Can I sue a hit and run driver in Nevada?

Yes, you can sue a hit and run driver in Nevada, leaving the scene does not shield someone from civil liability. The challenge is usually practical, you have to identify the driver or another legally responsible party to pursue a meaningful lawsuit.

Below is a detailed Nevada focused breakdown of how these cases work, the deadlines, and what to do when the driver is not immediately found. This is general legal information, not legal advice for your specific situation.

1. If the hit and run driver is identified, you can sue like any other negligence case

Once you know who the driver is, you can file a civil lawsuit for the damages caused by the crash, for example medical bills, lost wages, pain and suffering, future care, and vehicle or other property damage.

Common defendants in Nevada hit and run civil cases can include:
1. The driver who fled
2. The owner of the vehicle, depending on the facts and available legal theories
3. An employer, if the driver was working at the time and the case fits respondeat superior principles
4. Other responsible parties, if a separate hazard contributed to the crash, for example unsafe roadway conditions in rare cases

Hit and run is also a crime under Nevada law, but the criminal case is separate from your civil lawsuit. A criminal charge or conviction can help prove facts, and restitution may be ordered, but you generally should not wait on the criminal case to protect your civil deadlines.

2. Key deadlines, do not miss these.

Nevada statutes of limitation apply even if the driver fled.

Most common deadlines are:
1. Personal injury, generally 2 years from the date of the crash, under NRS 11.190(4)(e)
2. Wrongful death, generally 2 years from the date of death, also under NRS 11.190(4)(e)
3. Property damage, commonly 3 years, under NRS 11.190(3)(c)

Because hit and run investigations can take time, it is smart to get a legal plan in place early so the case can be filed on time if the driver is identified late, or so your insurance options are preserved if the driver is never found.

3. If the driver is not identified, a lawsuit may not be the best or most realistic path

If you do not know who hit you, and the police cannot identify them, you cannot practically “collect” from an unknown person, even though you have a valid claim in the real world.

Nevada does have a procedural tool that sometimes helps preserve a case while an investigation continues, NRCP 10(d) allows pleading against a fictitious defendant when a person’s name is not known at the time the complaint is filed, and later substituting the true name when discovered. That said, fictitious party practice has technical requirements and diligence expectations, and it is not a magic workaround if you truly have no identifying information. This is one of the areas where speaking with counsel early makes a big difference.

In many real hit and run cases, the more productive route is insurance, especially uninsured motorist coverage.

4. Uninsured motorist coverage is often the main recovery option in Nevada hit and run cases

Nevada law requires auto insurers to offer uninsured motorist coverage, and you can reject it in writing. If you have UM coverage, it is designed to pay bodily injury damages you are legally entitled to recover from an uninsured driver, including certain hit and run situations.

Important Nevada specific point, under NRS 690B.020, an “uninsured motor vehicle” includes a hit and run situation where the owner or operator is unknown or cannot be found after reasonable diligence, but only if:
1. The injury or death resulted from physical contact with you, or with the vehicle you were occupying, and
2. The crash was reported to the proper police agency within the time required by Nevada’s crash reporting statutes (the timing rules are tied to NRS 484E.030, NRS 484E.040, and NRS 484E.050, which generally use “forthwith” or “immediately” type language depending on the scenario)

What this means in plain terms:
If you were actually struck and the driver fled, UM is commonly available if you carry it and you promptly report the crash if there was no physical contact, for example you swerved to avoid a reckless car and crashed, statutory UM can be much more complicated, and coverage may depend on your specific policy language and facts.

Also, Nevada’s statutory UM framework is focused on bodily injury and death. Vehicle repairs are usually handled through collision coverage, or an uninsured motorist property damage endorsement if you have one, or other applicable coverage, depending on your policy.

5. What to do right away after a Nevada hit and run, to protect both a lawsuit and a UM claim

These steps are about preserving evidence and preserving coverage, both are time sensitive.

1. Call 911 or report to law enforcement immediately, ask for the report number
2. Photograph everything, vehicle damage, debris, paint transfer, injuries, roadway, skid marks, and the direction the other car fled
3. Gather witness information right away, names, phone numbers, and written or recorded statements if possible
4. Look for cameras immediately, nearby businesses, residences, traffic cameras, dashcams, rideshare cams, and request preservation quickly because many systems overwrite footage
5. Get medical care promptly, and make sure your providers document that the injuries are from a motor vehicle collision
6. Notify your own insurer promptly, and if you are making a UM claim, follow the policy’s notice and cooperation requirements closely
7. If the hit and run driver is later identified, do not assume the insurer will “handle it,” protect your deadlines and evaluate whether filing suit is necessary

6. A practical reality check, collectability matters

Even if you successfully sue a hit and run driver and obtain a judgment, collecting can be difficult if the driver has no insurance and limited assets. That is one reason UM coverage is so important in Nevada, it can provide a real source of recovery when the at fault driver disappears or is uninsured.

Bottom line

Yes, you can sue a hit and run driver in Nevada once the driver is identified, and the case follows standard negligence rules with standard Nevada deadlines. If the driver is not identified, your best path is often an uninsured motorist claim if you have UM coverage, and Nevada law imposes specific requirements for unknown driver hit and run UM claims, including physical contact and prompt reporting.