5 min read time
Table of Contents
Nevada Statute of Limitations for Motorcycle Accident Cases
In Nevada, under most circumstances, the statute of limitations for a motorcycle accident case is two years from the date of the accident.
The two-year clock starts ticking the moment the motorcycle crash occurs, and missing the window means losing the right to recover compensation; however, discovery of hidden injuries and other exceptions can pause the clock, but don't rely on it.
Purpose of the Statute of Limitations
People who wish to pursue a claim after a motorcycle crash in Nevada must act quickly, because state law sets a two-year window to file a claim. This deadline ensures evidence remains fresh, witnesses' statements are reliable, and defendants do not face lawsuits years after the motorcycle accident.
If the clock runs out, the right to sue goes with it. The time limit starts on the accident date, unless your motorcycle accident case falls under one of the few exceptions, so it's crucial to speak with a motorcycle accident attorney and start your claim.
Types of Claims Covered Under the Statute of Limitations (Personal Injury, Property Damage, Wrongful Death)
Motorcycle accident claims in Nevada are divided into three primary types:
- Personal Injury Claim: Covers medical expenses, lost wages, pain and suffering, and other non-economic and economic damages for a motorcycle accident victim.
- Property Damage Claim: Addresses repair or replacement costs for the motorcycle and other damaged property.
- Wrongful Death Claim: Allows surviving family members to pursue compensation for funeral expenses, loss of support, and emotional distress after a fatal motorcycle accident.
While all three of these claims cover different damages, they all have a statute of limitations, which are:
- Personal Injury Cases: 2-year statute of limitations
- Property Damage Claims: 3-year statute of limitations
- Wrongful Death Claims: 2-year statute of limitations
When Does the Statute of Limitations Start in a Motorcycle Accident Case
Typically, under Nevada law, the two-year period for a motorcycle accident personal injury claim starts on the day of the crash, creating a crucial deadline for the injured rider.
The Accident Date as the Standard Starting Point
When a motorcycle accident occurs, Nevada's two-year statute of limitations starts on that date, but the discovery rule and other exceptions can postpone the clock. However, as said before, don't rely on these exceptions and protect your personal injury case by acting quickly and consulting a motorcycle accident lawyer.
Factors That Can Extend or Change the Filing Deadline
Being a motor vehicle and motorcycle accident attorney for 20 years, I have handled almost all personal injury cases under the standard two-year Nevada statute of limitations, which starts on the crash date. But several factors can shift that clock, such as if injuries are hidden, a minor has a claim, or the plaintiff has a serious mental injury. These shifts can give you extra time to file or pause the clock completely.
Delayed Recognition of Injury (Discovery Rule)
If injuries from a motorcycle accident are not obvious at first, the Nevada discovery rule can extend the two-year filing window for a personal injury claim. Instead, the statute of limitations will begin when the victim reasonably discovers or should have discovered the injury, rather than from the accident date.
Consistent medical exams and documentation are crucial to identifying and treating delayed injuries sustained in the motorcycle accident.
Defendant's Concealment or Fraudulent Behavior
Defendants who hide facts or falsify evidence can push the statute of limitations start date to when the victim learns of the concealment. Also, if a police report or other evidence is intentionally altered, the court may toll the period until the truth surfaces.
The Plaintiff Is a Minor (Under 18)
If the plaintiff in a motorcycle accident is a minor, the statute of limitations will not begin until that minor reaches 18. However, the minor's parent or guardian can push to pursue a claim on the minor's behalf, which will prompt the statute of limitations to begin.
The minor exception in a personal injury case is by far the longest extension one can get in a case.
Implications of Failing to File Within Time
Failing to file a motorcycle accident claim within Nevada's two-year window can strip you of any right to recover damages through insurers or the court. You also lose evidence and witness testimony, making your case weaker.
Loss of Ability to Seek Compensation
If you wait too long to file a claim after a motorcycle accident, Nevada's two-year statute of limitations may expire, and the court will deny your motorcycle accident lawsuit. Missing the statute of limitations and having your claim denied means you cannot recover medical bills, lost wages, or pain and suffering.
Even if you don't miss the statute of limitations, delaying filing a claim can weaken negotiations, and insurers may refuse to pay, leaving you without any compensation.
Giving the Insurance Company an Advantage
Let's say you don't completely miss the two-year window to file a claim but instead pursue a claim four months or a year after the motorcycle accident.
While you still have a right to recover non-economic and economic damages, such as medical bills or lost wages, you face trouble negotiating a fair settlement from the insurance company, as they'll downplay your injuries and damages due to your delay in filing.
How to Identify Your Personal Injury Case's Specific Deadline
Knowing when your personal deadline starts is crucial after a motorcycle accident. The Nevada statute of limitations runs for two years from the accident date, but it can shift if injuries are hidden, you were a minor, or the driver committed a fraudulent act.
For example, if you notice symptoms three months after the motorcycle accident, the clock may restart on the date of discovery, so it's crucial to work with doctors and attorneys before giving up on your claim.
Calculating the Exact Limitation Period for Your Case
If your motorcycle accident has no specific exceptions, you'll have two years from the date of the crash to file a claim. For example, if the motorcycle accident occurred on January 11th, 2026, you'll have till January 11th, 2028, to file a claim.
If your case falls under the discovery rule exception, your claim's statute of limitations will begin on the day you or should have discovered your injuries. For minor victims, the clock pauses until they turn 18, after which the full two-year window resumes, giving them till 20 to file a claim.
Key Documents Needed to Maintain a Strong Claim
To keep your claim strong throughout Nevada's two-year filing deadline, gather and keep key documents, including:
- Medical records and bills
- Police accident report
- Witness statements
- Insurer communications
- Vehicle repair invoices
Keeping these records organized helps your lawyer prove injury timing and build a solid case before the statute expires.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
