Imagine driving home from a long day, only to find yourself the victim of a motor vehicle accident. To make matters worse, the other driver flees the scene, leaving you to deal with the aftermath alone. Unfortunately, incidents involving hit-and-run drivers are more common than most people realize, especially in cities like Las Vegas.
The emotional and financial toll of a hit-and-run can feel overwhelming. Medical bills pile up, your car needs repairs, and figuring out how to file a car accident claim under Nevada law becomes another burden. You may wonder if justice will ever be served.
This is where THE702FIRM Injury Attorneys, a trusted hit-and-run accident lawyer in Las Vegas, can help. Understanding your rights and how Nevada law handles these situations can significantly affect your recovery.
In this guide, we’ll explain the essentials of Nevada hit-and-run laws and how you can take steps toward justice and compensation.
Penalties for Hit-and-Run Offenses
According to the NRS 484E.010, the penalties for hit-and-run offenses vary based on the severity of the incident:
1. Property Damage Only
- Classification: Misdemeanor
- Penalties: Up to 6 months in jail and/or fines up to $1,000. Additionally, the Nevada Department of Motor Vehicles (DMV) may add six demerit points to your driver’s license, which can lead to up to six months suspension if you accumulate 12 or more points within a year.
2. Accidents Involving Injury or Death
- Classification: Category B Felony
- Penalties: Imprisonment ranging from 2 to 20 years and fines between $2,000 and $5,000. The court may impose separate charges for each individual injured or killed in the accident. Additionally, the DMV will revoke your driver’s license.
What You Need to Do If You’re Involved in a Hit and Run
Being involved in a hit-and-run can be a stressful experience. It’s important to act quickly and follow the right steps to protect yourself and your rights. Here’s what you should do:
- Stay at the Scene of the Accident: Even if the other driver leaves, do not chase them. Stay where the accident occurred. Moving your vehicle could complicate the situation or hinder the accident report.
- Gather Information: If you can, write down details like the registration number of the fleeing car. Note the vehicle’s color, make, and model, as well as its direction. If there are witnesses, ask for their contact information—they can help support your accident report.
- Document the Scene: Take photos of any property damage or bodily injuries, as well as the overall scene of the accident. This evidence will be helpful for your insurance claim and legal proceedings.
- Call a Police Officer: If conscious, report the incident immediately by calling local law enforcement. Provide them with all the details you’ve collected. An official accident report is essential for filing insurance claims and pursuing legal action.
- Notify Your Insurance Company: Contact your insurance provider to report the hit and run. Share the accident report and any evidence you’ve gathered. This will help speed up the claims process for property damage or bodily injury.
- Get Medical Help: Even if you don’t think you’re hurt, it’s a good idea to get checked out. Some injuries may not be immediately apparent. Keep any medical records as part of your documentation.
- File a Claim: Work with your insurance company to file a claim for property damage and bodily injury. If you have uninsured motorist coverage, it can help cover the costs of a hit-and-run.
- Follow-up: Stay in touch with the police and your insurance provider to track the progress of your case. If the fleeing driver is identified, they could be held accountable for the damages.
How Long Do You Have to File a Claim?
In Nevada, the legal timeframe to file a claim for a car accident, including hit-and-run cases, is typically two years from the date of the incident. Failing to file within this period can lead to case dismissal, preventing recovery of damages.
This two-year period applies to both civil lawsuits and insurance claims. Acting promptly preserves your right to compensation and ensures all necessary documentation is gathered within the legal timeframe.
Insurance Implications of Hit and Run Accidents
Hit-and-run accidents in Nevada can lead to serious financial and legal consequences, especially when it comes to insurance claims. If you’re involved in such an incident, understanding how your insurance may come into play is essential.
Filing a Claim After a Hit-and-Run
In Nevada, if a hit-and-run driver causes a crash and flees the scene, you’ll likely need to rely on your own insurance coverage. Uninsured motorist (UM) coverage is one option that can help. This type of policy protects you when the other driver cannot be identified or has no insurance. It’s not mandatory in Nevada, but it can be a financial safeguard in these situations.
Your first step after the crash should be to contact the police. A police officer will document the crash scene and gather details about the vehicle involved. This report is necessary for your insurance claim. Without it, your insurer may be hesitant to process your claim.
Damage and Medical Costs
If the hit-and-run driver is not found, you might have to pay out of pocket for damages or medical expenses if you don’t have UM coverage. Collision insurance can cover repairs to your car, but you’ll need to pay your deductible. Medical payment coverage (MedPay) or personal injury protection (PIP) may cover hospital bills, depending on your policy.
Reporting the Accident to Your Insurer
Promptly inform your insurer about the hit-and-run. Be prepared to provide details from the crash scene, including the police report. If there were any witnesses, their statements can support your claim. Insurers often look for evidence that the accident truly involved a hit-and-run and wasn’t staged to file a fraudulent claim.
Can Victims of Hit and Run Accidents File a Lawsuit?
Yes, victims of hit-and-run accidents can file a lawsuit. Such cases typically arise when the at-fault driver flees the scene of an accident. Filing a lawsuit allows victims to seek compensation for medical bills, property damage, lost wages, and other losses caused by the incident.
After a hit-and-run accident, it’s important to gather as much evidence as possible. Take photos of the scene, write down details about the vehicle that fled, and obtain contact information from witnesses. Reporting the incident to the police is essential, as this creates an official record. Filing a false accident report is illegal, so ensure the details you provide are accurate.
In some cases, the at-fault driver may eventually be identified and held accountable. This could lead to hit-and-run charges in addition to civil liability. However, when the driver cannot be found, victims may still have options. Many insurance policies include uninsured motorist coverage, which can help cover damages if the at-fault driver is unidentified. Filing a claim with your own insurance company may provide relief in such situations.
Working with an attorney can help ensure all legal options are explored, especially when dealing with an uncooperative insurance company or pursuing legal action against the driver at fault. If you’ve been a victim of a hit-and-run, taking swift action is key to protecting your rights and recovering the compensation you deserve.
Contact THE702FIRM Injury Attorneys
It is important to seek professional legal help after a hit-and-run accident. THE702FIRM Injury Attorneys offer free consultations and specialize in navigating hit-and-run cases. Our experienced lawyers know local traffic laws and regulations to ensure clients receive fair compensation.
Whether dealing with an insurance claim or pursuing legal action against a hit-and-run driver, THE702FIRM can provide the legal support required for your case. Schedule a consultation with us to get the best legal option.