Filing Deadlines for Car Accident Claims in Boulder

If you were injured in a car accident, you may be able to recover compensation for your medical expenses, lost wages, and pain and suffering by filing an insurance claim. However, you should be aware of the filing deadlines that apply to your case. An experienced Boulder car accident lawyer can help explain these time limits and ensure you take legal action within the applicable timelines.

Call now at (720) 863-6006 for a no-obligation consultation today.

What Are Statutes of Limitations?

Statutes of limitations are time limits to take certain legal action. They can apply in civil and criminal cases.

Each state establishes these time limits. Statutes of limitations ensure that cases are pursued while they are fresh. Over time, evidence can fade and witnesses can move away. By having deadlines by which specific legal actions must be taken, cases are more likely to be based on reliable evidence. Witnesses can testify while their memories are fresh.

Statutes of Limitations for Car Accident Lawsuits

The general statute of limitations for car accident lawsuits in Colorado is three years. The clock usually begins to tick down the day after the accident.

Variations and Exceptions to the Statute of Limitations

There are various exceptions related to these filing deadlines that lengthen or shorten the statute of limitations, including:

• Cases involving minority victims – If a minor sustains an injury, the statute of limitations is generally suspended until they turn 18. Then, it begins. Therefore, child victims may have until their 21st birthday to file their claim.
• Mental incapacity – If the victim was incapacitated, the statute of limitations can be tolled. It would resume once their capacity was restored.
• Fraud or concealment – If the at-fault party fraudulently concealed the cause of action or prevented the victim from discovering the cause of the injury, the statute of limitations can be tolled until the cause of action is discovered or should have been discovered.
• Wrongful death claims – If the driver killed someone, the survivors can file a wrongful death claim within two years of the death. A Boulder wrongful death lawyer can provide legal expertise if a loved one was involved in a fatal accident.
• Government claims – In some motor vehicle accidents, city, county, or state agency workers may be involved. In these situations, special notice requirements and shorter deadlines apply. For these claims, the car accident victim must provide notice within 180 days of the accident.

Due to these complexities, it is vital that you consult a knowledgeable personal injury lawyer who can investigate your case and identify the specific time limit that applies to your case.

How Long Do I Have to File a Car Accident Claim?

Statutes of limitations generally apply to lawsuits. However, many car accident claims can be successfully resolved by filing an insurance claim. If you are filing a claim with your own insurance company, such as for Medical Payments (MedPay) coverage or uninsured motorist coverage, you must file your claim within the deadline specified in your insurance policy, if any. For third-party claims against negligent drivers, you must file your claim within the statute of limitations. However, any delay in filing your claim could potentially be used against you, so don’t delay in making the claim.

Call Our Boulder Car Accident Attorneys for a Free, No-Obligation Consultation

Daniels & Scriven, P.C. can help with first-party and third-party claims. We can handle communications with the insurance company and represent your legal interests. Contact us today at (720) 863-6006 for a free consultation to learn more about your legal rights.