Any Nevada driver involved in a collision must stop immediately, exchange information, and provide aid to anyone injured. Drivers who fail to do this can face criminal charges and civil liability.
A hit-and-run accident is a serious legal matter, and victims face additional obstacles when seeking compensation for their injuries. If you were hit by a driver who fled the scene and need a free legal consultation, contact our Las Vegas hit-and-run accident lawyer at 702-745-4545.
What Is Considered a Hit-and-Run in Las Vegas?
A hit-and-run accident is a collision in which a driver leaves the scene without identifying themselves to other people involved. According to Nevada’s hit-and-run laws, any driver involved in a crash has a legal duty to stop at the scene. This is not their only duty, however.
They must:
- Exchange contact information with the other driver.
- Show their driver’s license to the other driver, if requested.
- Give aid to any injured parties, if they can reasonably do so.
- Move their vehicle away from oncoming traffic, if they can safely do so.
- Provide identifying information to law enforcement officers.
A driver who leaves the scene of an accident without fulfilling these duties can face criminal charges. Someone who crashes into an unattended vehicle without notifying law enforcement or the vehicle’s owner can also be charged with a misdemeanor.
What Happens If the Driver Leaves the Scene of an Accident in Nevada?
Leaving the scene of an accident in Nevada carries serious legal consequences. When a hit-and-run driver is identified and apprehended, they can face criminal charges.
In accidents where no one was injured, the driver can be charged with a misdemeanor.
If there was an injury, the hit-and-run driver can be charged with a category B felony. In Nevada, the consequences for conviction include a prison sentence of 2 to 20 years and fines of $2,000 to $5,000.
In addition to criminal charges, hit-and-run drivers may also be held liable in civil court for the injuries they cause. Victims of such accidents can file personal injury claims to seek compensation for their losses.
When a driver chooses to flee rather than call for help from first responders, injured victims can suffer further injuries. This lack of prompt action can be used against the driver in a subsequent personal injury case.
It’s crucial for anyone involved in a hit-and-run incident to seek legal counsel from a Las Vegas car accident attorney. The attorney can help the victim pursue rightful damages from the responsible party and their insurance company.
Can the Victim of a Hit-and-Run File a Lawsuit?
If the police identify the hit-and-run driver, the victim has the right to file a lawsuit. However, a lawsuit is not always the best path to compensation. Instead, a car accident attorney will usually advise the victim to file a claim with either their own or the hit-and-run driver’s insurance company. If that claim doesn’t succeed, a lawsuit is often the next step.
If I Can’t Find the Hit-and-Run Driver, Can I Get Compensation?
If the police don’t identify the driver who injured you your path to compensation is limited. Your best option is to go through your own insurance company. However, this route may not be available to you if you don’t have the right coverage.
Nevada drivers are required to carry the following minimum liability coverage:
- $25,000 in bodily injury per person
- $50,000 total in bodily injury per accident
- $20,000 in property damage
Unfortunately, this coverage only applies to damage you cause in an accident. It will not reimburse you for the losses you incur after a hit-and-run.
To protect themselves, many Nevada drivers choose to pay for additional coverage. One option is Medical Payments (MedPay) coverage, which pays for your and your passengers’ medical expenses regardless of fault.
Another option is uninsured/underinsured motorist coverage (UM/UIM). This coverage can provide substantial compensation by treating the hit-and-run driver as an uninsured motorist. With UM/UIM coverage, your insurer should pay for your medical treatment up to your policy limits.
It’s important to note that filing a claim with your own insurance company, even if you are not at fault, can impact your insurance rates. While a not-at-fault claim typically shouldn’t lead to premium surcharges, you might lose any claims-free discounts previously applied to your policy.
If you have questions about your policy or if your insurer is unwilling to approve your claim, consult with a hit-and-run accident lawyer.
How Do I Get Compensation When the Hit-and-Run Driver Is Found?
If the hit-and-run driver is identified and insured, you can file a claim with their auto insurance carrier, seeking compensation for medical expenses and property damage.
Most car accident claims are resolved through insurance settlements. However, if a fair settlement cannot be reached, you may consider filing a lawsuit and proceeding to trial.
Since the stakes are high, it’s crucial to seek guidance from an experienced trial lawyer.
What Happens If the At-Fault Driver Isn’t Insured?
Suppose that the police identify the driver who hit you and fled the scene. Unfortunately, you discover that the driver fled because they did not have auto insurance. In that case, the path to compensation is more complicated.
You have the right to file a personal injury lawsuit against the driver. However, some uninsured drivers lack assets that can be seized or garnished. Even if you win the lawsuit, you might not ever recover your damages. Some lawyers call these defendants “judgment proof”’; that is, collecting a judgment from them is difficult or impossible.
In such cases, victims typically need to turn to their own insurance coverage. However, Nevada’s minimum liability coverage does not offer financial support to victims of hit-and-run accidents. Only drivers who opt for add-ons like UM/UIM coverage or Medpay have this route open to them.
The path to compensation is hard, but that doesn’t mean it’s impossible. A lawyer might discover additional options after reviewing your case, such as a third-party lawsuit against a business or person who contributed to the accident.
Get Cameron Law in Your Corner
A claim after a hit-and-run accident in Las Vegas is not like any other type of accident claim. Success requires a clear understanding of legal obligations, potential penalties, and available avenues for seeking compensation.
With everything you’re up against, you need a steadfast legal advocate to protect your rights and find the most promising path to compensation. Contact Cameron Law today for a free consultation.
