Getting hit by a driver who speeds away leaves you dealing with more than just the crash itself — now you’re also trying to identify who’s responsible while insurance and legal deadlines keep moving. Here’s what Arizona law actually says about hit-and-run accidents, what to do if it happens to you, and how compensation works when the at-fault driver never sticks around.
Hit-and-Runs Are a Real and Growing Problem in Arizona
In 2024, Arizona recorded 16,136 hit-and-run crashes, resulting in 4,202 injuries and 86 deaths, according to the Arizona Department of Transportation — an increase of 488 hit-and-run incidents over the prior year. Nationally, the AAA Foundation for Traffic Safety found that hit-and-run crashes accounted for more than 919,000 police-reported crashes, nearly 243,000 injuries, and 2,872 deaths in a single recent year.
Different studies rank Arizona differently depending on the data set and time period used — some analyses have placed the state among the top handful nationally for hit-and-run fatality rates, others rank it lower using different methodology. What’s consistent across all of them: this isn’t a rare occurrence, and Arizona’s numbers are trending in the wrong direction.
What Arizona Law Requires After a Crash
Under A.R.S. § 28-661, any driver involved in an accident causing injury or death must stop immediately at the scene, or as close to it as possible, and stay there until they’ve met the requirements of A.R.S. § 28-663 — exchanging information, and rendering reasonable aid if needed. This duty applies regardless of who caused the crash; leaving the scene is its own separate criminal offense from any fault in causing the accident itself.
The penalties scale with the severity of what happened:
- Death or serious physical injury, driver at fault: Class 2 felony — 3 to 12.5 years in prison for a first offense.
- Death or serious physical injury, driver not at fault for the crash itself: Class 3 felony — 2 to 8.75 years for a first offense.
- Minor injury: Class 5 felony.
- Property damage only: Generally a misdemeanor under A.R.S. § 28-662.
“Serious physical injury” under Arizona law means an injury that creates a real risk of death, causes serious or permanent disfigurement, or results in serious or prolonged loss of a bodily function.
What to Do If You’re the Victim of a Hit-and-Run
- Call 911 immediately. Get medical help if needed and get an official police report started — this report becomes central evidence for both the criminal case against the driver, if they’re found, and your own compensation claim.
- Try to get any identifying information. Even a partial license plate, the vehicle’s color, make, or model, or a description of the driver can help police identify who was responsible.
- Look for witnesses and cameras. Nearby businesses, homes with doorbell cameras, and traffic cameras sometimes capture footage of the fleeing vehicle. This evidence often disappears fast — some systems overwrite footage within days.
- Document everything you can. Photos of your vehicle, the scene, and your injuries all matter, same as in any other accident claim.
- Get medical attention even if you feel okay. Some injuries don’t show symptoms immediately, and a prompt medical record ties your injury to the date of the crash.
How Compensation Works When the Driver Is Never Found
This is often the biggest practical concern after a hit-and-run: if the responsible driver is never identified, who pays? This is exactly the situation uninsured motorist (UM) coverage is designed for. If you carry UM coverage on your own policy, it can step in to cover your losses as though the unidentified driver had been insured — because as far as your claim is concerned, an unidentified driver is functionally the same as an uninsured one.
Arizona doesn’t require drivers to carry UM/UIM coverage, but insurers are required to offer it in writing under A.R.S. § 20-259.01, and most drivers who carry it never realize how valuable it becomes until a moment exactly like this. If you don’t have UM coverage and the driver is never identified, your options for recovering compensation become significantly more limited — which is exactly why UM coverage is worth checking on your own policy before you ever need it.
If the driver is later identified — sometimes after the criminal investigation develops leads days or weeks later — you may also have a direct claim against their insurance or against them personally, in addition to or instead of a UM claim.
Why Hit-and-Run Cases Need Fast Action
Evidence in these cases has a shorter shelf life than in a typical crash. Camera footage gets overwritten, witnesses move on and become harder to locate, and the physical evidence on your vehicle (paint transfer, damage patterns) that could help identify the other vehicle is easiest to document immediately. Getting an investigation moving quickly — both the police investigation and your own case preparation — meaningfully improves the odds of identifying the driver and building the strongest possible claim, whether that ends up being against the driver directly or through your own UM coverage.
Common Questions
What if the driver is never caught?
If you have uninsured motorist coverage, it can typically cover your damages as though the driver had been insured. Without it, your options are more limited, though not always nonexistent — it’s worth a case review to see what applies to your situation.
How long do I have to file a claim?
Arizona’s standard two-year statute of limitations for injury claims still applies, though a UM claim may have its own separate notice deadlines under your insurance policy — often much shorter than two years. Don’t wait to find out.
Can I still recover damages if I was partially at fault?
Yes. Arizona’s comparative negligence rule under A.R.S. § 12-2505 means you can still recover damages even if you were partially at fault — your compensation is reduced by your percentage of fault, not eliminated.
Do I need an attorney for a hit-and-run claim?
These cases often involve more moving parts than a typical accident claim — a criminal investigation, a UM claim, and sometimes a delayed civil claim once the driver is identified. There’s no cost to find out where you stand — the free case review carries zero obligation.