Lafayette, CA asked in Personal Injury for Colorado

Q: My son was in a motorcycle accident approximately 3.5 years ago and received multiple injuries. He was riding a friend's

Motorcycle. His injuries have resulted in a permanent "partial" loss in the use of his right foot.

How would he apporaoch the insurance compnay that covered the motorcycle for any type of settlement. Thanks

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1 Lawyer Answer

Michael J. Laszlo

Answered
  • Boulder, CO
  • Licensed in Colorado

A: In Colorado, you must bring an action within three years from the date the cause of action accrues. Colo. Rev. Stat. Ann. § 13-80-101.

"A cause of action for bodily injury or property damage arising out of the use or operation of a motor vehicle accrues on the date that both the existence of the injury or damage and the cause of the injury or damage are known or should have been known by the exercise of reasonable diligence." Colo. Rev. Stat. Ann. § 13-80-108.

If it has been longer than 3 years as your question states, you are likely outside of the time limit in which you can bring a claim. Without more information regarding the insurance claim process it is difficult to suggest how to approach the insurance company.

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