FOX 10 Phoenix reported that a hit-and-run driver is being sought after a severely injured man was found lying in a Phoenix road. No further details were provided, and no one has been charged. What follows is general Arizona law, not a statement about who was at fault.
When a driver leaves the scene after striking someone, the injured person still has a path to compensation, even if the driver is never identified. Arizona law requires a driver involved in a crash involving injury to stop and remain at the scene under A.R.S. § 28-661, and leaving is a felony; that criminal case is separate from any civil claim. On the civil side, uninsured motorist coverage is usually the first place to look. In Arizona, uninsured motorist coverage must be offered with every auto liability policy, and it covers hit-and-run collisions where the at-fault driver cannot be found. A household member's policy may apply even to someone struck while walking. Health insurance, MedPay, and the hospital's own billing process cover treatment in the meantime. The deadline to file a personal injury lawsuit in Arizona is generally two years from the date of injury under A.R.S. § 12-542, and evidence such as surveillance video disappears far sooner.
Uninsured Motorist Coverage Is the Main Source of Recovery
If the driver is never found, there is no liability insurance policy to claim against. Uninsured motorist (UM) coverage fills that gap. Check every policy in the household, not just the injured person's own: a spouse's policy, a parent's policy, or a policy covering a resident relative can all potentially apply, and a person hurt while on foot or on a bicycle is often still covered. Underinsured motorist (UIM) coverage matters too if the driver is later identified but carries only minimum limits.
A UM claim is made against your own insurer, which means the insurer evaluating the claim is also the one paying it. Report the incident promptly, because most policies require prompt notice and cooperation. Give the basic facts. You are not required to guess at speeds, distances, or sequence of events, and guessing wrong creates a recorded statement that gets used against the claim later.
Evidence Disappears Fast in a Hit-and-Run
The practical problem in a hit-and-run is identification, and the window is short. Steps that help, taken by the injured person or a family member acting for them:
- Get the police report number and the name of the investigating agency as soon as possible.
- Ask nearby businesses and homeowners for camera footage immediately. Most systems overwrite in seven to thirty days.
- Photograph the roadway, debris, and any vehicle parts left behind. Paint transfer and broken trim can identify a make and model.
- Write down anything witnesses said at the scene, along with their contact information.
- Keep every medical record, bill, and discharge instruction from the start, including ambulance and emergency room charges.
Do not wait for the criminal investigation to finish before opening a civil claim. The two processes run on different timelines, and the civil deadline does not pause while police look for a driver.
Deadlines and the Fault Argument You Should Expect
The general deadline for a personal injury suit in Arizona is two years under A.R.S. § 12-542. If a government entity or employee is involved in any way, a written notice of claim must be served within 180 days of when the claim accrues under A.R.S. § 12-821.01, and the lawsuit deadline shortens to one year. If a person dies from their injuries, the family's claims arise under A.R.S. § 12-611 through A.R.S. § 12-613, with the estate's own claim preserved by A.R.S. § 14-3110.
Expect the insurer to argue that the injured person bears some share of fault, especially when someone is found in a roadway. Arizona uses pure comparative fault under A.R.S. § 12-2505. Being assigned part of the blame reduces a recovery by that percentage; it does not eliminate it. A person found 30 percent at fault still recovers 70 percent of their damages.
If you or a family member was hurt in a hit-and-run, our Phoenix car accident attorneys can explain which policies may cover the loss.