KTAR News reported that Phoenix police are asking for the public's help with an investigation into a deadly hit-and-run near 31st Drive and Northern Avenue. According to the report, the driver of the vehicle fled the scene before police arrived. One person died. No one has been identified publicly as responsible, and the investigation is ongoing.
When a driver leaves the scene of a fatal collision in Arizona, the family of the person who died still has a civil claim, even if the driver is never identified. Arizona law requires a driver involved in a collision resulting in death or injury to stop and remain at the scene; A.R.S. § 28-661 makes failure to do so a felony. The criminal case belongs to the state, though, and a conviction is not required before a family files a wrongful death action under A.R.S. § 12-611 through A.R.S. § 12-613. If the driver is never found, uninsured motorist coverage on a household auto policy is usually the path to recovery, because an unidentified hit-and-run driver is generally treated as an uninsured driver. Those policies carry notice deadlines written into the contract, which can run much shorter than the two-year limit in A.R.S. § 12-542, so the policy should be read early.
Who Can Bring a Wrongful Death Claim in Arizona
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 those survivors. It is a claim for the survivors' own losses: loss of companionship, guidance and support, grief, and funeral and burial expenses.
That is separate from a survival action under A.R.S. § 14-3110, which belongs to the estate and covers losses the person who died suffered before death, such as medical bills incurred and property damage. Pain and suffering does not survive the decedent under Arizona law, so the two claims are usually filed together and cover different ground. Sorting out who the personal representative is, and opening a probate estate if one does not exist, is often the first practical step.
The general deadline for both is two years under A.R.S. § 12-542, measured from the date of death for the wrongful death claim. If a government vehicle or employee turns out to be involved, A.R.S. § 12-821.01 requires a written notice of claim within 180 days, which is a much shorter clock and is easy to miss.
When the Driver Is Never Identified
A fled driver does not end the claim. Look at every auto policy in the household, not just one. Uninsured motorist coverage is what responds when the at-fault driver cannot be found, and it typically applies to a resident relative and in some circumstances to a pedestrian struck by a vehicle. Underinsured motorist coverage matters later if the driver is identified but carries low limits.
Practical things worth doing now:
- Notify your own insurer in writing that an uninsured motorist claim may be made. Do not wait for the police investigation to finish.
- Request the police report, and keep the report number. If the report is not yet available, ask when it will be.
- Ask nearby homes and businesses about camera footage quickly. Most systems overwrite within days or weeks.
- Photograph the roadway and keep any vehicle debris or damaged property; debris can identify a make and model.
- Write down the names and numbers of anyone who stopped or spoke to police.
- Decline to give a recorded statement to any insurer, including your own, until you understand what coverage is in play.
A personal injury or wrongful death investigation can run alongside the police investigation. It is not limited to what law enforcement chooses to release.
Fault, Comparative Negligence, and What Insurers Will Argue
Arizona uses pure comparative fault under A.R.S. § 12-2505. A share of fault assigned to the person who died reduces the recovery by that percentage but does not bar it. Even a finding of substantial fault leaves a claim intact, which is why families should not accept an early suggestion from an adjuster that there is nothing to pursue.
Expect the uninsured motorist carrier to question whether a phantom vehicle existed, what the person who died was doing at the time, and whether the policy's notice requirements were met. Documentation answers those questions. The police report, physical evidence from the scene, and independent witnesses carry more weight than a recollection offered months later.
If the driver is later identified and charged, that criminal case does not pay the family anything directly. Restitution in a criminal matter is limited and separate from a civil claim for full damages.
If your family is dealing with a fatal hit-and-run in the city, our Phoenix car accident attorneys can explain what coverage may apply and what deadlines are already running.