A motorcycle accident is frightening enough when the other driver stays at the scene. When that driver speeds away, injured riders are left with another immediate concern: Who is going to pay for my injuries if the person who caused the crash cannot be found?
A hit-and-run does not automatically prevent you from recovering compensation. Depending on the circumstances, law enforcement may identify the driver after the crash, or you may be able to pursue benefits through applicable uninsured motorist coverage.
The first hours after the collision can matter. Evidence that may help identify the fleeing vehicle can disappear quickly, and Nevada insurance law places specific requirements on certain hit-and-run claims.
If you were injured while riding in Henderson, a Henderson motorcycle accident lawyer at DBLF Injury Lawyers can investigate what happened, review your available insurance coverage, and determine what sources of compensation may be available.
Nevada law requires drivers involved in crashes to stop and fulfill certain duties after an accident. Those obligations can include remaining at the scene, providing identifying and vehicle information, and rendering reasonable assistance when someone has been injured.
The requirements are addressed in Chapter 484E of the Nevada Revised Statutes.
A driver who hits a motorcyclist and simply leaves is not relieved of responsibility because they fled. The practical problem for the injured rider is determining who that person was and locating the insurance coverage or assets that may be available.
If the other driver leaves the scene, report the collision to law enforcement immediately.
Tell the responding officer everything you remember about the vehicle and driver, even if a detail seems insignificant. Useful information can include:
Do not assume that a partial license plate is useless. When combined with the vehicle’s color, model, location, and other evidence, it may help investigators narrow down possible vehicles.
A prompt police report can also become important when presenting a hit-and-run insurance claim.
A rider’s first instinct may be to follow the fleeing vehicle. That can create another dangerous situation, particularly when the motorcycle has already been damaged or the rider has sustained an injury that is not immediately obvious.
Instead, move to a safe location if possible, contact emergency services, and preserve as much information as you can.
Trying to pursue another vehicle through Henderson traffic can put you and other motorists at further risk while also taking you away from witnesses and evidence at the original crash scene.
Hit-and-run cases often depend more heavily on independent evidence because the other driver is not there to give police their information.
If your condition permits, identify anyone who saw the collision or the fleeing vehicle. Get their names and contact information rather than assuming they will remain at the scene until officers arrive.
Video can be especially valuable. Depending on where the accident occurred, footage may exist from:
Video evidence may not be retained indefinitely. Some systems automatically overwrite recordings after a relatively short period, making early investigation important.
Potentially, yes.
Nevada law specifically addresses insurance coverage for crashes involving uninsured and hit-and-run vehicles. Nevada Revised Statutes § 690B.020 governs uninsured motorist coverage and includes provisions relating to hit-and-run vehicles.
If applicable uninsured motorist coverage is available under your motorcycle insurance policy or another policy that covers you, you may be able to make a claim even when the at-fault driver has not been identified.
Uninsured motorist coverage is often referred to as UM coverage. Instead of seeking compensation from the unknown driver’s liability insurer, you make a claim through your own applicable insurance coverage.
That does not mean your insurer simply pays whatever amount you request. You still generally must establish that another driver was responsible for the crash, that you suffered compensable injuries and losses, and that the claim falls within the applicable policy and Nevada law.
Motorcycle riders should not assume that every single-vehicle crash caused by an unknown driver will automatically qualify as a hit-and-run claim.
Nevada’s uninsured motorist statute contains specific provisions concerning hit-and-run vehicles, including requirements that can affect whether UM coverage applies. The facts surrounding physical contact, reporting of the crash, available corroborating evidence, and the language of the applicable policy can all become important.
For example, there can be a significant legal difference between a vehicle physically striking a motorcycle and a situation in which an unidentified vehicle forces a motorcyclist off the road without making contact.
That is one reason it is valuable to have the policy and accident facts reviewed rather than assuming coverage exists—or assuming that it does not.
This is one of the more complicated scenarios in a motorcycle hit-and-run case.
Imagine a driver abruptly changes lanes, forcing a motorcyclist onto the shoulder. The rider crashes, but the other vehicle never physically touches the motorcycle and continues driving.
The unknown driver may still have caused the collision. However, whether the motorcyclist can recover through uninsured motorist coverage can depend on Nevada statutory requirements, the evidence available, and the terms of the insurance policy.
Because these claims can turn on details that seem technical, riders involved in a “miss-and-run” crash should preserve all available evidence and obtain legal advice before accepting an insurer’s conclusion that the claim is not covered.
If investigators identify the driver, the claim may proceed much like another fault-based motorcycle accident case.
The driver’s liability insurance may provide a source of recovery if coverage existed at the time of the crash. Depending on the circumstances, additional parties could also be involved—for example, if the driver was operating a vehicle for an employer or business when the collision occurred.
An investigation may look at:
The fact that the driver fled can become relevant evidence, but a personal injury claim still requires proof of liability, injuries, damages, and causation.
The compensation available will depend on the severity of your injuries, the insurance coverage involved, and the circumstances of the collision.
A motorcycle accident claim may involve losses such as:
Motorcyclists can suffer significant injuries even in crashes that occur at relatively moderate speeds. Brain injuries, fractures, road rash, spinal trauma, joint injuries, and permanent scarring can require substantial treatment and affect a rider’s ability to work or return to normal activities.
Many riders assume that making an uninsured motorist claim against their own insurance policy means the process will be simple because they have been paying premiums to that carrier.
The relationship is more complicated once a claim is made.
Your insurer may investigate how the crash happened, challenge whether the unidentified driver caused it, question the nature or extent of your injuries, dispute medical treatment, or disagree about the value of your losses.
An uninsured motorist claim therefore still requires evidence. Medical records, crash documentation, witness testimony, photographs, video, expert analysis, and other information may become important when establishing what occurred and how significantly the accident affected you.
Preserve anything that could help reconstruct the collision or document your losses.
This may include:
Do not repair, sell, or dispose of a badly damaged motorcycle or safety gear before considering whether those items may have evidentiary value. Physical damage patterns can sometimes help experts understand how a collision occurred.
Nevada generally imposes a two-year statute of limitations on actions to recover damages for personal injuries under NRS § 11.190, although exceptions and different deadlines can apply depending on the facts.
Insurance claims can also involve notice requirements and contractual obligations that should be addressed much sooner than the lawsuit deadline.
Waiting can make a hit-and-run case especially difficult because witnesses become harder to locate, memories fade, video may be overwritten, and physical evidence can disappear.
A lawyer cannot guarantee that a fleeing driver will be found, but an independent investigation may uncover evidence that was not immediately available at the scene.
Depending on the case, an attorney may:
The goal is not merely to locate the other driver. It is to identify every legitimate avenue for recovering compensation for the harm caused by the collision.
A driver leaving the scene can make a motorcycle accident claim more complicated, but it does not necessarily eliminate your ability to recover compensation.
At DBLF Injury Lawyers, our attorneys represent injured people in Henderson and throughout Southern Nevada in serious motor vehicle cases. Lead attorney David Boehrer has nearly two decades of experience handling complex motor vehicle litigation and wrongful death claims and has served in leadership with the Nevada Justice Association.
If the driver who hit you fled, our team can examine the available evidence, investigate potential sources of insurance coverage, and help you understand the options available under Nevada law.
Contact DBLF Injury Lawyers or call (702) 750-0750 to discuss your Henderson motorcycle accident claim.
Disclaimer: Case results, outcomes, and testimonials are not guarantees of future success. Every claim is unique. This page is for informational purposes only and does not constitute legal advice. Insurance coverage and legal deadlines depend on the specific circumstances of each case. For advice specific to your circumstances, contact one of our attorneys directly.
