How Long Do I Have to File a Car Accident Claim in Nevada?

A car accident in Nevada can turn your life upside down. Victims are often left dealing with physical pain, emotional trauma, financial strain, and an uncertain future. If you’ve been injured due to someone else’s negligence, you hold the right to seek compensation through a personal injury claim.

Under Nevada law, there is a strict deadline for filing car accident lawsuits. This time limit is known as the “statute of limitations”. Filing your lawsuit before this deadline expires could be the difference between recovering the compensation you’re owed and walking away empty-handed.

 Below, we’ll look at exactly how long you have to file a lawsuit after a car accident in Nevada. We’ll also explain some exceptions to the statute of limitations and the consequences of missing the deadline.

Car Accident Claim vs. Car Accident Lawsuit

While the terms ‘claim’ and ‘lawsuit’ are often used interchangeably, they are not the same thing. When you file a car accident claim, you’re asking an insurance company or at-fault party for compensation for the damages you’ve suffered.

If your claim is denied or they can’t compensate you fairly, you can file a lawsuit. If the case goes to trial, the court will decide who was at fault and the compensation amount, if any, should be given to you.

Filing a lawsuit does not mean that you’ll automatically go to trial. In fact, most car accident lawsuits settle before trial. Filing with the court often puts pressure on the defense to negotiate more seriously and offer fair compensation. However, if you wait too long to file a lawsuit and the statute of limitations expires, you lose this leverage against the other side.

What Is the Statute of Limitations for Car Accidents in Nevada? 

The moment you’re involved in a car accident, an invisible clock starts running. In Nevada, you have exactly two years from the date of the accident to file a personal injury lawsuit. This deadline applies to compensation for medical expenses, lost income, pain and suffering, and other damages.

For cases involving property damage, the statute of limitations is three years. This means accident victims have a longer timeframe to pursue compensation for:

• Car replacement costs.
• Vehicle repairs.
• Damage to other personal property.
• Diminished value when a repaired vehicle loses its resale worth.

When a car accident takes someone’s life in Nevada, their loved ones can pursue compensation. There is a two-year statute of limitations for wrongful death lawsuits, beginning on the date of the death rather than of the accident.

How Long Do I Have to File a Car Accident Claim?

The statute of limitations applies to cases filed in court rather than insurance claims.

Some insurance companies have set claim deadlines written into their policies. If you’re involved in a car accident, it’s crucial that you review your policy and adhere to stipulated timeframes, if any.

If your policy does not provide a hard deadline, it’s generally best  to report the accident to your insurer within a reasonable time. This could range from days to a few weeks.

Special Circumstances for Nevada’s Statute of Limitations

While the statute of limitations is strict in most cases, there are a few exceptions where standard deadlines may not apply. The following are some special circumstances where the statutory clock may be paused (or “tolled”), giving injured parties more time to pursue a lawsuit.

• Minors: If the victim is a minor, the two-year statute of limitations begins when they turn 18. In other words, they have until their 20th birthday to initiate a lawsuit. Nevada law also allows a parent or legal guardian to file on behalf of a minor before they turn 18. This gives them access to financial compensation when it’s needed most. 
• Mental incapacity: If the injured party is deemed mentally incompetent or unable to manage their legal affairs, the statutory clock may be tolled until they regain capacity or a legal guardian is appointed. This ensures fairness and protects the rights of vulnerable individuals.
• Defendant leaves Nevada: If the defendant leaves Nevada after causing an accident, the statute of limitations may be paused until they return. The purpose of this law is to ensure that the at-fault party cannot avoid responsibility by simply leaving the state until the statute of limitations expires.
• Hit-and-run accidents: If you’re injured in a hit-and-run accident, you may not know who to hold accountable since the responsible party has fled. In such cases, the statutory clock may pause until they are identified through police investigation or other means. This exception ensures that you’re not punished for circumstances beyond your control.
• Fraudulent concealment: If the at-fault party intentionally hid evidence or misled the injured person, the deadline to file a lawsuit may be paused. Examples include:
  • Falsifying maintenance records. 
  • Hiding a known vehicle defect. 
  • Concealing the existence of dashcam footage. 
  • Failing to disclose an insurance policy. 

This law prevents wrongdoers from benefiting from their deception.

What Happens If You Miss the Deadline? 

If you file your car accident lawsuit after the statute of limitations has run out, the defense will probably ask the judge to dismiss the case. If the court agrees, the judge will likely throw out your case.

Missing the deadline to file your car accident lawsuit could leave you responsible for covering your own losses. The negligent party is under no obligation to reimburse you for medical expenses, lost income, emotional distress, and other accident-related losses.

At High Rise Financial, We Offer Support While Your Car Accident Lawsuit is Pending

When you’re hurt in a car accident, you expect to receive fair compensation. However, the reality is that it often takes lengthy legal battles to recover what you’re owed. Many car accident victims struggle to cover their expenses while waiting for their settlements. This is where High Rise Financial’s pre-settlement funding comes in.

We provide plaintiffs with upfront cash before their cases are resolved. Here’s what you need to know about our lawsuit funding in Nevada:

• It is non-recourse, meaning if you lose your case, repayment is not required.
• Lawsuit funding is repaid from your settlement proceeds. There are no monthly or out-of-pocket payments.
• There are no credit checks or income requirements. Eligibility is based on the details of your application, along with the strength of your car accident lawsuit.
• There are no upfront fees.
• At High Rise Financial, we are committed to fair and transparent pricing.

Bottom Line

When you’re injured in a car accident in Nevada, the statute of limitations matters more than you think. Missing a deadline can cost you everything. An experienced attorney can help you understand filing deadlines, protect your rights, and recover fair compensation.

If you need financial relief during your car accident lawsuit, the team at High Rise Financial is here to help. Our funding is non-recourse, meaning repayment is only required if you receive a settlement.  Contact us today for a free consultation.