Quick Answer
If a driver hits you and flees in Las Vegas, call 911 and get a police report right away. When the driver is never found, your own uninsured motorist (UM) coverage can pay, but Nevada requires physical contact and a timely police report (NRS 690B.020). You have 2 years to file an injury lawsuit.
Key Takeaways
- Leaving a crash that injured or killed someone is a category B felony: 2 to 20 years in prison, a $2,000 to $5,000 fine, and no probation (NRS 484E.010)
- UM coverage treats an unknown hit-and-run driver as uninsured only if there was physical contact and the crash was reported to police in time (NRS 690B.020)
- A "miss-and-run," where the other car never touched you, does not qualify for UM coverage for an unknown driver (Kern, 1993)
- MedPay and health insurance can pay medical bills while the claim is open
- The 2-year injury deadline keeps running even while police are still looking for the driver
A hit-and-run leaves you with two problems at once. You are hurt, and the person who should pay is gone. Nevada law treats fleeing a crash as a serious crime, and it also gives injured people a way to get paid when the driver is never found. That path runs through your own insurance policy, and it has conditions you need to meet in the first hours and days.
What does Nevada law require of a driver after a crash?
Every driver involved in a crash must stop. If anyone is hurt or killed, the driver must stop and remain at the scene (NRS 484E.010). The driver must also give a name, address and vehicle registration, show a driver's license, and give reasonable assistance to anyone injured (NRS 484E.030).
A crash that damages only a vehicle or property still requires the driver to stop (NRS 484E.020). And when no officer is at the scene, a driver in a crash that caused injury or death, or that happened on a highway, must report it right away to the nearest police agency or Nevada Highway Patrol office (NRS 484E.030(2)).
What are the penalties for a hit-and-run in Nevada?
Leaving a crash that injured or killed someone is a category B felony. The sentence is 2 to 20 years in state prison and a fine of $2,000 to $5,000, and probation is not available (NRS 484E.010). Leaving a crash that caused only property damage is a misdemeanor (NRS 484E.020).
The criminal case and your injury claim are separate. The State prosecutes the driver. Your compensation for medical bills, lost income, and pain comes from a civil claim against the driver and from insurance, including your own.
What should you do in the first hours after a hit-and-run?
Get safe, call 911, and make sure police write a report. Then collect everything that can identify the other car before it disappears: witnesses, cameras, and photos. See a doctor the same day if you can.
- Call 911 and report the crash. Tell the dispatcher the other driver left. A police report is one of the two conditions for uninsured motorist coverage when the driver is unknown, so do not skip it. Our guide explains how to get your Las Vegas car accident report once it is ready.
- Write down what you saw. Any part of the plate, the make, model and color, damage to the other car, and the direction it went.
- Get witnesses. Names and phone numbers of anyone who stopped or saw the crash.
- Find cameras. Businesses, casinos, homes with doorbell cameras, and other drivers with dashcams. Many systems record over old footage, so ask quickly.
- Photograph everything. Your car, paint transfer, broken parts left on the road, the scene, and your injuries. Paint and debris help prove the physical contact your coverage requires.
- Get medical care. Some injuries show up hours or days later, and a gap in treatment gives an adjuster an argument.
- Tell your own insurer. Report the crash promptly and give them the police report number. Read your policy for its notice rules.
Does uninsured motorist coverage pay for a hit-and-run in Nevada?
Yes, if you have the coverage and meet two conditions. Nevada auto policies must include uninsured motorist (UM) coverage for injuries caused by "uninsured or hit-and-run motor vehicles" unless you rejected it in writing (NRS 690B.020). An unknown driver counts as uninsured only when both conditions below are met.
Condition 1: physical contact
The hit-and-run vehicle must have made physical contact with you or with the vehicle you were in.
Condition 2: a timely police report
The crash must have been reported to the police, the sheriff, or the Nevada Highway Patrol within the time required by NRS 484E.030 to 484E.050.
