A hit-and-run crash is one of the most stressful types of accidents because the at-fault driver is trying to erase evidence. In Nevada, your best path to compensation is usually a combination of immediate evidence collection, prompt reporting, and identifying all available insurance coverage, including uninsured motorist (UM) coverage when the driver cannot be found.
Step 1: Call 911 and report the hit-and-run immediately
Hit-and-run crashes should be reported right away. Prompt reporting matters for public safety, for locating the fleeing driver, and for preserving insurance coverage.
This is especially important because Nevada’s UM statute has a built-in reporting requirement for unknown drivers. For a hit-and-run vehicle to qualify as an “uninsured motor vehicle” under Nevada’s UM statute, the crash must be reported to the proper law enforcement agency within the time required by Nevada’s crash reporting statutes (NRS 690B.020(3)(f)(2); NRS 484E.030; NRS 484E.040; NRS 484E.050).
Step 2: Get a description that can actually locate the vehicle
As soon as it is safe, write down or record:
- License plate number (even partial)
- Make, model, color, body style
- Distinct damage (missing bumper, cracked taillight, dents)
- Stickers, rims, racks, commercial logos
- Direction of travel and last known location
- Driver description (only if you saw them clearly)
If you have passengers, assign tasks: one person calls 911, another documents, another speaks to witnesses.
Step 3: Identify witnesses and cameras, then preserve the evidence
Witnesses and video are often the difference between “no case” and a strong case.
- Get witness names, phone numbers, and emails.
- Ask witnesses to stay until police arrive, if possible.
- Identify cameras at gas stations, bars, casinos, apartment buildings, or intersections.
- Preserve your own dash cam or phone video immediately.
Nevada spoliation principles can create severe consequences when key evidence is lost after a party is on notice of a claim, so early preservation is critical (Stubli v. Big D Int’l Trucks, Inc., 107 Nev. 309, 810 P.2d 785 (1991); Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 747 P.2d 911 (1987); Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006)).
Step 4: Get medical attention and document injuries
Hit-and-run crashes often involve sudden impacts, hard braking, or secondary collisions. Get evaluated and document symptoms promptly.
Step 5: Understand Nevada hit-and-run duties, and why they matter for your case
Nevada imposes duties on drivers involved in crashes:
- In crashes involving injury or death, drivers must stop and remain at the scene and fulfill statutory duties (NRS 484E.010; NRS 484E.030).
- In crashes involving damage to a vehicle or other property, drivers must stop and provide required information (NRS 484E.020; NRS 484E.030).
- For unattended vehicles or property, there are additional duties to locate the owner or leave notice and report (NRS 484E.040; NRS 484E.050).
A fleeing driver is violating these duties, which can support liability. But your practical challenge is proof and collectability, meaning whether there is a source of payment. That is where insurance becomes central.
Step 6: How uninsured motorist coverage works in Nevada hit-and-run crashes
The statute that matters
Nevada requires UM coverage in auto liability policies unless rejected in writing, and it defines when a vehicle is considered “uninsured,” including certain hit-and-run situations (NRS 690B.020).
Physical contact requirement for unknown drivers
For an unknown or unlocatable driver to qualify as an “uninsured motor vehicle” under the hit-and-run definition, Nevada law requires bodily injury or death resulting from “physical contact” with the insured person (or their occupied vehicle) (NRS 690B.020(3)(f)(1)).
The Nevada Supreme Court has interpreted this requirement strictly. In Kern v. Nevada Ins. Guar. Ass’n, the Court held the statute contemplates actual physical contact between the insured and the uninsured or hit-and-run vehicle, rejecting a claim where the insured encountered a slick substance allegedly left by an unknown vehicle (Kern v. Nev. Ins. Guar. Ass’n, 109 Nev. 752, 856 P.2d 1390 (1993)).
What this means in plain terms:
- If the hit-and-run vehicle strikes you and flees, that is typically “physical contact.”
- If you crash while swerving to avoid a vehicle and there is no contact, UM coverage under the statutory hit-and-run definition can become much harder to prove, and you should speak with counsel immediately about alternative theories and coverage.
Reporting requirement for unknown drivers
Even with physical contact, Nevada also requires that the crash be reported to the proper police agency within the time required by Nevada’s crash reporting statutes (NRS 690B.020(3)(f)(2); NRS 484E.030; NRS 484E.040; NRS 484E.050). If you delay reporting, you risk giving the insurer an argument that the statutory definition is not met.
Nevada case law enforcing UM principles
Nevada courts treat UM coverage as important protection against the financial hardship caused by uninsured drivers (Siggelkow v. Phoenix Ins. Co., 109 Nev. 42, 846 P.2d 303 (1993)). Nevada courts also scrutinize policy provisions that attempt to limit UM rights in ways inconsistent with Nevada public policy, including invalidating certain “consent to sue” style provisions (Allstate Ins. Co. v. Pietrosh, 85 Nev. 310, 454 P.2d 106 (1969)).
In Farmers Ins. Exch. v. Neal, the Nevada Supreme Court addressed UM benefits in a hit-and-run context and recognized that a hit-and-run driver can qualify as an uninsured motorist under NRS 690B.020 (Farmers Ins. Exch. v. Neal, 119 Nev. 62, 64 P.3d 472 (2003)).
Step 7: Consider whether you must file a Nevada DMV crash report
If the crash results in bodily injury or death, or apparent total property damage of $750 or more, Nevada generally requires a written or electronic report to the DMV within 10 days if the crash is on a highway or premises open to the public, subject to statutory exceptions (NRS 484E.070(2) to (5)).
Step 8: Protect the civil case deadlines
Most Nevada personal injury claims must be filed within two years (NRS 11.190(4)(e)). Evidence often disappears long before then, which is why early investigation matters in hit-and-run cases.
Nevada Legal Authorities Cited
Statutes
- NRS 11.190(4)(e)
- NRS 484E.010
- NRS 484E.020
- NRS 484E.030
- NRS 484E.040
- NRS 484E.050
- NRS 484E.070
- NRS 690B.020
Case law
- Allstate Ins. Co. v. Pietrosh, 85 Nev. 310, 454 P.2d 106 (1969)
- Bass-Davis v. Davis, 122 Nev. 442, 134 P.3d 103 (2006)
- Farmers Ins. Exch. v. Neal, 119 Nev. 62, 64 P.3d 472 (2003)
- Fire Ins. Exch. v. Zenith Radio Corp., 103 Nev. 648, 747 P.2d 911 (1987)
- Kern v. Nev. Ins. Guar. Ass’n, 109 Nev. 752, 856 P.2d 1390 (1993)
- Siggelkow v. Phoenix Ins. Co., 109 Nev. 42, 846 P.2d 303 (1993)
- Stubli v. Big D Int’l Trucks, Inc., 107 Nev. 309, 810 P.2d 785 (1991)
If you need assistance with your personal injury case, don’t hesitate to contact Friedman Injury Law.
Friedman Injury Law
375 N. Stephanie St., Ste. 1411
Henderson, NV 89014
P: (702) 970-4222
W: blakefriedmanlaw.com