Las Vegas Personal Injury Lawyer
Even if the driver is never found, your own uninsured motorist (UM) coverage can still pay for your injuries. We lock down surveillance footage before it's overwritten, push back on your insurer's lowball tactics, and you pay nothing unless we win.
Yes. Under Nevada law, a hit-and-run driver who is never identified is treated as an uninsured motorist. That means your own uninsured motorist (UM) coverage can pay for your medical bills, lost income, and pain and suffering, the same way it would if the driver had stopped and had no insurance.
That is the path most hit-and-run injury claims take. But it is not automatic. Nevada's UM statute, NRS 690B.020, attaches two conditions to claims against an unknown driver, and your UM insurer will test both before it pays. If police later identify the driver, the claim can expand into a full liability claim against that driver and their insurance company.
What decides the outcome is how quickly the claim is built. Surveillance footage along the Strip and major corridors gets overwritten, witnesses leave town, and your insurer starts evaluating your claim the day you report it. Below, we break down exactly who pays, what Nevada requires, and how to protect your claim from the start.
Your own auto policy pays, primarily through uninsured motorist (UM) coverage, backed up by MedPay, health insurance, and collision coverage for your vehicle. This is the coverage you have been paying premiums on, and a hit-and-run is exactly the situation it was built for. The challenge is that your own insurer now controls the payout.
Under NRS 690B.020(3)(f), a vehicle whose driver is unknown, or cannot be found after reasonable diligence, counts as uninsured only when both of these conditions are met:
The hit-and-run vehicle actually struck you or the vehicle you were in. The Nevada Supreme Court enforced this rule in Kern v. Nevada Insurance Guaranty Association (1993): without contact, there is no statutory UM coverage against an unknown driver.
A driver who ran you off the road without touching you is not a dead end. If that driver is identified, or your policy is broader than the statute, the claim can still be recoverable. That is why we read your policy word for word.
The crash must be reported to police within the time frame set by Nevada's crash-reporting statutes, which in practice means right away. A late report hands your insurer a reason to deny.
In Las Vegas and unincorporated Clark County, including the Strip, that is LVMPD. In Henderson or North Las Vegas, it is that city's police department. Freeway crashes are typically handled by the Nevada Highway Patrol. See how hit-and-run reporting works in Las Vegas.
Insurers treat these two conditions as their first line of denial. Photos of the impact damage, paint transfer, medical records consistent with a vehicle strike, the police report number, and camera or witness evidence are what close that door, which is why the claim has to be built from the first day.
UM coverage follows the people insured under the policy, not just the car. Depending on how your policy defines an insured, it can cover you as a driver, a passenger, a pedestrian in a crosswalk, or a cyclist, and it may extend to family members who live in your household.
If you were a passenger in someone else's vehicle, that vehicle's UM coverage may apply first, with your own policy potentially adding coverage on top of it.
Nevada requires every auto insurer to offer UM/UIM coverage in an amount equal to your bodily injury liability limits under NRS 687B.145(2). Drivers can decline it, so the first thing we check is your declarations page. Two details often increase what is available:
If you declined UM coverage, you are not out of options. MedPay, health insurance, and a claim against the driver if police identify them can all still apply.
| Coverage | What It Pays | What to Know |
|---|---|---|
| Uninsured Motorist (UM) | Medical bills, lost income, and pain and suffering, up to your UM limits | The main recovery source when the driver is never found. Unknown-driver claims require physical contact and a prompt police report under NRS 690B.020(3)(f). |
| Medical Payments (MedPay) | Reasonable and necessary medical expenses, regardless of who was at fault | Optional coverage. Nevada insurers must offer at least $1,000 in MedPay under NRS 687B.145(3). Often the fastest money in the claim. |
| Health Insurance | Medical treatment under your plan's terms | Your health plan may have a right to be repaid from your settlement, which affects your net recovery. |
| Collision Coverage | Repair or replacement of your vehicle, minus your deductible | Covers property damage only. It does not pay for your injuries. |
| Underinsured Motorist (UIM) | The gap between an identified driver's limits and your actual damages | Applies if police identify the driver and their policy is too small. Nevada's minimum is $25,000 per person under NRS 485.185. |
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The claim changes shape. Once the driver is identified, you can pursue a bodily injury claim against them and their insurer, and the physical-contact rule for unknown drivers no longer controls. If the driver turns out to be uninsured, your UM coverage still applies. If they carry only Nevada's minimum limits of $25,000 per person, your underinsured motorist (UIM) coverage can cover the gap, up to your limits.
Timing matters. Settling your UM claim and signing a release before the driver is found can affect what you recover later, so have an attorney review any release before you sign it. Criminal charges against the driver do not control your civil claim. The two cases run on separate tracks.
