QUESTION

What is the statute of limitations for personal injury (hit by drunk driver) in Colorado?

Asked on Apr 10th, 2013 on Personal Injury - Colorado
More details to this question:
Just over a year ago, I was in an accident. The driver of the other vehicle was passed out veered into my lane. I did all I could to prevent a head on collision, however the collision was inevitable. He destroyed my truck, trailer, & load. As well as the car he was driving. I was transported to a local hospital, for low back pain evaluated & sent on my way, as there was no major injuries. Have still not received much treatment for what was originally diagnosed as a sprained or strained sacarelium, & later also as a bulging disc in my neck that has flattened the spinal cord at C 5-6 couldn't get any of the Drs approved by my, occupational insurance to see me, have been seeing my family dr. Since the accident, he tried to send me for PT & PM, & my ins denied the treatment. Was going to a chiropractor for 7 months until the pip on my employers ins & my ins was exhausted. Now my ins has cut off all benefits, because their IME concluded that because the neck & shoulder injury did not present until 2 weeks later, & I have slight degeneration of the spine. That it can't be related to the accident, & it had to be a illness not a injury so after a 5 min. appt. In September he declared me healed to a pre accident state as of July 31 12. & in Feb / 13 said I was ready to return to work, he has not seen me since September/2012. Now I have no income, because I can't return to work, & I have no coverage to be able to get treatment if & when I find a Dr that will treat me. I do have MRIs of the neck & upper back, but haven't been able to get anyone to do anything about the low back, even though it continues to hurt, & is getting worse as we go, so not even any proof there is a injury. What can I do now, & when do I have to file on the driver & his insurance for personal injury, the accident was 3/10/12. I am from Texas but the accident was in Colorado. The drunk driver was care flitted to Denver with a compound fracture to a leg.
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1 ANSWER

Your question is very good although your description of the events raises more issues than you probably anticipate. The standard SOL for accidents in Colorado is three years from the date of the accident. Do NOT rely on this deadline. The SOL could be considerably shorter if you have to go after your own insurance company, if your case involves workman's compensation law, if the other driver was working for or with the government or shortened by a lot of other issues. At this point it sounds like the insurance companies are giving you the run around and you need to get a local attorney involved. We are licensed to practice in Colorado and Texas.
Answered on Apr 10th, 2013 at 1:52 PM

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