Colorado filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 3 years |
| Vehicle and property damage | 3 years |
| Wrongful death | 2 years |
| Notice of a claim against a government | Written notice of claim to the public entity within 182 days after discovery of the injury; compliance is a jurisdictional prerequisite (C.R.S. 24-10-109(1)). Suits against public entities: 2 years (13-80-102(1)(h)). |
Car accident injury and vehicle damage claims get 3 years; the general 2-year tort period in 13-80-102(1)(a) expressly excludes motor vehicle torts. Wrongful death: 2 years (13-80-102(1)(d)), or 4 years against a driver who committed vehicular homicide and left the scene (13-80-102(2)). Official Colorado sites (leg.colorado.gov downloads) were behind a bot challenge.
If you were partly at fault
Colorado follows modified comparative negligence, 50% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were at least as much at fault as the other side (50% or more).
- With $100,000 in damages and 30% of the fault, you would recover $70,000.
- With 55% of the fault, you would recover $0, because the rule bars your claim.
Barred at 50% (plaintiff's negligence must be less than defendant's). Damages diminished by plaintiff's share.
Source: C.R.S. 13-21-111(1). Compare all states in the comparative negligence table.
At-fault (tort) state
In Colorado the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.
Colorado repealed its no-fault law effective July 1, 2003 and is a tort state; MedPay is default but rejectable, so pipRequired false.
Minimum car insurance in Colorado
$25,000 per person and $50,000 per accident for injuries, $15,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.
Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Division of Insurance: 'Uninsured and underinsured motorist coverage will be included in your policy unless you reject it in writing', so UM is not mandatory.
Damage caps
Colorado caps noneconomic damages: $1,500,000 for civil actions filed in 2025 or claims accruing on or after Jan 1, 2025 (excludes medical malpractice and wrongful death, which have separate caps), to be inflation-adjusted Jan 1, 2028 and every 2 years. Earlier claims: $250,000 (court may raise to $500,000 on clear and convincing evidence), CPI-adjusted; for claims accruing Jan 1, 2024 to Dec 31, 2024 the adjusted figure is $729,790 (max $1,459,600). Punitive damages: Exemplary damages may not exceed actual damages; court may increase to up to 3x actual damages for continued willful and wanton conduct during the case (C.R.S. 13-21-102)
Derivative noneconomic damages (e.g. loss of consortium) require clear and convincing justification.
Dog bite law
Mixed rule. Strict liability only for bites causing serious bodily injury or death, and only for economic damages (medical bills, lost wages), regardless of the dog's known viciousness. Statutory exceptions exist (e.g., trespassers, provocation, veterinary/dog professionals, police/military dogs, posted warnings on owner property). Pain and suffering and minor bites require a common-law negligence or known-propensity claim.
Source: C.R.S. 13-21-124(2). Estimate a claim with the dog bite calculator.
Frequently asked questions
How long do I have to file a car accident claim in Colorado?
3 years from the accident for an injury lawsuit and 3 years for vehicle damage (C.R.S. 13-80-101(1)(n)(I); C.R.S. 13-80-102(1)(a), (1)(d), (2); C.R.S. 24-10-109(1)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.
Is Colorado a no-fault state?
No. Colorado is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.
What happens if I was partly at fault in Colorado?
Colorado follows modified comparative negligence, 50% bar (C.R.S. 13-21-111(1)). Your damages are reduced by your percentage of fault, and you recover nothing if you were at least as much at fault as the other side (50% or more).
What is the minimum car insurance in Colorado?
$25,000 per person and $50,000 per accident for injuries, $15,000 for property damage (25/50/15).
Does Colorado cap pain and suffering damages?
Yes: $1,500,000 for civil actions filed in 2025 or claims accruing on or after Jan 1, 2025 (excludes medical malpractice and wrongful death, which have separate caps), to be inflation-adjusted Jan 1, 2028 and every 2 years. Earlier claims: $250,000 (court may raise to $500,000 on clear and convincing evidence), CPI-adjusted; for claims accruing Jan 1, 2024 to Dec 31, 2024 the adjusted figure is $729,790 (max $1,459,600).
Sources
Checked against official Colorado sources November 5, 2026.
- Colorado statute of limitations: C.R.S. 13-80-101(1)(n)(I); C.R.S. 13-80-102(1)(a), (1)(d), (2); C.R.S. 24-10-109(1)
- Colorado comparative fault: C.R.S. 13-21-111(1)
- Colorado insurance system: C.R.S. 10-4-620; Colorado Division of Insurance auto insurance page
- Colorado damage caps: C.R.S. 13-21-102.5(3)(a)(II), as amended by HB24-1472; Colorado Secretary of State certificate of adjusted damage limitations (Jan. 27, 2026)
- Colorado dog bite liability: C.R.S. 13-21-124(2)