ABC15 reported that Phoenix police are searching for a driver who left the scene of a hit-and-run crash that killed a woman and a dog. According to the outlet, family, friends and coworkers are remembering her as someone who spent her life helping others. The driver had not been located as of the report.
When a driver leaves the scene of a fatal crash in Arizona, the family's right to bring a civil claim does not depend on police finding that driver. Arizona's wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, let a surviving spouse, child, parent, or the personal representative of the estate recover for grief, lost companionship, lost financial support, and funeral and burial costs. A separate survival action under A.R.S. § 14-3110 preserves the claims the person who died could have brought, including medical expenses and conscious pain before death. Leaving the scene of a crash involving death is a felony under A.R.S. § 28-661, but the criminal case belongs to the state, and no conviction is needed before a family files suit. When the driver is never identified, uninsured motorist coverage on a household auto policy is often the source of recovery. The deadline for most of these claims is two years under A.R.S. § 12-542.
Uninsured Motorist Coverage Is the Main Path When the Driver Is Never Found
Arizona insurers must offer uninsured motorist (UM) coverage, and a hit-and-run driver counts as uninsured for claim purposes. UM coverage can pay a wrongful death claim even though the at-fault driver is unknown. Three practical points matter in the first weeks:
- Find every policy, not just one. UM coverage can apply through a policy owned by the person who died, a resident spouse, or a resident relative in the same household. Policies stack in some situations, so collect declarations pages for every vehicle in the home.
- Report promptly. UM policies carry notice requirements, and claims involving an unidentified vehicle are usually tied to a police report being made. Confirm the report number with the investigating agency.
- Do not give a recorded statement to any insurer before you understand what is being asked. A UM insurer is adverse to you on the question of how much it owes, even though it is your own company.
If the driver is later identified and carries liability coverage, that policy comes first, and UM coverage can sit behind it if the liability limits are too low.
Who Can File, and What Arizona Wrongful Death Damages Cover
Under A.R.S. § 12-612, a wrongful death action is brought by the surviving spouse, a child, a parent or guardian, or the personal representative of the estate, on behalf of the statutory beneficiaries. Arizona allows only one wrongful death action for a death, so the family should sort out who files before anyone starts a case.
Recoverable losses include the beneficiaries' grief, sorrow and loss of companionship, the loss of the income and services the person provided, and funeral and burial expenses. A survival action under A.R.S. § 14-3110 is separate and belongs to the estate; it covers losses the person suffered before death, such as medical bills.
Arizona uses pure comparative fault under A.R.S. § 12-2505, which means an insurer may argue the person who died shares some responsibility in order to reduce payment. Comparative fault reduces a recovery by a percentage; it does not bar one.
Evidence Disappears Fast in a Hit-and-Run
The case for identifying a fleeing driver is built from material that is routinely overwritten or discarded. Steps worth taking now:
- Ask nearby businesses and homeowners to preserve surveillance footage in writing. Many systems overwrite within days.
- Request the police report and the crash reconstruction file as soon as they are available, and keep the case detective's contact information.
- Photograph and keep any vehicle debris or damaged property; parts left at a scene can identify a make and model.
- Keep funeral invoices, medical bills, and records of what the person contributed to the household financially and practically.
- Do not sign anything from an insurance company, including a general release or a broad medical authorization, until someone has reviewed it.
If a government entity is a potential defendant, for example because of a roadway or a public vehicle, a notice of claim must be served within 180 days under A.R.S. § 12-821.01, which is far shorter than the two-year filing deadline.
Arizona law treats animals as personal property in civil claims, so losses tied to a pet are generally handled as property damage rather than as a separate wrongful death claim.
If your family is facing this, our Phoenix wrongful death attorneys can explain what claims exist and what has to happen first.