C.R.S. Section 13-80-107.5
Limitation of actions for uninsured or underinsured motorist insurance

  • definitions

(1)

Except as described in section 13-80-102 (2), but notwithstanding any other statutory provision to the contrary, all actions or arbitrations under sections 10-4-609 and 10-4-610, C.R.S., pertaining to insurance protection against uninsured or underinsured motorists shall be commenced within the following time limitations and not thereafter:

(a)

An action or arbitration of an “uninsured motorist” insurance claim, as defined in sections 10-4-609 and 10-4-610, C.R.S., shall be commenced or demanded by arbitration demand within three years after the cause of action accrues; except that, if the underlying bodily injury liability claim against the uninsured motorist is preserved by commencing an action against the uninsured motorist within the time limit specified in sections 13-80-101 (1)(n) and 13-80-102 (1)(d), then an action or arbitration of an uninsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years after the insured knows that the particular tortfeasor is not covered by any applicable insurance. In no event shall the insured have less than three years after the cause of action accrues within which to commence such action or demand arbitration.

(b)

An action or arbitration of an “underinsured motorist” insurance claim, as defined in section 10-4-609 (4), C.R.S., shall be commenced or demanded by arbitration demand within three years after the cause of action accrues; except that, if the underlying bodily injury liability claim against the underinsured motorist is preserved by commencing an action against the underinsured motorist or by payment of either the liability claim settlement or judgment within the time limit specified in sections 13-80-101 (1)(n) and 13-80-102 (1)(d), then an action or arbitration of an underinsured motorist claim shall be timely if such action is commenced or such arbitration is demanded within two years after the insured received payment of the settlement or judgment on the underlying bodily injury liability claim. In no event shall the insured have less than three years after the cause of action accrues within which to commence such action or demand arbitration.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Action” means a lawsuit commenced in a court of competent jurisdiction; and

(b)

“Arbitration demand” means a written demand for arbitration delivered to the insurer that reasonably identifies the person making the claim, the identity of the uninsured or underinsured motorist, if known, and the fact that an uninsured or underinsured motorist insurance arbitration is being demanded.

(3)

An uninsured or underinsured motorist cause of action accrues after both the existence of the death, injury, or damage giving rise to the claim and the cause of the death, injury, or damage are known or should have been known by the exercise of reasonable diligence.

Source: Section 13-80-107.5 — Limitation of actions for uninsured or underinsured motorist insurance - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑80‑101
General limitation of actions - three years 13‑80‑102
General limitation of actions - two years 13‑80‑102.5
Limitation of actions - medical or health care 13‑80‑103
General limitation of actions - one year 13‑80‑103.5
General limitation of actions - six years 13‑80‑103.6
General limitation of actions - domestic violence - six years - definition 13‑80‑103.7
General limitation of actions - sexual misconduct - third-party liability - definition 13‑80‑103.8
Limitation of civil forfeiture actions related to criminal acts 13‑80‑103.9
Limitation of actions - failure to perform a background check by a public entity - injury to a child 13‑80‑104
Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others 13‑80‑105
Limitation of actions against land surveyors 13‑80‑106
Limitation of actions against manufacturers or sellers of products 13‑80‑107
Limitation of actions against manufacturers, sellers, or lessors of new manufacturing equipment 13‑80‑107.5
Limitation of actions for uninsured or underinsured motorist insurance - definitions 13‑80‑108
When a cause of action accrues 13‑80‑109
Limitations apply to noncompulsory counterclaims and setoffs 13‑80‑110
Causes barred in state of origin 13‑80‑111
Commencement of new action upon involuntary dismissal 13‑80‑112
When action survives death 13‑80‑113
New promise - effect of payment 13‑80‑114
Promise by one of parties in joint interest 13‑80‑115
Endorsement by payee - effect 13‑80‑116
Action against joint debtors or obligors 13‑80‑117
No dismissal for nonjoinder 13‑80‑118
Absence or concealment of a party subject to suit 13‑80‑119
Damages sustained during commission of a felonious act or in flight from the commission of a felonious act
Green check means up to date. Up to date

Current through Fall 2024

§ 13-80-107.5’s source at colorado​.gov