Getting into an accident is inconvenient at least and medically and financially painful—at the most. Even worse that being involved in a car accident through no fault of your own, sometimes the at-fault driver flees the scene of the crash. This is commonly referred to as a “hit-and-run” accident. While these types of accidents are not ideal, it is still possible for a victim of a Nevada hit-and-run accident to be able to recover monetary compensation for injuries suffered due to the at-fault driver.
Car Insurance Coverage
Several Nevada car insurance policies contain what is known as uninsured motorist (UM) and/or underinsured motorist (UIM) clauses. These clauses mean that a covered person will be insured for accidents involving at-fault drivers who did not have proper insurance coverage at the time of the crash. These clauses also mean that a person who is covered under the car insurance policy will also have access to coverage for accidents caused by another when the at-fault driver flees the scene of the crash. Typically, a hit-and-run accident can be viewed in the same manner as if the crash happened with an at-fault driver who had no insurance coverage at all.
In Nevada, as is in many states across the country, UM and/or UIM coverage is not required as it is above and beyond the minimum auto insurance liability requirements imposed by the state. Nevada’s liability auto insurance insurance covers an injured driver is he or she is at-fault for a car crash; this coverage also provides monetary compensation to other injured parties involved in the accident to cover property damage and bodily injury expenses.
Just like any other insurance coverage, before you can begin receiving UM or UIM coverage for a hit-and-run accident—or any other type of Nevada car accident where UM or UIM would come into play—you must first pay the required deductible. You can typically choose the deductible you want, with a higher deductible resulting in a lower monthly premium and vice versa. The average coverage amount for UM/UIM in Nevada is $50k/$30k.
Damages Available in a Nevada Hit and Run Accident
It is important to keep in mind that fleeing the scene of an accident is a crime across the country. Nevada is no exception to this rule. A driver who is charged with a hit-and-run can face criminal penalties. Under Nevada law, NRS 484E.030, all drivers are required to stop after an accident and remain at the scene of the crash. State law allows a victim of a personal injury to pursue monetary damages. Specifically, Nevada law allows for compensation for medical expenses (past and future), loss of wages (past and future), property damage, as well as pain and suffering.
Of note, Nevada law sets a time frame during which a person must file a personal injury lawsuit in state court. Under NRS 11.1190, a victim of a personal injury has up to two years after the date of an accident to file a personal injury claim. This law imposing the two-year limit is referred to as a statute of limitations. It is vital to pay close attention to the statue of limitation in any personal injury case, as failure to file a claim in court can forever bar your ability to pursue monetary damages.
If you or someone you know has been injured in a hit and run accident in Nevada, do not delay. Contact the skilled personal injury attorneys at Parry & Pfau today to learn about your rights and obligations under Nevada law.
(image courtesy of Tom Coe)