Your car is damaged, you’re in pain, and the driver who hit you vanished like a thief in the night. Most hit-and-run victims make a critical mistake in the first 24 hours that completely destroys their chance at compensation
Criminal Consequences & Your Role in the Justice Process
What happens to the driver who hit you and fled? The answer depends on one thing that completely changes everything about their punishment. And honestly, it’s something most people don’t realize until it’s too late.
Hit-and-runs are criminal offenses in Nevada with serious penalties. I’ve worked with clients who were shocked to learn this. They thought the other driver just got a ticket or something small.
The law treats these cases differently based on whether you were injured or just your car was damaged. This critical factor transforms the entire legal approach.
When injuries occur, the stakes are life-altering. The driver faces felony charges under NRS 484E.010 – specifically category B felony charges with prison time ranging from 2 to 20 years. The courts can impose fines between $2,000 and $5,000.
Probation isn’t an option. The law explicitly prohibits probation for hit-and-run drivers who cause injuries or death. The judge must send them to prison. Each person injured or killed counts as a separate felony. If they hit a car with four people and all were injured, that’s four separate felonies, with penalties multiplying rapidly.
For property damage only, the offense falls under NRS 484E.020, making it a misdemeanor with up to 6 months jail time and a $1,000 fine. They also receive 6 demerit points on their license. The same applies if they hit your parked car or property like a fence under NRS 484E.040.
As a victim, you have specific rights in the criminal process that many don’t know about. You can serve as a witness, and police and prosecutors need your statements to prove charges. You’re entitled to updates about major developments in the case.
You also have the right to give a victim impact statement before sentencing. I recently represented Maria, whose emotional testimony about her ongoing physical therapy and inability to hold her newborn grandson directly influenced the judge to impose the maximum sentence on the driver who hit her.
The Nevada Victims of Crime Program can provide up to $35,000 in financial assistance for injury cases, covering medical bills, counseling costs, and lost wages. To qualify, you must:
- Report the crime to police within 5 days (exceptions exist if you were physically/mentally unable)
- Cooperate with the police investigation
- Submit your application within a year
- Prove the crime happened in Nevada
This program is particularly valuable when the driver is never found or lacks insurance or assets.
Remember that the criminal process focuses on punishment, not compensation. Even maximum sentences don’t pay your medical bills. Fines go to the court system, not directly to you. While courts might order restitution, collecting that money is difficult, especially if they’re imprisoned or lack assets.
This is why understanding your insurance options after a hit-and-run is crucial. Your insurance claim is about getting the money you need to recover and move forward, while the criminal case is about justice. Let’s talk about those insurance options next, because there are three types of coverage most hit-and-run victims never even think to file claims for.
Insurance Claims: Your Financial Safety Net
The moment after a hit-and-run, most victims make a crucial mistake that costs them thousands – waiting too long to file their claim or failing to document the scene properly. I’ve seen people lose out on compensation simply because they didn’t know what to do in those first critical minutes.
When the at-fault driver speeds away, you’re left wondering who will pay for everything. Your damaged car, medical bills, lost work time – it adds up fast, and it feels hopeless when the responsible person is gone.
Here’s something important – you have multiple insurance options even when the other driver is never caught. Your own insurance can help significantly.
First, check if you have Uninsured Motorist coverage (UM). Your insurance company treats hit-and-run drivers as uninsured drivers, allowing your UM coverage to pay for injuries up to your policy limits. If you have $50,000 in UM coverage, you can receive up to that amount for medical bills, lost wages, and pain and suffering.
Many clients are surprised by this. UM applies in hit-and-runs when there’s physical contact between vehicles. I worked with a client who documented paint transfer from the other vehicle onto her bumper, which secured her full $25,000 UM claim, whereas another client without proper documentation only received partial compensation.
Next, look for Medical Payments coverage (MedPay). This pays medical bills quickly regardless of fault – essentially no-fault coverage. While police search for the driver, MedPay covers hospital visits and physical therapy.
MedPay typically provides $1,000-$10,000 in coverage and pays immediately without waiting for investigation completion. This prevents medical bills from accumulating while other matters resolve.
Collision coverage pays to repair or replace your vehicle minus your deductible. Even when the other driver remains unidentified, this coverage handles your car repairs. You’ll pay your deductible, but that’s preferable to covering entire repair costs yourself.
Your insurance company requires proof of the hit-and-run. Here’s the documentation you need:
- Photos of vehicle damage from multiple angles
- Pictures of paint transfer from the other car
- Witness contact information and statements
- Police report (file immediately)
- Medical records and bills
- Journal documenting pain and daily life impacts
The claims process varies depending on whether you were driving, riding as a passenger, or walking. Drivers claim under their policy with coverages mentioned above. Passengers claim under the driver’s policy first, then their own if needed. Pedestrians can use their auto insurance even while walking – your UM coverage follows you everywhere.
Your insurance is your best protection after a hit-and-run. Without it, you might pay everything yourself. If insurance isn’t enough or police find the driver, civil lawsuits become an option. You can sue the driver directly for all damages, even if they face criminal charges simultaneously.
Remember, Nevada has a two-year statute of limitations for personal injury cases. Once this deadline passes, you permanently lose your right to sue. This brief window makes immediate action essential – many victims who hesitated after accidents found themselves without options when witnesses disappeared or evidence faded. Don’t let uncertainty about what to do cost you the compensation you deserve.
Conclusion
The moments right after a hit-and-run are make-or-break for your case. I’ve seen too many people lose out because they didn’t know what to do. Take photos of everything – your car, the scene, your injuries. Call the police immediately and get a report copy.
Remember these critical steps:
- Document everything
- Contact police and insurance promptly
- Watch that two-year Nevada lawsuit deadline
Like a lighthouse guiding ships through a storm, these actions can transform your crisis into recovery.
Armed with knowledge of your rights in both the courtroom and your insurance policy, you’re better prepared to reclaim your life.
