Statute of Limitations/Destruction of Evidence
What is the statute of limitations (both adults and children) regarding an automobile accident in Colorado? What is the Colorado law reference can so I look at this law? Also, when someone destroys evidence (I don't think the law refers to DESTRUCTION of evidence, but there is another term), what is the Colorado law (reference) that says what the penalty is for doing so?
1 Answer from Attorneys
Re: Statute of Limitations/Destruction of Evidence
If you meet the minimum threshold requirements to maintain an action under the Colorado Auto Accident Reparations Act, C.R.S. § 10-4-714 (1987 Repl.Vol. 4A), then you have up to 3 years to pursue a claim.
As to the intentional destruction of evidence, Colorado has not explicity recognized a cause of action for spoliation of evidence, as many other states do. While we nevertheless have included such claims in past cases involving intentional or especially egregious conduct, the typical remedy is to request an adverse inference jury instruction by which the jury is told to consider that any evidence destroyed by the defendants would have been detrimental to the defense.
I would be happy to discuss these or any other matters pertaining to your case in more detail if you would like. Very truly yours, Peter