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

• August 3 2025
• |   Car Accidents

In Nevada, the law generally gives you two years from the date of a car accident to file a lawsuit for personal injuries. This critical legal deadline is known as the statute of limitations. It’s important to add that certain exceptions can shorten or lengthen this deadline, depending on the circumstances of your case.

Understanding how long you have to file a car accident claim in Nevada isn’t about adding more pressure to an already stressful situation. It’s about empowerment. Knowing your rights and the timelines involved can protect you from losing the opportunity to secure the financial resources you need to truly recover.

The Legal Clock: Nevada’s Statute of Limitations for Car Accidents

In the legal world, the deadline for filing a lawsuit is called the “statute of limitations.” This is a law created by the state that sets a strict time limit on your right to take your case to court. The purpose of these laws is to ensure that legal disputes are resolved while evidence is still fresh and the memories of witnesses are reliable.

For most car accident cases in Nevada, the statute of limitations is straightforward: You have two years from the date of the accident to file a lawsuit for injuries you sustained. This includes everything from broken bones and whiplash to more severe, life-altering injuries.

If you fail to file a lawsuit within this two-year window, the court will almost certainly refuse to hear your case. This means you would permanently lose your legal right to pursue compensation from the at-fault party through the court system.

A Critical Distinction: Your Insurance Claim vs. a Lawsuit

It’s important to understand the difference between filing an insurance claim and filing a lawsuit, as the two-year deadline applies specifically to the lawsuit.

• An insurance claim is the initial request you make to an insurance company for compensation. This is typically done within days or weeks of the accident. You (or your attorney) will communicate with an insurance adjuster, provide documentation of your medical bills and lost wages, and negotiate for a fair settlement.
• A lawsuit is the formal legal action you file in court. This step becomes necessary if the insurance company denies your claim, refuses to negotiate in good faith, or will not offer a settlement that fairly covers your losses.

While you should report the accident and open a claim with the insurance company as soon as possible, the two-year statute of limitations governs when you must file a lawsuit if those negotiations fail. This is why you should never wait until the deadline is approaching to take action.

The process of gathering evidence, calculating damages, and negotiating with an insurer can take many months. If those talks break down a year and a half after your accident, you will need that remaining time to prepare and file a formal lawsuit to protect your rights.

What If You Miss the Deadline?

The consequences of missing the statute of limitations are severe and unforgiving. Once the two-year period has passed, you effectively lose all your leverage. The at-fault driver’s insurance company will know that you can no longer sue them. With the threat of legal action gone, they will have no incentive to offer you a fair settlement—or any settlement at all. They can simply walk away, leaving you to bear the full financial burden of your medical care, lost income, and ongoing pain and suffering.

This is a heartbreaking outcome for anyone, especially for families already struggling to cope with the aftermath of a serious accident. It underscores why understanding and respecting this deadline is absolutely crucial.

Are There Exceptions to the Two-Year Rule?

While the two-year deadline is firm in most cases, Nevada law does allow for a few specific exceptions. These situations are complex and often require a detailed legal analysis, but it’s helpful to be aware of them.

• The Discovery Rule: In some cases, an injury from an accident isn’t immediately apparent. You may feel fine at first, only to develop symptoms of a serious back, neck, or internal injury weeks or even months later. The “discovery rule” states that the two-year clock may not start ticking on the date of the accident, but on the date that you discovered—or reasonably should have discovered—your injury.
• Cases Involving Minors: When a child under the age of 18 is injured in a car accident, the statute of limitations is “tolled,” or paused. The two-year countdown does not begin until the child’s 18th birthday.
• Claims Against Government Entities: If the at-fault driver was a government employee driving a government vehicle (like a city bus or a state-owned truck), the rules change dramatically. Claims against government bodies in Nevada have much shorter deadlines and require specific, formal notices to be filed long before the standard two-year deadline. This is a highly complex area of law where immediate legal guidance is essential.

Beyond the Deadline: Why Acting Quickly Is Always in Your Best Interest

Even with a two-year window, it is never a good idea to wait. Taking prompt action after a car accident is vital for several reasons, all of which are focused on building the strongest possible case for your recovery.

• Preserving Evidence: The most compelling evidence is often the most fleeting. Skid marks on the road fade, nearby security camera footage is often erased after a few weeks, and the vehicles involved may be repaired or salvaged. The sooner you begin an investigation, the better your chances are of preserving this crucial physical evidence.
• Witnesses’ Memories: The human memory is not a perfect recording. Over time, details become fuzzy and recollections can change. Securing witness statements while the accident is still fresh in their minds is key to establishing a clear and consistent account of what happened.
• Strengthening Your Medical Case: Seeking immediate and consistent medical treatment is paramount for your health. It also creates a clear and undeniable record linking your injuries directly to the accident. If you wait months to see a doctor, an insurance company may try to argue that your injuries were caused by something else that happened in the intervening time.
• Navigating Insurance Company Tactics: Insurance adjusters are trained to protect their company’s bottom line. They will likely contact you very soon after the accident, perhaps even while you are still in pain and on medication. They may ask for a recorded statement or offer a quick, lowball settlement before you even know the full extent of your injuries and future medical needs. Having a knowledgeable advocate on your side early in the process can protect you from these tactics and ensure your rights are defended from day one.

Leverty & Associates Law: Your Trusted Car Accident Lawyers

The Reno car accident lawyers at Leverty & Associates Law understand that you are going through one of the most difficult times of your life. Our approach is built on a foundation of compassion for our clients and an unwavering commitment to seeing them through their challenges. We know that behind every case file is a person, a family, and a life that has been disrupted.

With over 100 years of combined experience and more than $150 million recovered for our clients, our team has a proven track record of success. We take a team-oriented approach, meaning multiple experienced attorneys may collaborate on your case to ensure every detail is covered and every angle is explored. We offer free consultations and work on a contingency fee basis, which means you pay no attorney’s fees unless we win for you.

If you’ve been injured in an accident and are facing a difficult road ahead, you don’t have to walk it alone. Contact the caring and dedicated team at Leverty & Associates Law today. Call us at (775) 322-6636 in the Reno area for a free, no-obligation consultation to discuss your case.