When a driver causes a crash and flees the scene—especially in cases without physical contact—it’s known as a “phantom vehicle” or “no-contact accident.” These situations can be challenging due to the negligent driver’s disappearance. However, with careful evidence gathering and skilled legal representation, justice is possible.
At Cogburn Davidson Car Accident & Personal Injury Lawyers, our team has decades of experience handling complex claims, including hit-and-run incidents, across Nevada. We have recovered over $100 million for clients and have been recognized by Super Lawyers and the Nevada Justice Association.
Led by Jamie S. Cogburn, a former President of the Nevada Justice Association, and trial lawyer Hunter Davidson, our attorneys possess in-depth knowledge of Nevada’s insurance laws and crash reconstruction. This knowledge enables us to pursue cases effectively and ensure insurance companies take them seriously.
What Is a Phantom-Vehicle (No-Contact) Accident?
A phantom vehicle accident occurs when another driver’s actions—like swerving, cutting off, or forcing another car off the road—cause a crash. However, there is no physical collision, and the at-fault driver leaves the scene.
Common examples include:
- A speeding driver merges into your lane, forcing you to swerve into a guardrail
- A distracted driver drifts across the line, causing a chain reaction behind you
- A reckless driver brake-checks or forces you to veer off the road, then drives away
Under NRS 484E.010–484E.030, every driver involved in an accident must stop, identify themselves, and render aid. Failing to do so—whether there was contact or not—can result in misdemeanor or felony charges, depending on injury or death.
But for victims, the civil side is what matters: proving negligence and linking that negligent act to your crash.
Nevada follows modified comparative negligence (NRS 41.141). You can still recover compensation if you are less than 51% at fault, though your percentage of fault will reduce your award.
Historic Case Law: Nevada Courts on Phantom & No-Contact Liability
- State Farm Mut. Auto. Ins. Co. v. Hinkel, 87 Nev. 478, 488 P.2d 1151 (1971): The Nevada Supreme Court held that an insured could recover under uninsured motorist coverage when a phantom vehicle forced the insured off the road, even though there was no physical contact. However, independent corroboration must support the claim.
- State Farm Mut. Auto. Ins. Co. v. Cassinelli, 67 Nev. 227, 216 P.2d 606 (1950): Earlier precedent recognizing that “actual contact” is not required for negligence to be established if evidence sufficiently proves the unidentified driver’s conduct caused the crash.
- Allstate Ins. Co. v. Pietrosh, 85 Nev. 310, 454 P.2d 106 (1969): The court emphasized the public policy behind uninsured motorist protection—to place insureds in the same position they would have been had the unknown motorist carried insurance.
Why These Cases Are Hard to Prove
Phantom-vehicle crashes put victims at a disadvantage due to a lack of identifiable drivers and limited evidence, leading insurers to question the incident’s validity or deny coverage. Some policies require contact for uninsured motorist (UM) benefits, making it crucial to build a clear record from the start.
Strong proof can come from many sources, including:
- Witness statements: Independent accounts confirming another vehicle’s erratic or negligent maneuver.
- Physical evidence: Skid marks, debris, or vehicle damage showing an evasive reaction.
- Expert reconstruction: Accident engineers who can model the sequence of events and establish causation.
- Digital data: Dashcam footage, surveillance video, or event-recorder data that validates your account.
When these pieces align, they form the independent corroboration Nevada law requires for recovery in a no-contact accident.
Your uninsured motorist (UM) coverage can then be the key to compensation. Nevada requires insurers to offer UM/UIM protection (unless rejected in writing), and this coverage applies to injuries caused by unidentified or hit-and-run drivers. If your insurer disputes the claim, an attorney can challenge the denial through negotiation, arbitration, or court proceedings.
Does Legal Representation Make a Difference?
Even with strong evidence, phantom-vehicle and hit-and-run cases often hinge on finer details such as policy language, timing, and the quality of the investigation. This is where having the right legal team can make all the difference.
At Cogburn Davidson Car Accident & Personal Injury Lawyers, we focus on building rock-solid claims from the ground up. When you partner with us, we will:
- Act swiftly to preserve crucial proof ranging from dashcam footage and surveillance videos to vehicle black-box data and witness statements
- Collaborate with accident reconstructionists and insurance experts to translate complex findings into clear and persuasive arguments
- Handle insurer negotiations and uninsured/underinsured motorist (UM/UIM) disputes with precision and persistence, ensuring policyholders receive the coverage they’ve paid for
- Litigate strategically when necessary, presenting evidence clearly before Clark County juries when an insurer refuses to act in good faith
This disciplined, evidence-first approach reflects why our firm is trusted by injury victims across Nevada and recognized for achieving results that hold up in court.
Evidence Fades Fast. Let’s Protect Your Case Today.
When a driver disappears, it can feel like accountability disappears with them. But in Nevada, the law and the evidence are still on your side if you act quickly and strategically. The sooner an attorney is involved, the sooner critical proof can be preserved, insurers can be put on notice, and your path to recovery can begin.
Cogburn Davidson Car Accident & Personal Injury Lawyers is here to steady the process, protect your rights, and make sure the story of what happened to you is fully told—and believed.
If you’ve been injured in a hit-and-run or phantom-vehicle accident, reach out now for a free, no-obligation consultation. We’re available 24/7 and only get paid when you do.