2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › LIMITATION OF ACTIONS (§§ 13-80-101 — 13-82-107) › Article 80 - LIMITATIONS - PERSONAL ACTIONS (§§ 13-80-101 — 13-80-119) › 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.
Amended by 2015 Ch. 259,§ 32, eff. 8/5/2015.
Amended by 2014 Ch. 344,§ 4, eff. 7/1/2014.
L. 94: Entire section added, p. 2825, § 3, effective July 1. L. 2014: IP(1) amended, (SB 14-213), ch. 344, p. 1537, § 4, effective July 1. L. 2015: IP(1) amended, (SB 15-264), ch. 259, p. 950, § 32, effective August 5.
For the legislative declaration stating the purpose of and the provision directing legislative staff agencies to conduct a post-enactment review pursuant to § 2-2-1201 scheduled in 2019, see sections 1 and 6 of chapter 344, Session Laws of Colorado 2014. To obtain a copy of the review, once completed, go to "Legislative Reports and Requirements" on the Colorado General Assembly's website.