Once the driver is identified, the driver is liable for your injuries. Depending on whose car it was, why they were driving, and who supplied the alcohol, a vehicle owner, an employer, or in narrow cases a social host can share that responsibility. Every additional liable party can mean another insurance policy behind your recovery.
Once identified, the driver is personally liable for your injuries, and their auto insurance pays first. Leaving the scene of an injury crash is also a felony under NRS 484E.010.
Your civil claim does not depend on that criminal case or on a conviction.
NRS 484E.010The person who fled is not always the owner. Under NRS 41.440, an owner who lets an immediate family member drive shares liability for that driver's negligence.
Lending the car to someone known to be unlicensed or impaired can create a negligent entrustment claim. If the car was stolen, your UM coverage usually applies instead.
NRS 41.440If the driver was on the job, in a company vehicle, making deliveries, or working as a valet, the employer can be held responsible for the crash.
Commercial policies usually carry higher limits, and fleet GPS records can help prove who was behind the wheel.
Employer LiabilityUnder NRS 41.1305, Nevada bars, casinos, and restaurants generally cannot be held liable for over-serving an adult driver.
The narrow exception: anyone who knowingly served a driver under 21 can be liable, usually a social host.
Narrow in Nevada: NRS 41.1305In Las Vegas, the location of a hit-and-run often points to the type of driver involved, and the type of driver determines which policies are in play.
Tourists in rental cars, heavy pedestrian crossings, and constant rideshare traffic. A driver who flees on the Strip is often in a rental or working a rideshare shift, which changes which policy applies. The density of resort cameras also gives us more ways to identify them.
The corridor behind the east-side resorts, crowded with rideshare pickups, delivery vans, and shuttle traffic. Once identified, a commercial driver here often brings an employer and a commercial policy into the claim.
A major east-west artery that crosses both the Strip and I-15, where a fleeing driver can be on the freeway within minutes. Fast requests for business and traffic footage along the route matter most here.
Porte-cocheres and parking garages mix pedestrians, valets, and arriving guests. If a valet or shuttle driver caused the crash, the resort or valet company can be liable as the employer, and resort security footage is often the strongest evidence available.
If the driver is never identified, there is no one on this list to name, and that is exactly when your UM claim carries the case. But identifying the driver is worth fighting for, because every name added can mean more coverage for your recovery.
“I spent years on the insurance defense side, so here’s what most drivers never hear: when someone hits you and drives away, the policy that protects you is your own. Uninsured motorist coverage is what steps in when the other driver vanishes. In Nevada, insurers have to offer it, but you can turn it down, and too many people learn they declined it on the day they need it most.
If you carry UM/UIM, that coverage isn’t a favor from your insurer. You paid for it, and you’re entitled to its full value. Adjusters know how to question the crash and shrink an injury on paper. You focus on healing. Making your own insurance company pay what it owes is our job.”
The evidence that can identify the driver and prove your claim starts disappearing within hours. Camera footage gets recorded over, witnesses leave town, and damaged vehicles get repaired. In a hit-and-run, that evidence is doing two jobs at once: finding the driver and proving the physical contact your UM claim depends on.
Nevada's UM statute requires a prompt report to police for an unknown-driver claim. A report made from the scene, or as soon as you are able, protects the claim before anything else can.
Casino, hotel, gas station, and doorbell cameras record over themselves on rolling cycles, sometimes within days. Once footage is overwritten, it is gone for good.
In a city built on visitors, the person who saw the driver flee may already be flying home. Names, phone numbers, and statements need to be secured while people can still be found.
Paint transfer, impact height, and debris can point to the type of vehicle that fled, and they prove the physical contact Nevada requires. Document everything before any repair.
In most hit-and-run cases, the insurance company you are up against is your own. Your UM carrier owes you good faith as its policyholder, but every dollar it does not pay stays on its books. These are the arguments it uses to close unknown-driver claims, and what Nevada law actually says.
This is the most common denial in unknown-driver claims. Nevada requires physical contact under NRS 690B.020(3)(f), and it is proven with impact damage, paint transfer, medical records consistent with a vehicle strike, the police report, and camera or witness evidence.
An unknown-driver UM claim does require a prompt police report. If you reported it, the report number and timestamp answer this. If there was a delay, the reason for it matters, and that is a fight worth having with a lawyer.
With no other driver present to tell their side, insurers try to shift the blame onto you. Under NRS 41.141, you can still recover as long as you were not more than 50% at fault, with your damages reduced by your share. Every point of fault they assign costs you money.
Your policy may require you to cooperate with your own insurer, but a recorded statement is also where adjusters look for inconsistencies to use later. Talk to a lawyer before you give one.
