Car Accidents

What if the At-Fault Driver Fled the Scene of the Accident?

By Jack G. Bernstein, Esq.January 5, 20258 min read

A hit-and-run accident is a deeply unsettling experience, leaving you with questions, fears, and the burden of unexpected costs. In Las Vegas, where busy streets and heavy traffic can make these incidents all too common, knowing what to do next is critical.

At Jack Bernstein Injury Lawyers, we’ve helped countless victims like you navigate the challenges of these situations. With decades of experience and a direct, hands-on approach, we’re here to help you protect your rights and understand your path forward.

Immediate Actions After a Hit and Run Accident

When a hit-and-run driver flees the scene, it’s easy to feel overwhelmed and unsure of your next steps. Acting quickly and methodically is essential to protect your safety, preserve crucial evidence, and set the foundation for recovering damages. Here’s what you need to prioritize in those critical moments.

Safety First: Protect Yourself and Others

  • Check for injuries: Assess yourself and others for any visible injuries. Call 911 immediately if anyone needs medical attention.
  • Move to a safe location: If your vehicle is in a dangerous spot, like the middle of traffic, move to the side of the road or a safer area if possible.
  • Stay calm: Remaining composed will help you make clearer decisions during this stressful time.

Notify the Authorities Immediately

Reporting the incident is not only crucial for legal reasons but also for beginning the investigation process.

  • Contact the Police Department (LVMPD, or other): Dial 911 for emergencies or use the non-emergency line for minor damages.
  • Provide key details: Share what you remember about the vehicle that fled: make, model, color, license plate (if possible), and direction of travel.
  • Request an incident report: This report will be vital for insurance claims and potential legal actions.

Note: Never chase a fleeing driver. It’s unsafe and can escalate the situation.

Document the Scene Thoroughly

Preserving evidence is one of the most critical actions you can take. Your documentation may be pivotal in locating the driver or in supporting your claim for compensation.

  • Take photos and videos: Capture your vehicle’s damage, skid marks, debris, and the surrounding area.
  • Note time and location: Record when and where the incident occurred.
  • Collect witness information: If anyone saw the accident, ask for their contact information and a brief description of what they observed.

Secure Evidence for Future Use

Use tools around you to gather as much evidence as possible. This can strengthen your case and provide leads to investigators.

Evidence TypeHow to Collect
Vehicle damagePhotos/videos of all angles
Witness statementsNames, phone numbers, and their recollection
Surveillance possibilitiesLook for nearby cameras (traffic, business, etc.)

How Insurance Covers Your Las Vegas Hit and Run Accident

Dealing with insurance after a hit-and-run can be frustrating, especially when the at-fault driver has fled. Thankfully, there are options to help cover your damages and medical costs. Understanding the types of coverage available and how they work is key to identifying what may help with the financial burden.

Uninsured Motorist Coverage: A Key Resource

In Nevada, uninsured motorist (UM) coverage is designed to protect you in exactly this type of situation.

  • What it covers:
    • Medical expenses for injuries caused by the fleeing driver.
    • Potential compensation for lost wages or pain and suffering.
  • Why it matters: If the hit-and-run driver is never found, this coverage can respond, but NRS 690B.020(3)(f) treats the vehicle of an unknown driver as uninsured only if two things are true: the bodily injury or death resulted from physical contact of that vehicle with the named insured or the person claiming under the named insured, or with a vehicle the named insured or such a person was occupying, and the crash was reported within the time required by NRS 484E.030, 484E.040 or 484E.050 to the police department of the city where it happened or, in an unincorporated area, to the county sheriff or the Nevada Highway Patrol.

Tip: Review your policy to confirm you have UM coverage. Nevada generally requires it in an auto liability policy issued for delivery in the state unless you rejected it in writing on a form furnished by your insurer, so check for that rejection before assuming you have none.

Other Potential Coverage Options

Even if you don’t have uninsured motorist coverage, there are still ways your policy might help:

  • Collision coverage:
    • Pays for repairs to your vehicle, regardless of fault.
    • Requires paying your deductible upfront, which can let repairs move forward quickly.
  • Medical payments (MedPay):
    • Covers reasonable and necessary medical expenses resulting from the crash, up to the policy’s limit.