What the Nevada Supreme Court decided in Kern
In Kern v. Nevada Insurance Guaranty Association, 109 Nev. 752, 856 P.2d 1390 (1993), the court held that physical contact is a prerequisite to UM recovery for an unknown driver. An oil spill left by an unknown motorist was not enough.
Why a "miss-and-run" is not covered
A miss-and-run is a crash where a driver cuts you off or forces you off the road without touching your car, then leaves. With no contact and no identified driver, UM coverage for an unknown vehicle does not apply under NRS 690B.020 and Kern. If a witness or video later identifies that driver, you have an ordinary claim against the driver and the driver's insurer. That is one more reason witness names and video matter so much.
Hit by a Driver Who Took Off?
Your UM claim is against your own insurer, and it has conditions. Talk to Roey Sellouk directly about your policy and your options. The consultation is free.
Get Free ConsultationWhat if the driver who fled is found later?
Then you have a claim against that driver and, if the driver was insured, against the driver's liability insurer. If the driver had no insurance, your UM coverage applies as it would to any uninsured driver. A vehicle is presumed uninsured if no proof of insurance reaches the DMV within 60 days after the crash (NRS 690B.020).
If the driver had only a small policy, your underinsured motorist (UIM) coverage may pay the rest up to your limits. Our guide to being hit by an uninsured driver in Nevada explains how UM and UIM claims work against your own insurer.
Who pays your medical bills while the claim is open?
Usually your own coverage. Medical payments coverage (MedPay) pays medical bills regardless of fault, and insurers must offer at least $1,000 of it (NRS 687B.145). Health insurance pays as you treat and usually seeks repayment from any recovery.
Some providers also agree to treat you on a lien and wait to be paid from the settlement. Every one of these payers may claim part of your recovery, so the order and the reductions matter. Our page on MedPay and health insurance liens in Nevada walks through it.
How long do you have to file a hit-and-run claim in Nevada?
Two years from the crash to file an injury lawsuit (NRS 11.190(4)(e)), and three years for damage to your car (NRS 11.190(3)(c)). The clock keeps running while police look for the driver. Your UM policy also has its own notice and claim conditions, so report to your insurer early.
Your insurer has deadlines too. In a first-party claim, Nevada regulations require it to accept or deny within 30 working days after it receives proof of loss, or to tell you in writing why it needs more time (NAC 686A.675). If you are not sure what your policy covers, a Las Vegas car accident lawyer can read it with you before you give a recorded statement.
Frequently Asked Questions
Is a hit-and-run a felony in Nevada?
It is when someone is injured or killed. Leaving that kind of crash is a category B felony punished by 2 to 20 years in prison and a $2,000 to $5,000 fine, with no probation (NRS 484E.010). Leaving a crash that caused only property damage is a misdemeanor (NRS 484E.020).
Do I need a police report for a hit-and-run UM claim?
Yes. NRS 690B.020 treats an unknown driver as uninsured only if the crash was reported to the police, the sheriff, or the Nevada Highway Patrol within the time required by NRS 484E.030 to 484E.050.
What if I rejected uninsured motorist coverage?
Nevada requires a written rejection, so ask your insurer for any rejection form you signed. If you rejected UM, that coverage will not pay, but MedPay, health insurance, and a claim against the driver if found may still be available.
I was a pedestrian hit by a driver who fled. Can my car insurance help?
Often, yes. NRS 690B.020 counts physical contact with the insured person, not only with a vehicle the insured was in, so being struck while on foot can meet the contact requirement. Whether your policy covers you as a pedestrian depends on its terms, so read the uninsured motorist section of your policy or have us review it.
What if I only got part of the license plate?
Give it to police anyway. A partial plate combined with the make, color and damage can be enough to find a vehicle, and it strengthens the report your UM claim depends on.
Can I sue the driver if police find them later?
Yes. You have 2 years from the crash to file an injury lawsuit under NRS 11.190(4)(e), and the time does not pause while police search. File your UM claim in the meantime instead of waiting.
See also: our Las Vegas car accident lawyer page, our guide to being hit by an uninsured driver in Nevada, and how to get your Las Vegas car accident report.