Aurora Car Accident Statute of Limitations
The Aurora car accident statute of limitations is a period of time for an injured party to file a lawsuit against the at-fault party that caused their injuries or to resolve their claim prior to filing the lawsuit. If a person is unable to resolve a claim and they do not file the lawsuit within the statute of limitations, the claim becomes forever barred. It is important to either resolve the claim or make sure the person has the lawsuit filed on or before the statute of limitations. An established car accident attorney can help you try to avoid being permanently barred from recovery.
How is the Statute of Limitations Calculated?
For a typical automobile collision case, the statute of limitations is three years from the date of the collision. If someone was injured in a collision today, they would need to either have the case resolved with the at-fault party’s insurance company or have filed a lawsuit by the same day three years later.
Impact of a Time Limitation the Type of Accident Claim
The Aurora car accident statute of limitations is three years. To be safe, lawyers always like to advise that it should be two years and 364 days because of different interpretations in the law. There are, however, separate for additional kinds of cases, such as a claim for underinsured or uninsured motorist benefits. This is an underinsured motorist benefit that will result from a motor vehicle collision in which the at-fault party does not have sufficient insurance coverage to fully compensate the injured party for their injuries, damages, and losses.
Likely Outcomes of Pursuing a Case Within the Aurora Car Accident Statute of Limitations
In Aurora and in Colorado, the statute of limitations for an underinsured motorist claim is generally two years from the date that a person reaches a settlement with the at-fault party. In Colorado, the minimum policy limit that one is required to carry is $25,000 liability policy, $25,000 per person, and $50,000 per accident.
If a party is injured and has injuries and damages that exceed $25,000, then that party has purchased underinsured motorist benefits on their policy. They are able to make a claim against their own underinsured motorist benefits. If a person was to reach a settlement with the at-fault party’s insurance company for the policy of up to $25,000 on today’s date, they would have two years from today’s date to either resolve the case or file a lawsuit against their own insurance coverage to protect the ability to claim those benefits.
Where to Find Information on Statute of Limitations
Generally, the best place to look before speaking to an attorney is on the Internet, which will generally direct someone to multiple attorney sites that will put forth the statute of limitations. For the most part, those are accurate. Another good source on the Internet is the Colorado Revised Statutes. A person can look through all of the statutes in Colorado, but specifically find the statute of limitations within the Colorado Revised Statutes, which are provided free online.
Importance of Speaking with an Attorney
Generally, Aurora car accident statute of limitations begins running on the date of the collision. The underlying or prevailing thought is that the statute of limitations begins running when the person knew or should have known of an injury. The statute of limitations will always begin running on the date the collision occurred. Therefore it can be critical for an attorney to speak with you about seeking proper damages for your harm.