Don’t Let The Clock Run Out On Your Accident Claim

You can easily lose track of the time in Las Vegas. Casinos purposefully try to keep their guests from realizing how much time they’re spending at the card tables and slot machines. Even a great show can cause you to lose a couple of hours. 

Sometimes, it’s okay to lose track of the time. However, it’s different when you’re planning on filing an accident claim. This is when you want to keep an eye on the time. So, what is the deadline for filing a Las Vegas accident claim? If you don’t know this information, you’re running the risk of running out of time.

Difference Between a Claim and a Lawsuit

Before we get into filing deadlines it helps to understand the difference between an accident claim and a lawsuit. The statute of limitations varies depending on whether you’re filing a claim or a lawsuit.

A claim is an action taken against the at-fault party’s insurance provider. You’re not involving the court system. All you’re doing is filing out some paperwork, attaching supporting evidence and sending everything in to the insurance company. 

From there, an insurance adjuster reviews your claim and decides whether or not to issue a settlement check. Filing an insurance claim is usually the first step in the compensation process.

A lawsuit involves the court system, which is typically the next step if you’re unable to settle with the insurance company. Your claim becomes a case (lawsuit) in civil court, and yes, you’re going to need legal representation. A civil trial can be a lengthy process, filled with plenty of delays. While some accident claims are settled within weeks, lawsuits can drag on for months and possibly even years.

Your case will be decided by a judge or jury, depending on the type of trial you go through. The court will also determine your settlement award if they believe you’ve proved your case. While it’s usually best to try and settle an accident claim out of court, if punitive damages are a possibility, this is your only option.

What happens if you don’t agree with the judge or jury’s verdict? You can file an appeal to try and have the decision reversed.

Nevada Statute of Limitations

All states have statutes of limitations and these timelines often vary. The statute of limitations is the legal deadline you have to file an insurance claim or lawsuit. Currently, Nevada doesn’t have a statute of limitations in place for filing an insurance claim. The state does require you to report an accident within ten days. If you decide to skip reporting the accident, you probably can’t file a claim.

The reason is pretty simple. Without your official report, you can’t prove the accident occurred. Without proof, most insurance companies are going to automatically deny your claim. Some insurance providers also have deadlines on when you can file a claim. If you’re not sure about the timeline, a quick call to the insurance company can usually answer your questions.

Nevada does have a filing deadline for lawsuits. You have two years from the date of the accident to file a case in civil court. If you’re wondering about any exceptions to the statute of limitations, there can be a few. The statute can be extended for minors until they turn 18. If your injuries are severe enough to prevent you from participating in your lawsuit, the statute can be paused until you make a medical recovery.

While being able to temporarily pause the statute of limitations can be helpful, it can come with a few downsides. The longer it takes to file a lawsuit can make it harder to prove. Evidence can get lost and witnesses may move away or change phone numbers. Whenever possible, it’s usually best to get started on your car accident lawsuit as soon as possible.

Tips For Meeting Your Deadlines

The last thing you want is to miss a deadline whether it’s one set down by the insurance company or the court. Missing a deadline can mean you’re no longer able to file an accident claim. If you’re depending on compensation to help cover your losses, this can be devastating news. Thankfully, you can take a couple of steps to help ensure your claim or eventual lawsuit hits every deadline.

Contact the Insurance Company

Whether you’re contacting your insurance company or the at-fault driver’s provider, it’s a phone call you don’t want to put off. Remember, insurance policies often have filing deadlines that are typically shorter than two years. Some policies only give holders a couple of weeks after an accident to start the claim process.

Letting the insurance company know you’re getting ready to file a claim can help keep everything on track and on time.

Don’t go into details about your upcoming claim; this isn’t the time and you’re still working out the details. Keep your conversation short and simple. Chances are, the insurance agent is only waiting for you to say something that may reduce your claim’s value.

Start Calculating Your Damages

Some damages you can start adding up shortly after the accident. However, if you’re dealing with severe injuries and/or property damage, calculating your losses will take some time.

Getting an early start on your calculations can help keep the claim process moving along. Remember, the sooner you submit your claim the faster you can receive a settlement check.

However, don’t try and rush your claim through the process just because you’re worried about potential deadlines. You don’t want to omit damage, it can reduce the overall value of your claim.

Partner With an Experienced Accident Attorney

The best way to avoid missing any crucial deadlines is to partner with an experienced Las Vegas accident attorney. Not only will your attorney be familiar with all the important deadlines, but they’ll also be prepared if your claim escalates into a civil lawsuit. 

By handling the legal process on your behalf, your attorney allows you to focus solely on your recovery, giving you peace of mind knowing your case is in capable hands.