Colorado Discovery Rule & Tolling

Colorado's discovery rule reaches further than most people expect — it even covers car accidents specifically, not just hidden or slow-developing injuries.

The rule, and its unusually broad reach

Under C.R.S. § 13-80-108, Colorado's discovery rule starts the clock on the date an injury and its cause are discovered, or reasonably should have been discovered, rather than automatically on the date of the underlying incident. What's genuinely notable about Colorado's version is how explicitly it's written to cover specific categories of claims — including, directly, motor vehicle accidents under subsection (12) of the same statute. This matters because in many other states, discovery rules are framed narrowly around latent or hard-to-detect injuries; Colorado applies the same discovery-based approach even to car accidents, where the injury is often obvious immediately but the full extent may not be.

Minors: the clock waits for adulthood

Colorado tolls — pauses — its statute of limitations for anyone injured as a minor, until they turn 18. In practical terms, this means the clock doesn't meaningfully start running until the 18th birthday, giving a young injury victim the full statutory period from that point forward rather than one that could otherwise expire while they were still a minor.

Medical malpractice: discovery rule, with a hard outer limit

Medical malpractice claims benefit from the same discovery-based approach for the ordinary two-year period, but Colorado pairs it with a separate statute of repose: an outer limit of three years from the date of the malpractice itself, regardless of when the injury was actually discovered. In most circumstances, this repose period can bar a claim that genuinely wasn't discoverable within three years, with certain statutory exceptions that are worth reviewing directly with an attorney given how consequential this particular limit can be.

What doesn't pause the clock

A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Colorado's filing deadline, whether the applicable period is two years, three years, or something else entirely. The clock keeps running the entire time talks are ongoing.

Colorado discovery rule & tolling — frequently asked questions

What is Colorado's discovery rule?

A rule under C.R.S. § 13-80-108 that starts the statute of limitations clock on the date an injury and its cause were discovered, or reasonably should have been, rather than the date of the underlying incident.

Does Colorado's discovery rule apply to car accidents?

Yes. C.R.S. § 13-80-108(12) specifically applies the discovery rule to motor vehicle accident claims, not just latent or hard-to-detect injuries.

Until what age is Colorado's deadline tolled for a minor?

18. The statute of limitations is tolled until the injured person turns 18, meaning the clock effectively doesn't start running until their 18th birthday.

Does Colorado's medical malpractice statute of repose ever override the discovery rule?

Yes, in most circumstances. A separate 3-year repose period from the date of the malpractice can bar a claim even if the injury genuinely wasn't discovered within that window, subject to certain statutory exceptions.

Does negotiating with an insurance adjuster pause Colorado's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Colorado statute (C.R.S. § 13-80-108, § 13-80-102.5), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Colorado attorney before acting.