The statute of limitations is the time period for which a claim can be filed after an accident. Even just one day past that deadline could prevent an accident victim from recovering damages. If you were in a truck accident, it’s important to understand the statute of limitations for filing a truck accident claim and the reasons you should not delay.
Statute of Limitations for a Traffic Accident in Colorado
Each state has its own laws when it comes to the timeframe for filing a claim. Some states utilize the same statute of limitations for all types of personal injury claim, including those involving traffic accidents. But Colorado has a separate statute of limitations for these types of claims.
There is a two-year statute of limitations for a personal injury claim (for instance, when someone is injured in a slip and fall). But for a traffic accident it is longer. Colorado has a three-year statute of limitations to file a traffic accident claim, including those involving large trucks.
Don’t Delay in Filing a Truck Accident Claim for These Reasons
Three years seems like a long time in which to file. But that doesn’t necessarily mean it’s a good idea to wait that long. In fact, accident victims in Denver who prolong the process can raise red flags with the insurance company. Insurers already don’t want to settle for more than they have to, so if they can find other ways to diminish a claim, they will.
Waiting to File May Raise Doubts Concerning Severity of Injuries
Insurers cannot deny a claim based on waiting several months or longer to file. But a claimant indicates that the injuries sustained in the accident were serious or disabling, it can cause suspicion. Why would someone wait to recover damages when their injuries are significant?
Although it’s true that settling the claim too quickly isn’t a good idea—especially when it’s yet to be determined how it’s going to affect the victim physically, emotionally and financially—claimants should still aim to file as soon as possible to get the process started.
There is plenty of time to work through negotiations. Even if a victim is going to need additional medical treatment later (such as surgery or physical therapy) and returning to work is uncertain, the claim doesn’t have to be settled until this is clearer.
Evidence Must Be Preserved
Another reason to not delay is that it’s critical to preserve evidence. With truck accident cases, there may be additional ways to establish fault that are beyond a typical motor vehicle crash.
Information that demonstrates liability on the part of the truck company includes:
- a police report;
- witness statements;
- driver personnel files;
- data from an onboard recording device; or
- records showing the last time the truck was inspected.
Sometimes an attorney will need to send a letter of spoliation to the trucking company that demands all evidence is preserved. The sooner this is sent to them, the better chance of making sure nothing of relevance is destroyed, hidden or altered.
So get started on your claim as soon as you can. Contact D.J. Banovitz if you’re in the Denver area and wish to explore your options to hold a negligent trucker and trucking company liable for your injuries or those of your loved one. Call or use our contact form to set up your appointment and get started today: 303-300-5060.