Being hit by a driver who then speeds away is a uniquely disorienting experience. You’re dealing with the shock and pain of an accident, and the person responsible has vanished. No insurance card. No license plate. Sometimes no witnesses. For many people, the immediate assumption is that they have no recourse — that if the driver can’t be found, there’s nothing to be done.
That assumption is wrong. Nevada law gives hit-and-run accident victims meaningful options even when the at-fault driver is never identified, and in many cases, your own insurance policy is the most important tool available to you. Here’s what you need to know.
Nevada’s Hit-and-Run Law
Under NRS 484E.010, any driver involved in an accident resulting in injury, death, or property damage is required by law to stop at the scene, provide their name, address, and vehicle registration, and render reasonable assistance to anyone injured. Leaving the scene of an injury accident is a criminal offense in Nevada — a category B felony when the crash involves death or substantial bodily harm, and a lesser but still serious offense for property damage accidents.
That legal obligation doesn’t help you in the immediate aftermath of a hit-and-run, but it matters for two reasons. First, law enforcement takes these cases seriously, and a driver who is identified later faces significant criminal exposure — which can affect the trajectory of your civil claim. Second, the violation itself is evidence of negligence per se in a civil case if the driver is ultimately found.
What to Do Immediately After a Hit-and-Run in Las Vegas
The actions you take in the minutes after a hit-and-run significantly affect both the police investigation and your insurance claim.
Stay at the scene and call 911. Do not chase the fleeing driver. Call police immediately and wait for officers to arrive. A police report is essential for any subsequent insurance claim.
Document everything you can. If you saw any portion of the license plate — even one or two characters — note it immediately. Describe the vehicle as specifically as possible: color, make, model, body type, any damage or distinguishing features. Note the direction the driver fled.
Photograph the scene. Take photos of your vehicle, the point of impact, any debris left behind, road conditions, and your injuries. Look for anything the fleeing vehicle left at the scene — paint transfer on your vehicle, vehicle parts, glass.
Identify witnesses. People nearby may have seen more than you. Get their names and contact information before they leave.
Look for cameras. Gas stations, businesses, traffic cameras, and residential security systems may have captured the vehicle. Note their locations so your attorney can move quickly to obtain footage.
Seek immediate medical care. Go to the emergency room or urgent care the same day, regardless of how you feel. This creates the medical record that connects your injuries to the crash.
Contact your own insurance company. Report the accident as soon as possible under your policy terms — but do not give a recorded statement until you have spoken to an attorney.
Contact Marathon Law Group. Surveillance footage is often overwritten within 24 to 72 hours. The sooner we can act on your behalf to preserve it and begin investigating, the better.
Your Most Important Tool: Uninsured Motorist Coverage
In many hit-and-run cases, the at-fault driver is never identified. That doesn’t end your options — it redirects them. Nevada law requires auto insurance carriers to offer uninsured motorist (UM) coverage to their policyholders, and this coverage typically applies to hit-and-run accidents involving unidentified drivers.
Under Nevada’s UM framework, a hit-and-run driver is legally treated as an uninsured motorist. If you have UM coverage — and most Nevada drivers do — you can file a claim against your own policy for your injuries, lost wages, and other damages, up to your policy limits.
This may feel counterintuitive — why should you have to use your own insurance when someone else caused the crash? But UM coverage is precisely what you paid for in anticipation of this kind of scenario. Your insurer steps into the shoes of the uninsured at-fault driver and compensates you accordingly.
There are some procedural requirements to be aware of. Most Nevada UM policies for hit-and-run claims require that there be some physical contact between the fleeing vehicle and your car or person. If the hit-and-run was a “phantom vehicle” scenario — where a driver cut you off or ran you off the road without making contact and then fled — coverage can be more complex, and the specific terms of your policy matter significantly.
Nevada also requires that a hit-and-run be reported to police promptly, and most policies impose their own reporting deadlines as well. These timelines are short. Acting quickly is essential.
What If the Driver Is Later Identified?
If law enforcement identifies the hit-and-run driver — through witnesses, surveillance footage, paint evidence, or plate fragments — your claim shifts significantly. You now have an identified at-fault party and potentially their insurance coverage available, in addition to whatever criminal prosecution may follow.
A criminal conviction for leaving the scene is powerful evidence in your civil case. And if the driver fled the scene while intoxicated, punitive damages under NRS 42.005 may be available on top of compensatory damages.
Even if the at-fault driver is identified and has some insurance coverage, your own UM/UIM coverage may still apply if their limits are insufficient to cover your damages. An attorney can map all available coverage sources and pursue each one appropriately.
What If My UM Coverage Is Not Enough?
If your UM policy limits are lower than your actual damages, you may still have additional options depending on the facts of the case. If the crash happened in a location with security or surveillance responsibility — a parking garage, a casino property, a commercial lot — premises liability may apply if the operator’s negligence contributed to the conditions that allowed the crash to occur. If your vehicle was defective and that defect contributed to your injuries, a product liability claim may be available. And if a business vehicle was involved in the hit-and-run, corporate liability may apply even before the driver is identified.
These avenues require thorough investigation, which is another reason to involve an attorney as early as possible.
Comparative Negligence in Hit-and-Run Cases
Even in hit-and-run claims processed through your own UM coverage, your insurer may attempt to assign comparative fault to you to reduce the payout. Under NRS 41.141, as long as you are not more than 50% at fault, you can recover — but the apportionment matters. An attorney ensures that fault is accurately assessed and that your insurer doesn’t overattribute responsibility to you in the absence of the at-fault driver.
What Compensation May Be Available?
In a successful hit-and-run injury claim — whether through UM coverage or against an identified driver — you may recover all past and future medical expenses, lost wages, reduced earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Nevada imposes no cap on non-economic damages in personal injury cases. If the driver is identified and punitive damages are available, total recovery can significantly exceed the compensatory damages alone.
Marathon Law Group: Las Vegas Hit-and-Run Accident Attorneys
We’ve helped hit-and-run accident victims navigate the specific challenges these cases present — from coordinating with law enforcement on identification to fighting UM coverage disputes with insurers who look for any reason to minimize payouts. We handle hit-and-run accident cases on a contingency fee basis. Contact us for a free consultation.
This blog post is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Every case is different. Please consult a licensed Nevada attorney for advice specific to your situation. Prior results do not guarantee a similar outcome.