Nevada's unfair claims practices law, NRS 686A.310, requires insurers to investigate promptly and handle claims fairly, and that duty applies to their own policyholders. When a UM carrier stalls or lowballs a claim it should pay, that conduct can become part of the case.
Every hit-and-run case runs on two tracks at once: finding the driver, and building a UM claim strong enough to pay even if they are never found. We work both from day one, so the case moves forward no matter how the search turns out.
In most cases, yes. How the claim works depends on what happened and whether the driver is ever found. Here are the four situations we see most.
Being struck directly satisfies Nevada's physical-contact rule. Depending on how your auto policy defines an insured, your own UM coverage can pay even though you were not in a car, and a household member's policy may also apply.
It is still a hit-and-run under Nevada law. Your collision coverage is usually the fastest path to repairs, and if the driver is identified, their property damage coverage pays. File a police report either way.
You can now pursue the driver and their insurer directly, and the physical-contact rule for unknown drivers no longer controls. If their limits are too low, your UIM coverage can cover the gap.
Your uninsured motorist coverage steps in as long as there was physical contact and the crash was promptly reported to police under NRS 690B.020(3)(f).
In a hit-and-run, the first few steps do more than protect your health. They satisfy the conditions your UM claim depends on. Here is what matters most, and the deadlines that run faster than most people expect.
The deadlines that matter most: Nevada gives you two years from the date of the crash to file a personal injury claim under NRS 11.190(4)(e). But in a hit-and-run, the clocks that end claims run much faster. Your UM claim depends on a prompt police report under NRS 690B.020(3)(f), your policy likely requires prompt notice of the claim, and the footage that could identify the driver can be overwritten within days. Don't let the two-year clock convince you there is time to wait.
A hit-and-run is one of many vehicle accident types we handle across the city. To see how your case fits the bigger picture, including citywide crash-hotspot data and every crash type under one roof, visit our Las Vegas Motor Vehicle Accident Lawyer hub.
Nevada gives you two years from the date of the crash to file a personal injury claim, under NRS 11.190(4)(e). In a hit-and-run, the practical deadline is much shorter: an unknown-driver UM claim requires a prompt police report under NRS 690B.020(3)(f), and most policies require prompt notice of the claim. Report the crash and have your case reviewed right away.
You can still recover through your own uninsured motorist (UM) coverage. Under NRS 690B.020(3)(f), an unknown driver is treated as uninsured if their vehicle made physical contact with you or the vehicle you were in, and the crash was promptly reported to police. If your insurer denies the claim, that denial can be challenged.
Yes. Your civil claim is completely separate from any criminal case. Leaving the scene of a crash that injures someone is a category B felony under NRS 484E.010, punishable by 2 to 20 years in prison, but a criminal case punishes the driver and does not compensate you. A civil claim only has to show the driver was more likely than not responsible, and it can move forward whether or not charges are ever filed.
Nevada's UM statute requires physical contact when the driver is unknown, and the Nevada Supreme Court enforced that rule in Kern v. Nevada Insurance Guaranty Association (1993). If the driver is identified, however, you can pursue a normal claim against them without any contact requirement, and some policies are broader than the statute. Have your policy reviewed before assuming you have no claim.
Often, yes. UM coverage follows the people insured under the policy, not just the car, so depending on how your policy defines an insured, it can cover you as a pedestrian or cyclist. A policy held by a relative you live with may also apply.
You may still have options. MedPay, health insurance, and collision coverage can pay for medical bills and vehicle damage, a household member's policy may provide UM coverage, and if police identify the driver, you can pursue them and their insurer directly.
You can still recover as long as you were 50% or less at fault. Under Nevada's modified comparative negligence rule (NRS 41.141), your compensation is reduced by your share of fault but not eliminated, and only a finding of 51% or more bars recovery entirely. The percentage an insurer assigns you is a negotiating position, not a final ruling.
Nothing upfront. Howard Injury Law works on contingency, which means no retainer, no hourly fees, and no cost at all unless we win your case. The consultation is free, and if we do not recover for you, you owe us nothing.
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Car AccidentStraight answers to the questions that come up after a Las Vegas hit-and-run, so you understand your options before you decide anything.
Founding attorney Glen Howard has spent his career standing beside Las Vegas crash victims and families after serious collisions turned their lives upside down — and that's shaped the compassion he brings to every case. He and his team understand that a hit-and-run isn't a case file; it's a life-changing event for you and the people who love you, and it's treated that way here. He has recovered more than $80 million for injury victims and their families, and you'll work directly with Glen and a dedicated case manager who handle you with care and respect — not a rotating cast of paralegals.
Read Glen's full storyYou never expected to be here. No one is supposed to know how to fight an insurance company, preserve evidence, or navigate Nevada injury law while recovering from a serious crash.
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6330 Spring Mountain Rd Ste D, Las Vegas, NV 89146