Does a Hit-and-Run Affect Your Insurance Rates?

One common concern is whether filing a claim after a hit-and-run will increase your premiums. In most cases:

  • If you’re not at fault: Your rates typically shouldn’t increase, but it depends on your insurer’s policies.
  • Deductibles: Be prepared to pay any deductibles associated with your coverage unless the driver is found and held accountable.

Understanding your insurance policy is crucial after a hit-and-run accident. Review your coverage options and consult your insurer if needed to understand what benefits may be available to you.

Filing Your Hit and Run Insurance Claim

Filing a claim after a hit-and-run accident can feel overwhelming, but following a clear process will help you avoid delays as you pursue your claim. Proper documentation and prompt action are key.

Step-by-Step Guide to Filing Your Claim

  1. Contact your insurance company:
    • Call your provider as soon as possible after the accident.
    • Provide your policy number and initial details about the incident.
  2. Submit documentation:
    • Police report: This is often a required document for processing your claim.
    • Evidence from the scene: Photos, videos, and witness statements strengthen your case.
  3. Complete necessary forms:
    • Your insurer may require additional paperwork specific to hit-and-run claims.
  4. Follow up:
    • Stay in touch with your claims adjuster and provide any further information promptly.

How to Strengthen Your Insurance Claim

  • Be detailed: Include as much information as possible in your claim to support your case.
  • Stay honest: Never exaggerate or misrepresent facts; this could jeopardize your claim.
  • Leverage legal help: An experienced attorney can assist in negotiating with your insurer and advocating for fair treatment.

Filing an insurance claim after a hit-and-run can be stressful, but the right steps and thorough preparation can help the process go as smoothly as possible. This is your chance to present your claim and focus on moving forward.

How to Find a Hit and Run Driver in Las Vegas

While hit-and-run drivers can be difficult to locate, it’s not impossible. There are several resources and strategies available in Las Vegas to help identify the responsible party. Taking proactive steps and involving the right professionals can make a difference in tracking down the fleeing driver.

Leverage Local Camera Resources

In a city like Las Vegas, where cameras are abundant, these devices often capture vital evidence:

  • Traffic cameras: These are installed at intersections and highways and can record vehicle movements.
  • Business surveillance: Nearby businesses, such as gas stations or convenience stores, often have security cameras that may have captured the accident.
  • Residential footage: Doorbell cameras or home surveillance systems in the area can provide additional leads.

Tip: Act quickly to request footage as many systems automatically overwrite data within days.

Conduct a Thorough Investigation

A detailed investigation increases the likelihood of finding the driver:

  • Work with police: Officers may locate the driver through witness accounts or vehicle registration databases if you have partial license plate information.
  • Check for paint transfers or debris: Any materials left at the scene can be analyzed to narrow down vehicle make and model.
  • Hire a private investigator: For complex cases, private investigators can use advanced tools and databases to uncover leads.

The Role of Witnesses

Witnesses play a pivotal role in identifying hit-and-run drivers:

  • Collect contact information: Get the names and phone numbers of anyone who saw the incident.
  • Ask about details: Witnesses may recall specifics about the fleeing car, such as unique damage, bumper stickers, or driver characteristics.

Finding a hit-and-run driver requires persistence, resourcefulness, and sometimes professional help. Even if the driver isn’t located, the evidence you gather can still strengthen your case with insurance or legal claims.

The Role of an Attorney in Hit-and-Run Cases

Handling a hit-and-run case on your own can be daunting, especially when dealing with insurance companies, gathering evidence, and navigating legal complexities. An experienced attorney can provide invaluable support and increase your chances of a favorable outcome.

How Attorneys Assist in Investigations

An attorney’s resources and experience can uncover evidence that might otherwise be overlooked:

  • Access to expert investigators: Lawyers often collaborate with skilled professionals who can analyze the scene, review footage, and locate witnesses.
  • Records and evidence: Attorneys can request police reports and ask businesses to preserve surveillance footage, and once a case is filed, the subpoena power of the court is available. Access to motor vehicle records is restricted by federal and Nevada privacy law rather than open on request, so ask your attorney what can be obtained in your case and how long it takes.

