12 News reported that two people were injured in a Phoenix hit-and-run crash, and that a man was critically injured. According to the outlet, police said the collision involved two vehicles that were allegedly racing. No one has been charged with or convicted of anything based on what has been reported, and the account below is limited to what police have said publicly.
When a driver leaves the scene of a collision that injures someone, Arizona law treats that departure as a separate wrong from the collision itself. A.R.S. § 28-661 requires a driver involved in a crash resulting in injury or death to stop, remain at the scene, and provide identifying information. A hit-and-run does not leave an injured person without a claim. Uninsured motorist coverage on the injured person's own auto policy, or on a resident family member's policy, commonly applies when the at-fault driver is never identified, and that claim can be opened before police finish their investigation. If more than one driver contributed to the harm, Arizona applies pure comparative fault under A.R.S. § 12-2505, so each party pays its own percentage share and an injured person who is partly at fault still recovers a reduced amount. Most injury suits must be filed within two years under A.R.S. § 12-542.
Leaving the Scene Is Its Own Violation Under A.R.S. § 28-661
A.R.S. § 28-661 covers drivers involved in a crash that results in injury or death. The duty is to stop immediately at the scene or as close to it as possible, return to the scene if the vehicle was moved, and stay there until identifying and insurance information has been exchanged and reasonable assistance has been rendered. The duty applies regardless of who caused the collision. A driver who was not at fault still has to stop.
For an injured person, this matters in two practical ways. First, a criminal charge for leaving the scene is handled by the state and does not compensate anyone; a civil claim is separate and is the mechanism for medical bills, lost income, and pain. Second, evidence that a driver fled can be relevant in the civil case, and it often pushes police to work harder at identifying the vehicle. The two cases run on different tracks and on different timelines.
Uninsured Motorist Coverage When the Driver Is Never Found
Arizona insurers must offer uninsured motorist coverage, and a driver who flees and is never identified is generally treated as an uninsured driver under that coverage. This is the most common source of recovery in a hit-and-run. A few points that trip people up:
- The coverage can come from your own policy, from a policy of a relative living in your household, or sometimes from the policy on a vehicle you were occupying as a passenger.
- Many policies require prompt notice to the insurer and prompt reporting of the crash to police. Delay can become an argument against coverage, so report and notify early.
- Your own insurer becomes the opposing party in practical terms on a UM claim. Its adjuster is evaluating your injuries, not advocating for you. Recorded statements and broad medical authorizations are worth thinking about before signing.
- If a fleeing driver is later identified and carries insurance, the claim may shift to that policy, with underinsured motorist coverage available if the limits are too low to cover the harm.
What to Do in the First Weeks
Get the police report number and request a copy once it is released. Where a collision involves an allegation of racing, the investigation can take time, and the report may be supplemented later with witness statements or vehicle information. Ask investigators whether any surveillance or doorbell footage from nearby businesses and homes was collected; private footage is frequently overwritten within days or weeks, so a written preservation request sent early is one of the few steps that cannot be done later.
Keep every medical record and bill, including ambulance and imaging charges, and track days of missed work. For someone with critical injuries, a family member may need to handle this. If any claim could involve a city, county, or state entity or employee, A.R.S. § 12-821.01 requires a written notice of claim within 180 days of when the claim accrues, which is far shorter than the two-year deadline in A.R.S. § 12-542. Finally, do not assume that being near a driver who was allegedly racing bars recovery; under A.R.S. § 12-2505 fault is divided by percentage, and partial fault reduces a recovery rather than eliminating it.
If you or a family member was hurt in a hit-and-run in the Valley, our Phoenix car accident attorneys can walk through what coverage may apply.