Hit-and-run accidents are surprisingly common in Las Vegas. Hit-and-run accidents can be confusing, frustrating, and overwhelming since you are left alone to deal with the accident’s aftermath. If you are a victim of a hit-and-run accident in Las Vegas, immediately after the incident, take the time to calm yourself down and assess whether you have any injuries that need medical attention. Take note of all details at the scene of the hit and run and take down the contact details of any witnesses.
Generally, there’s a presumption that a driver who leaves the scene of an accident is at least partially responsible. There are criminal penalties associated with leaving the scene of an accident in Nevada. Regardless of who is at fault, Nevada courts often tend to be sympathetic to injured plaintiffs under these circumstances.
What Is A Hit-And-Run Accident?
A hit-and-run accident occurs when a driver collides with another car, a pedestrian, or property and then speeds away from the accident scene without exchanging insurance information with the affected party or aiding the injured.
In Nevada, all drivers involved in an accident must stop at the scene without obstructing traffic and provide their name, address, and vehicle registration number to any driver or passenger of any other vehicle involved in the accident. Drivers also must provide this information to any police officer who responds to the accident.
If a driver is involved in a single-car accident that damages another person’s property, they are required to stop and locate the property owner; if they can’t, they must leave a note with their name, address, contact information, and (if applicable) the name of the vehicle’s owner. Leaving this note in a secure area near the accident scene is generally considered sufficient under Nevada law.
Failing or refusing to provide this information, or leaving the accident scene before the police arrive, turns this accident into a hit-and-run.
Drivers in Nevada involved in an accident resulting in death, injury (even mild injury), or property damage of more than $750 must notify law enforcement. If the police respond to the scene and take a report, then no further action is necessary. However, if a driver leaves the scene of an accident causing property damage without notifying the police or leaves a note for a homeowner but doesn’t contact police within ten days, the driver could be liable for failure to file an accident report.
While failure to file a report isn’t a crime, it can lead to a one-year driver’s license suspension.
What Happens If The Hit-And-Run Driver Can’t Be Found?
The nature of hit-and-run accidents is such that finding the at-fault driver’s not always possible. In these situations, you can recover damages from your insurance company under your uninsured/underinsured motorist (UM/UIM) policy. If you’re unsatisfied with any settlement offer from the insurance company, you can file a lawsuit to recover excess damages up to your total policy limit. Fortunately, in most Las Vegas hit-and-run cases, there are enough witnesses and evidence for police to identify a hit-and-run driver.
Nevada drivers are not required to carry uninsured motorist coverage, which could help pay for damages if an uninsured driver has hit them. Drivers with full coverage insurance might be able to use their collision coverage to pay for the damages from a hit-and-run, but a deductible may apply.
If you’ve already recovered UM/UIM damages from your insurance company and have relinquished your rights to any future claim (which is a typical settlement condition) and the at-fault driver is located, your insurance company will usually go after this driver (or their insurance company) to recover their damages. This process is called subrogation.
The issue of when you can sue an at-fault driver after recovering damages from your insurance company can be tricky. In some cases, you may be able to recover pain and suffering or other non-compensatory damages from the driver. However, you generally won’t be permitted to “double-dip” by recovering certain types of compensatory damages, like medical expenses, twice.
What Happens If The At-fault Driver Isn’t Insured?
If the other driver is found but wasn’t covered by auto insurance, they’ll be charged with a crime. Driving without a valid insurance policy is a misdemeanor under Nevada law. But unless the other driver has significant assets that can be seized or garnished in a lawsuit (which is uncommon for those who take the risk of driving without insurance), to recover any damages, you’ll usually need to proceed against your own insurance company under your UM/UIM limits.
If you have uninsured motorist coverage, your medical bills may be covered if the other driver is uninsured. However, because drivers who flee the scene of accidents don’t stick around to show insurance information, your uninsured motorist coverage may not be able to be used.
Your collision insurance will cover your vehicle’s repairs if you have full coverage insurance. Minimum coverage policies do not offer coverage in the event of a hit-and-run in Nevada. Minimum coverage insurance only provides coverage for the other driver if you cause an accident, which is why it may be beneficial to purchase full coverage.
Your car insurance rates may be affected if you are a victim of a Nevada hit-and-run accident. Anytime you file a claim with your insurance company — even if you aren’t at fault — it could affect your premium. While a not-at-fault loss shouldn’t generate a surcharge against you, it might mean you lose a claims-free discount if you previously had one on your policy.
Pacific West Injury Law – From Heart-wrenching Despair to Lucrative Resolution: Expert Legal Representation for Hit-And-Run Accident Victims In Las Vegas
At Pacific West Injury Law, our Las Vegas hit-and-run accident attorneys have extensive experience helping accident victims get the compensation they need to recover.
Insurance companies have a team of adjusters and lawyers who work to protect the company’s assets. They do everything they can to avoid paying uninsured motorist claims. If they offer to settle the claim, it’s often for pennies on the dollar. The car accident lawyers at our Las Vegas personal injury law firm understand your insurers’ tactics. Our articulate legal professionals know how to apply legal leverage to motivate the highest and best settlement offer in every accident case.
If you were hurt in a hit-and-run accident in Las Vegas, Henderson, or North Las Vegas, get legal advice as soon as possible. In Nevada, you have only two years from the date of your accident to take legal action.
We offer free initial assessments. Contact our Las Vegas law firm to speak to our personal injury attorneys.