COLORADO PERSONAL INJURY FAQ:
STATUTE OF LIMITATIONS:
The Statute of Limitations refers to a time frame in which you must bring personal injury actions. In Colorado, it’s usually three years for an automobile collision and two years when you’re injured on the property of another. If the government is in any way involved in the automobile collision, or if you are injured on government property, you will need to send out a special notice. This notice is known as the Governmental Immunity Act and it generally must be sent within 182 days of the act. There are exceptions to these rules, so it is important that you speak with an attorney regarding your case for specific dates and deadlines.
What should I do immediately after a car accident?
After ensuring your safety and calling 911, exchange insurance information with the other driver and document the scene with photos. Seek medical attention, even if injuries seem minor. Do not admit fault, and contact a personal injury attorney as soon as possible to protect your rights. For more information, you can read our detailed blog on what to do after a car accident.
How long do I have to file a personal injury claim in Colorado?
The statute of limitations is typically:
- 3 years for car accident injuries involving a motor vehicle
- 2 years for other personal injury claims (e.g., slip and falls)
- If a government agency is involved (such as a city vehicle), you must file a notice within 182 days. It’s crucial to speak with an attorney quickly to ensure you don’t miss your deadline.
What if I don’t have health insurance?
You may still be able to receive medical treatment. Options can include:
- Using Med Pay coverage through your own auto insurance
- Medical providers working under a lien, meaning they wait for payment until your case settles
- Negotiating reduced fees – we can help coordinate your care so you don’t delay treatment while your case progresses.
Who pays for my medical bills after an accident?
You need to pay for all of your medical treatment or go to doctors who work on a lien. This means that they will get paid when you settle your case. It is highly important to know that the other side’s insurance does not pay for your medical bills. The other side’s insurance writes one check, and only one check, when you settle your case. They do not pay for your medical bills as they come in, so do not send your medical billings to the other side.
Will I have to repay my health insurance provider from my settlement?
Possibly. This process is called subrogation, where your health insurer may seek reimbursement from your settlement for the bills they covered. Whether and how much you repay depends on the terms of your policy and Colorado law. We help negotiate and reduce these amounts whenever possible. Under Colorado’s make whole law, if you hire an attorney, then your health insurance may need to reduce the amount they want back by a percentage that you pay the attorney. For example, if you hire an attorney on a third contingency fee, then if the health insurance wants back $10,000 , you may get to reduce this by a third, or only have to pay back $6700.
What types of compensation can I seek after a car accident?
You may be entitled to:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity Pain and suffering
- Permanent impairment
- Disfigurement
- Property damage
- Emotional distress
Every case is unique, so we’ll help you determine what applies to your situation.
What if the at-fault driver doesn’t have insurance?
You can still seek compensation through:
- Your own uninsured/underinsured motorist coverage (UM/UIM)
- Other liable third parties (e.g., vehicle owners or employers)
- Lawsuits, though, collecting can be difficult without assets
We’ll evaluate all available options to help you recover.
How is fault determined in Colorado car accidents?
Colorado uses modified comparative negligence. This means:
- If you are less than 50% at fault, you can still recover damages
- Your compensation is reduced by your percentage of fault Police reports, witness statements, and expert analysis are often used to establish fault.
You can read more about fault in our “Understanding Fault in Colorado” blog.
Should I accept the insurance company’s first offer?
Not without speaking to an attorney. Insurers often offer low settlements early on — before the full extent of your injuries or financial losses is clear. We review all offers to ensure they fairly cover your medical costs, lost income, and long-term impact.
Do I need to go to court to win my case?
Not always. Many cases are settled through negotiation or mediation. However, if the insurance company won’t offer fair compensation, we’re prepared to represent you in court and fight for what you deserve.
What does the process look like to get started?
It starts with a free consultation to evaluate your case. If we proceed, we’ll handle all communications with insurers, help coordinate medical care, and begin building your case through documentation and evidence gathering. You focus on healing — we handle the legal side.
What happens if the other side has already accepted liability in my car accident?
Even if the other party admits fault, the insurance company is still likely to dispute the value of your damages. You still need to prove your medical expenses, lost income, and other losses. Legal representation helps ensure you’re fairly compensated.
What should I do if the other party’s insurance company contacts me?
Don’t speak with them. Insurance adjusters may ask leading questions or request a recorded statement. Instead, politely inform them that you are represented and refer them to our office. We’ll take it from there and protect your interests. You also need to know that under Colorado law, it is illegal for the other side’s insurance company to try to get a recorded statement or any statement within 15 days if you are injured. Read more about this in our guide to understanding insurance tactics.
How can I get hold of you?
You can call us at 303-762-9500 in the Denver area or toll-free 800-878-7888 for those in other parts of Colorado/out of state, or fill out our contact form. We offer same-day consultations and respond quickly to emails and calls.
Please feel free to call us to get a free, no-obligation, initial consultation.