Negotiating with Insurance Companies

Insurance companies may try to minimize payouts, even when you’re not at fault. An attorney can advocate for fair treatment by:

  • Handling all communications: Your attorney can field calls and letters from adjusters so you are not negotiating with them on your own.
  • Advocating on the value of your claim: Attorneys can document what your claim involves, including medical expenses, lost wages, and emotional distress.

Addressing Legal Deadlines

In Nevada, hit-and-run claims are subject to specific legal deadlines:

  • Statute of limitations: A lawsuit for injuries caused by another’s wrongful act or neglect must generally be brought within two years (NRS 11.190(4)(e)), and different deadlines and exceptions can apply, including that the period does not run while the person entitled to sue was under 18 or insane when the claim accrued (NRS 11.250). It’s best to start the process sooner, and to ask an attorney which deadline governs a claim under your own uninsured motorist coverage.
  • Reporting and claim deadlines: Where the driver is unknown, reporting the crash is a statutory condition of uninsured vehicle coverage rather than a company preference: NRS 690B.020(3)(f)(2) requires that the named insured, or someone on the named insured’s behalf, reported the crash within the time set by NRS 484E.030, 484E.040 or 484E.050. Insurance policies can also set their own notice and filing deadlines, so read yours and act quickly.

An experienced attorney is not just a legal advocate. They’re your ally in navigating the complexities of a hit-and-run case. Their expertise can bring clarity and peace of mind during a challenging time.

Reporting Your Hit and Run to Las Vegas Police

Filing a report with the Las Vegas Metropolitan Police Department (LVMPD) is a critical step after a hit-and-run accident. A police report not only creates an official record of the incident but also helps initiate investigations that could lead to identifying the driver.

How to File a Report

  • Contact LVMPD immediately:
    • For emergencies or injuries, call 911.
    • For non-emergencies, use the non-emergency number: 311.
  • Provide detailed information:
    • Date, time, and location of the accident.
    • Description of the fleeing vehicle (make, model, color, license plate, if available).
    • Any witness information or additional evidence you’ve gathered.

Why a Police Report is Essential

  • Insurance requirements: Most insurance providers will not process hit-and-run claims without a formal police report.
  • Evidence preservation: Police reports include key details that can support your claim, such as officer observations or witness statements.
  • Investigation launch: The LVMPD can use the report to start an official investigation, which may involve checking local surveillance cameras or pursuing leads.

Important: two different reporting duties exist in Nevada and they are easy to run together. A driver in a crash that resulted in injury, death or damage to a vehicle or property has to give their name, address and registration to the people involved and to any officer at the scene, and render reasonable assistance to anyone injured; if no police officer is present and the crash involved injury or death or happened on a highway, the driver must report it forthwith to the nearest police authority or the Nevada Highway Patrol (NRS 484E.030). Separately, if a crash causes bodily injury or death, or total damage to any vehicle or item of property to an apparent extent of $750 or more, the driver has 10 days to forward a written or electronic crash report to the Department of Motor Vehicles; that report is not required if a police officer investigated and the officer’s report captured each party’s insurer, policy number and coverage dates (NRS 484E.070). Either way, call the police and report the crash promptly: it is the practical step that keeps your options open.

Filing a police report promptly helps protect your rights and lays the groundwork for resolving your hit-and-run case.

Next Steps

A hit-and-run accident can leave you feeling lost and vulnerable, but taking the right steps can help you regain control. From ensuring safety and preserving evidence to navigating insurance claims and seeking legal assistance, each action you take is crucial in protecting your rights and pursuing any compensation that may be available.

With decades of experience helping hit-and-run victims in Las Vegas, Jack Bernstein Injury Lawyers is here to provide the guidance and support you need. Your next steps are critical: make them count.

Contact Us for a Free Consultation

If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas auto accident lawyers. You will gain an advocate for every stage in the claims process, and we will pursue your claim to a resolution.

Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after an accident.

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