Imagine this: You’re cruising down I-25 on your Harley, enjoying another beautiful Colorado day, when suddenly, everything changes in a blink. A distracted driver doesn’t see you, and boom – you’re dealing with injuries, medical bills, and a totaled bike. Legal deadlines are probably the last thing on your mind, right? But here’s the tough truth: those deadlines don’t pause for your recovery.
I’ve seen it happen too often: riders get hit twice – once by the accident, and again by missing key legal deadlines. That’s why I’m breaking down everything you need to know about Denver’s motorcycle accident statute of limitations. Seriously, knowing these time limits could be the difference between getting what you’re owed and ending up with nothing.
What Exactly Is a Statute of Limitations?
Let’s start with the basics. A statute of limitations is kind of like a legal timer that starts counting down the moment something happens. Think of it like a parking meter – but instead of just a ticket when time’s up, you completely lose your chance to get paid for what happened.
In Colorado, this timer exists for a couple of reasons. First, it helps make sure evidence is still fresh and witnesses can actually remember what went down. Second, it keeps people from just sitting on possible claims for ages. Makes sense, right? But it also means you can’t just hang back and hope things sort themselves out.
The tricky bit is that different types of claims have different time limits. It’s definitely not a “one size fits all” deal, and that’s where things can get confusing quickly.
Colorado’s Two-Year Rule for Personal Injury Claims
Here’s the big one: In Colorado, you generally have two years from the date of your motorcycle accident to file a personal injury lawsuit. Two years might sound like a ton of time, especially when you’re laid up with broken bones and physical therapy. But believe me, it zips by quicker than you’d think.
I’ve seen riders assume they had forever, only to wake up and find themselves staring down a deadline with no lawyer and a mountain of medical bills. You don’t want to be in that spot.
The two-year clock typically starts ticking on the date of your accident. So if you crashed on March 15, 2024, you’d have until March 15, 2026, to file your lawsuit. Sounds simple enough, but there are some twists that can change this whole timeline – and we’ll dig into those soon.
Property Damage Claims: A Different Timeline
Now, here’s where it gets interesting. While you have two years for personal injury claims, property damage claims (like your destroyed motorcycle) follow a different rule. In Colorado, you have three years to file a lawsuit for property damage.
This might sound like good news – more time, yay, right? Well, kinda. While you technically have more time for property damage claims, you really don’t want to wait that long. Insurance companies are famous for “losing” paperwork, and people just plain forget stuff. Plus, if you’re dealing with both injuries and a messed-up bike from the same crash (which you probably are), it just makes sense to take care of everything at once.
When the Clock Stops: Discovery Rule Exceptions
Sometimes life throws you a real curveball, and the usual two-year rule just doesn’t quite fit. Colorado recognizes something called the “discovery rule” for certain situations.
Let’s say you walked away from your accident thinking you were fine – maybe a little sore, but nothing serious. Then, six months later, you start having severe back pain that doctors trace back to the crash. In some cases, the statute of limitations might start from when you discovered the injury, not from the accident date.
But here’s the kicker: this exception is pretty specific, and you’ll need really good medical proof to make your case. Don’t bet on this saving your bacon if you just dragged your feet getting help.
The Government Exception: When You’re Hit by a City Vehicle
Got hit by a city bus, police car, or other government vehicle? The rules totally change. Colorado has something called the Colorado Governmental Immunity Act, and it’s not exactly rider-friendly.
If a government entity or employee caused your accident, you typically have only 180 days (that’s about six months!) to file a formal notice of claim. Miss this window, and you’re likely out of luck, period. This is one situation where you absolutely cannot afford to wait around and see how things develop.
I really can’t say this enough – if any government vehicle or employee was involved in your accident, you need legal help right away. Don’t wait, don’t even think about it, just pick up the phone.
Hit-and-Run Accidents: Special Considerations
Hit-and-run accidents are unfortunately common with motorcycles. Maybe the driver panicked, maybe they were under the influence, or maybe they just didn’t care. Either way, you’re left picking up the pieces.
The good news is the statute of limitations still works the same way – two years for injury claims. But hit-and-run cases often involve uninsured motorist claims with your own insurance company, and those can have different deadlines and requirements.
Your own insurance policy might require you to report the accident within 30 days, or you could lose coverage. Some policies are even tighter on time. That’s why you need to read your policy closely and report accidents right away, even if you’re not sure you want to file a claim just yet.
Minor Victims: Extended Deadlines
If the accident victim is under 18, Colorado extends the statute of limitations. The two-year clock doesn’t start ticking until the person turns 18. So if a 16-year-old gets hurt in a motorcycle accident, they’d have until their 20th birthday to file a lawsuit.
This makes total sense – we can’t expect kids to understand legal deadlines and make these big decisions. But if you’re the parent or guardian of a child who got hurt, don’t just assume you can kick back and wait. Evidence disappears, witnesses move away, and insurance companies become less cooperative over time.
Wrongful Death Claims: A Different Timeline
Okay, this next part is tough to talk about, but it’s really important. If your loved one died in a motorcycle accident, Colorado gives you two years from the date of death to file a wrongful death lawsuit. Not from the day of the crash – it’s from the day they passed.
Sometimes these dates are the same, but not always. If someone survives the initial crash but dies weeks or months later from their injuries, the wrongful death statute of limitations starts from the later date.
