What is the Statute of Limitations for Car Accident Claims in Nevada

In Nevada, the statute of limitations for car accident claims is a deadline of two years. If you miss this window, your case will likely be dismissed, and you will lose your right to seek compensation.

Car Accident Statute of Limitations in Nevada

Under Nevada Revised Statutes § 11.190, the two-year period begins on the date the accident occurred. However, it is typically in your best interests to begin the claims process relatively soon after a collision. Once too much time passes, evidence can begin to disappear, witnesses’ memories may fade, and details can be too difficult to trace.

If your accident involves a government agency, the two-year deadline still applies, but there are further stipulations outlined by Chapter 41 of the Nevada Annotated Code (NAC). To begin the process, you must first file a written claim with the Nevada State Board of Examiners. The attorney general’s office will decide to approve or deny it. If your claim is approved, you will receive payment from the state for your losses. If it is denied, you can pursue a lawsuit in court.

The statute of limitations differs for property damage caused by a car accident. In Nevada, you have three years to pursue this type of compensation.

How Soon Should I Begin the Claims Process?

Many insurance companies have deadlines written into their policies on how long you have after a collision to file an insurance claim. Therefore, beginning the claims process promptly after an accident is ideal, but that does not mean you must resolve it quickly. It is in your best interests to wait on settling your case until you either fully recover from your injuries or reach “maximum medical improvement” (MMI). That way, you will understand the full extent of your injuries, your losses, and how you will be affected in the future. Only then can you and your attorney accurately estimate the total value of your case and the minimum amount you should settle for.

Statute of Limitations for Wrongful Death Claims

When a car accident results in a fatality, surviving family members have the right to file a wrongful death claim for compensation. In these cases, the statute of limitations is still two years, beginning on the date of the victim’s death, which could be later than the date of the crash.

What Happens If I File a Claim After the Statute of Limitations Has Passed?

There is usually no way around the statute of limitations. Typically, there is only one exception which applies to minors. When a child younger than 18 is seriously injured in an accident, the two-year statute of limitations does not begin until their eighteenth birthday. However, parents of minors will typically file a lawsuit on their behalf after an accident.

In all other cases, if you wait until after the deadline to file a car accident claim, the defendant (at-fault party) will file a “motion to dismiss.” Their motion will point out that the statute of limitations has run, and almost always, the case will be dismissed.