Home / Legal Reference...

Statutes of Limitations: When a Cause of Action Accrues

Please Read our General Disclaimer and Statute of Limitations Disclaimer.

A cause of action for injury to person, property, reputation, possession, relationship, or status shall be considered to accrue on the date both the injury and its cause are known or should have been known by the exercise of reasonable diligence.¹

A cause of action for wrongful death shall be considered to accrue on the date of death.²

A cause of action for fraud, misrepresentation, concealment, or deceit shall be considered to accrue on the date such fraud, misrepresentation, concealment, or deceit is discovered or should have been discovered by the exercise of reasonable diligence.³

A cause of action for debt, obligation, money owed, or performance shall be considered to accrue on the date such debt, obligation, money owed, or performance becomes due.⁴

A cause of action for balance due on an open account for goods or services shall accrue at the time of the last item of goods or services proved in such account.⁵

A cause of action for breach of any express or implied contract, agreement, warranty, or trust shall be considered to accrue on the date the breach is discovered or should have been discovered by the exercise of reasonable diligence.⁶

A cause of action for wrongful possession of personal property, goods, or chattels shall accrue at the time the wrongful possession is discovered or should have been discovered by the exercise of reasonable diligence.⁷

A cause of action for losses or damages not otherwise enumerated in this article shall be deemed to accrue when the injury, loss, damage, or conduct giving rise to the cause of action is discovered or should have been discovered by the exercise of reasonable diligence.⁸

A cause of action for penalties shall be deemed to accrue when the determination of overpayment or delinquency for which such penalties are assessed is no longer subject to appeal.⁹

A cause of action for recovery of erroneous or excessive refunds of any tax administered shall accrue on the date the department of revenue issues said refund.¹⁰

A cause of action for a penalty for commission of a class A or a class B traffic infraction shall be deemed to accrue on the date the traffic infraction was committed.¹¹

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.¹²

A cause of action by the public employees' retirement association against an employer for unpaid contributions shall accrue on the date the nonpayment of contributions is discovered or should have been discovered by the exercise of reasonable diligence.¹³

¹ C.R.S. 13-80-108, 2002. Except as provided in C.R.S. 13-80-108(12). C.R.S. 13-80-108(1), 2002. Back
² C.R.S. 13-80-108(2), 2002. Back
³ C.R.S. 13-80-108(3), 2002. Back
⁴ C.R.S. 13-80-108(4), 2002. Back
⁵ C.R.S. 13-80-108(5), 2002. Back
⁶ C.R.S. 13-80-108(6), 2002. Back
⁷ C.R.S. 13-80-108(7), 2002. Back
⁸ C.R.S. 13-80-108(8), 2002. Back
⁹ C.R.S. 13-80-108(9), 2002. Back
¹⁰ Arising under C.R.S. 39-21-102. C.R.S. 13-80-108(10), 2002. Back
¹¹ Such action is defined in C.R.S. 42-4-1701. C.R.S. 13-80-108(11), 2002. Back
¹² C.R.S. 13-80-108(12), 2002. Back
¹³ This shall apply to causes of action as provided in C.R.S. 24-51-402(2). C.R.S. 13-80-108(13), 2002. Back

Return to Top