is missed, draft proper government notices, and preserve evidence that you might not think to protect.
Sources
Colorado Revised Statutes § 42-4-1603 (Duty to Report Accidents)
Colorado Revised Statutes § 42-4-1606 (Written Accident Reports)
Colorado Revised Statutes § 24-10-109 (Governmental Immunity Act—Notice Requirements)
Colorado Revised Statutes § 13-80-101 (Statute of Limitations—Property)
Colorado Revised Statutes § 13-80-102 (Statute of Limitations—Personal Injury)
Colorado Revised Statutes § 13-21-201 (Wrongful Death—Limitations)
Colorado Department of Revenue—Form DR 2447
