12 News reported that three people were hospitalized following a hit-and-run crash in Phoenix. According to police, the driver fled the scene, and the conditions of the injured people were not clear. No determination of fault has been made, and no one has been charged or convicted in connection with what was reported.
When a driver leaves the scene of an injury collision in Arizona, the claim does not disappear with the car. A.R.S. § 28-661 requires a driver involved in a crash that injures someone to stop, remain at the scene, and give identifying information; failing to do so is a felony, and the criminal case proceeds separately from any civil claim for money damages. If police identify the driver later, that driver's liability insurance is the first source of recovery. If the driver is never found, uninsured motorist coverage on the injured person's own auto policy, or on a resident relative's policy, is designed for exactly this situation, and a hit-and-run is treated as a phantom vehicle claim that usually requires prompt notice to the insurer and a police report. Medical payments coverage and health insurance can cover treatment while fault is unresolved. The deadline to file a personal injury lawsuit in Arizona is generally two years under A.R.S. § 12-542.
What A.R.S. § 28-661 Means for an Injured Person
A.R.S. § 28-661 is a criminal statute, not a compensation statute. A conviction under it does not pay a single medical bill. What it does is create a police investigation with real stakes, which in practice means detectives pursue surveillance video, vehicle debris, and tips more aggressively than in a routine collision.
That investigation matters to you for two reasons. First, if the driver is identified, the police file becomes the backbone of a liability claim against that driver and the driver's insurer. Second, if the driver is never identified, your own insurer will want proof that an unidentified vehicle caused the crash, and the police report is the document it will ask for. Request a copy of the report as soon as one is available, and note the report number.
Uninsured Motorist Coverage Is the Practical Path When the Driver Is Gone
Arizona insurers must offer uninsured motorist coverage, though drivers can decline it in writing. Pull your declarations page and look for a line labeled UM or uninsured motorist. If it is there, it generally applies to a hit-and-run, because a driver who cannot be identified is treated as uninsured for claim purposes.
Three things protect that coverage. Report the crash to your own insurer promptly, even though you did nothing wrong; policies contain notice deadlines that are shorter than the lawsuit deadline. Do not give a recorded statement about fault or the extent of your injuries before you understand your own coverage. And keep every bill, record, and mileage log, since a UM claim is proved with documents, not recollection.
If the driver is later identified and carries insurance, that policy pays first, and UM coverage may still fill the gap when the limits are too low to cover the harm.
Fault Can Be Shared Without Ending Your Claim
Insurers sometimes argue that an injured person contributed to a collision, including in cases where the other driver left. Arizona applies pure comparative fault under A.R.S. § 12-2505, which reduces a recovery by the injured person's percentage of fault but does not bar it. Even a person found substantially at fault can recover the remaining share. That rule is why an early adjuster theory blaming you is a negotiating position, not a verdict.
Two deadlines are worth writing down now. The general personal injury filing deadline is two years under A.R.S. § 12-542. If a government entity or employee is involved in any way, a notice of claim is due within 180 days under A.R.S. § 12-821.01, which is far sooner than most people expect.
If you or a family member was hurt in this incident, our Phoenix car accident attorneys can explain how your own coverage applies while police work to identify the driver.