Two or Three Years? The Different Time Limits to File a Personal Injury Lawsuit in Colorado

Most types of legal proceedings in Colorado have some sort of time limit known as the statute of limitations. Basically, this is the maximum time that can elapse between when an event giving rise to a legal action occurs and when that legal action is actually filed in court. For example, Colorado has a two-year statute of limitations on personal injury claims. This means that if you are injured in an accident caused by someone else’s negligent conduct, you normally have 2 years from the date of your injury to file a civil complaint. However, if the incident involves a motor vehicle collision the time from the incident is three (3) years. Of intentional conduct is involved, such as an assault, the time limit is one (1) year.

Court of Appeals: Mechanic’s Injuries Arose from “Use” of Motor Vehicle

One unique twist to Colorado’s personal injury statute of limitations is that there is actually a longer deadline of 3 years for any claim “arising out of the use or operation of a motor vehicle.” So if you are injured in a car accident, you have a full 3 years from the date of the crash to sue the responsible parties. But if your accident did not involve the use or operation of a motor vehicle, you would be limited to just 2 years.

In October 2025, the Colorado Court of Appeals addressed whether the “use” of a motor vehicle extends to situations where a mechanic is injured while inspecting a truck. In this case, Nesjan v. J&A Distributing, Inc., the plaintiff agreed to inspect the defendant company’s box truck due to a suspected problem with the vehicle’s driveshaft. One of the defendant’s owners dropped the truck off at the plaintiff’s repair shop. The plaintiff then went underneath the vehicle to perform his inspection.

During this inspection, according to the plaintiff, the driveshaft came loose and the truck rolled over him. The impact shattered the plaintiff’s neck, back, leg, and ribs. Exactly three years later, he filed a personal injury lawsuit against the defendant, alleging its negligent maintenance of the truck led to driveshaft’s collapse.

The defendant argued that the plaintiff’s claims were subject to Colorado’s general two-year statute of limitations for personal injury claims. The trial court agreed and dismissed the lawsuit. The Colorado Court of Appeals, 1st Division, disagreed and held that the plaintiff’s case could proceed.

The Court of Appeals concluded that under the facts alleged by the plaintiff, his injuries “arose out of the use of a motor vehicle.” While he wasn’t physically driving or operating the truck, the “use” of a truck can include non-transportation activities, as was the case here. Indeed, the 1st Division noted that other divisions had previously held that a person could recover auto insurance benefits for accidents arising from the inspection of a motor vehicle. The key factor was whether or not the activity in question was “foreign to the vehicle’s inherent purpose.” For example, in a 2003 decision, the Colorado Supreme Court held that a sexual assault victim could not seek auto insurance benefits just because her attack happened to occur inside of an insured vehicle.

Contact a Grand Junction Car Accident Attorney

Even though Colorado law affords motor vehicle accident victims three years to bring a personal injury claim, that does not mean you should wait until the last minute to act. If you have recently been hurt due to the use or operation or a motor vehicle and need legal advice from a qualified Grand Junction car accident lawyer, contact Killian, Davis & Richter, P.C., today at 970-241-0707. We serve clients in Grand Junction and all of Western Colorado.

Source:

scholar.google.com/scholar_case?case=8939167822532387272