Wrongful death cases are incredibly complicated, both legally and emotionally. If you’re going through this, please don’t try to handle it all by yourself. The team at McCormick & Murphy has decades of experience helping families through these incredibly tough times.
Why Waiting Hurts Your Case
Even if you’re well within the time limit, dragging your feet can seriously mess up your case. Here’s why:
- Evidence disappears. Skid marks disappear, debris gets swept away, and security camera footage gets wiped. The accident scene changes, sometimes dramatically.
- Witnesses forget. That person who saw exactly what happened? Six months later, they might not recall key details. A year later, they might not remember anything helpful at all.
- Insurance companies get comfortable. The longer you wait, the more time insurance companies have to build their case against you. They’re not just sitting around – they’re investigating, talking to witnesses, and looking for every way to pay you less.
- Medical records become harder to connect. If you wait months to get treatment, insurance companies will argue your injuries weren’t that bad, or worse, weren’t even from the accident.
Common Mistakes That Cost Riders
I’ve seen these slip-ups happen again and again, and every single one is avoidable:
- Thinking you have plenty of time. Two years sounds like a lot, but it’s really not. Between healing, wrangling with insurance, and just trying to get your life back on track, time vanishes in a flash.
- Assuming your insurance will handle everything. Your insurance company isn’t your personal lawyer. They’re protecting their bottom line, not looking out for your best interests.
- Waiting to see if you’ll get better. Some injuries don’t show their true colors for months. By the time you realize how serious things really are, you could be running out of time.
- Not documenting everything. Jot down everything – medical appointments, chats with insurance companies, time you missed from work, literally everything. You’ll thank yourself later for having this info.
- Trying to handle it yourself. Motorcycle accident cases are complex. Insurance companies have teams of lawyers and investigators. You need someone in your corner who really knows the ropes.
What to Do Right After Your Accident
If you’re reading this after a recent accident, here’s a quick action plan for right now:
- Get medical attention. Even if you feel fine, get checked out. Adrenaline can mask serious injuries, and having medical records from right after the accident is super important for your case.
- Document everything. Take photos of the scene, your bike, your injuries, everything. Get contact information from witnesses. Write down exactly what happened while it’s fresh in your memory.
- Report the accident. Call the police and your insurance company. Don’t admit fault or give detailed statements to the other driver’s insurance company without chatting with a lawyer first.
- Keep detailed records. Save every medical bill, every receipt, every piece of paperwork related to your accident. Create a file and put everything in it.
- Contact a lawyer. You don’t have to hire anyone immediately, but at least talk to someone who knows motorcycle accident law. Most personal injury attorneys offer free consultations, so there’s no risk in getting advice.
Insurance Company Tactics to Watch Out For
Look, insurance companies aren’t evil villains, but they are businesses whose goal is to pay out as little as possible. Here are some tricks they often use:
- Quick settlement offers. They might offer you a check within days of your accident, before you even know how badly you’re hurt. These early offers are almost always way too low.
- Requesting recorded statements. They’ll ask you to give a recorded statement about what happened. What they won’t tell you is they’ll use that statement to try and pay you less later on.
- Surveillance. Don’t be surprised if they investigate your social media or even conduct physical surveillance. That photo of you walking your dog could be used to argue your back injury isn’t all that bad.
- Delay tactics. Sometimes they’ll just drag their feet, hoping you’ll get desperate and take a lowball offer.
How McCormick & Murphy Can Help
Kirk McCormick and Jay Murphy have been in the trenches, fighting for injured riders since 1995. With over 60 years of combined experience, they get both the legal ins and outs and the unique challenges motorcycle accident victims deal with.
Here’s what sets McCormick & Murphy apart:
- They work on contingency. You won’t pay them a dime in attorney fees unless they win your case. If there’s no recovery, you pay nothing. This means they’re invested in getting you the best possible outcome.
- They understand motorcycle culture. They know your bike isn’t just transportation – it’s part of who you are. They fight not just for your medical bills and lost wages, but for your quality of life.
- They handle everything. While you focus on getting better, they’ll handle the insurance companies, gather all the evidence, talk to witnesses, and build up your case.
- They’re local. Their office is located at 1547 N Gaylord St UNIT 303, Denver, CO 80206, right here in the heart of Denver. They understand Colorado roads, Colorado laws, and Colorado insurance companies.
Don’t Wait – Time Is Running Out
Look, I get it. After a motorcycle accident, the last thing you want to think about is legal deadlines and lawsuits. You’re dealing with pain, doctor’s appointments, insurance headaches, and just trying to figure out how to get back on your feet.
But here’s the plain truth – the statute of limitations doesn’t care about your recovery timeline. It doesn’t hit pause while you’re in physical therapy or stop just because you’re waiting to see if your insurance company will play fair.
Every day you wait is a day closer to losing your rights for good. Evidence disappears, witnesses forget, and your case gets weaker.
If you’ve been in a motorcycle accident in Denver, don’t gamble with your future. Pick up the phone and call McCormick & Murphy at (720) 782-8595 today. The consultation is free, and you’ll get straight talk about your situation and what you can do.
Remember, you can’t rewind the clock on the statute of limitations. But you can take action today to protect your rights and your future. Getting better is tough enough without having to stress about legal deadlines and insurance company tricks. Let experienced professionals handle the legal fight while you focus on getting better.
Don’t let the statute of limitations be another thing you lose because of your accident. Call now, and let’s make sure you get the compensation you deserve.
