A hit-and-run happens in seconds. One moment, you are in traffic, a parking lot, or crossing a street. The next, the other driver is gone, and you are left to figure out what just happened and who is going to be held responsible.
The confusion that follows is completely normal. So is the worry about whether you can still recover compensation. Arizona recorded more than 16,000 hit-and-run crashes in a recent year, and most of those cases are never solved. Knowing what to do after a hit-and-run, ideally before one ever happens, can make a real difference in how your case unfolds.
Why Drivers Flee and What Arizona Law Says
Under A.R.S. § 28-661, a driver involved in a crash that injures or kills someone must stop at the scene, or as close to it as possible, and stay until they have provided their name, address, and registration, shown their license, and rendered reasonable assistance to anyone hurt. These are not optional courtesies. They are legal duties, and the penalties for ignoring them are severe.
A driver who flees a crash involving serious injury or death faces felony charges. The classification scales with the severity of the harm and whether the driver was at fault: a class 5 felony for failing to stop after a crash causing injury, escalating to a class 3 felony for serious injury or death, and a class 2 felony when the fleeing driver also caused the crash. Despite penalties this serious, hit-and-run accidents remain common across the state.
Drivers flee for a range of reasons:
- No insurance or expired coverage
- Impairment and fear of a DUI charge
- Outstanding warrants
- Panic in the moment
- Simply not realizing they made meaningful contact in a low-speed situation
None of those reasons is a legal justification, but understanding them helps explain why it happens and why you need to act quickly afterward. The felony classification also shapes how aggressively law enforcement investigates. Cases involving serious injury or death typically get significantly more investigative resources than property-damage-only incidents, which can improve the odds the fleeing driver is identified.
| Statute | What It Covers | Classification |
| ARS 28-661 | Failure to stop after a crash causing injury or death | Class 5 felony, escalating to class 3 or class 2 depending on severity and fault |
| ARS 28-662 | Failure to stop after a crash damaging an attended vehicle, no injury | Misdemeanor |
| ARS 28-663 | Duty to give information and render assistance | Varies; tied to the underlying ARS 28-661 or 28-662 violation |
| ARS 28-664 | Duty after striking an unattended vehicle | Misdemeanor |
| ARS 28-665 | Duty after striking fixtures on a highway | Misdemeanor |
| ARS 28-666 | Requirement to report the accident to law enforcement | Varies based on the underlying accident |
What to Do Immediately After a Hit-and-Run
These are your priorities, in order.
1. Call 911 right away
Do not wait. A police report is essential for your insurance claim and any future legal action. Reporting promptly also gives officers a better chance of locating the fleeing driver while the trail is still fresh.
2. Do not chase the driver
It feels instinctive, but pursuing another vehicle is dangerous and can complicate your claim. Stay at the scene, stay safe, and focus on what you can document from where you are.
3. Gather as much information as possible
Even partial details help. Note the vehicle's make, model, and color, any portion of the license plate, distinguishing features like damage or stickers, and the direction the driver fled. Identifying a hit-and-run driver often comes down to these small details captured in the first few minutes.
4. Document the scene thoroughly
Photograph your vehicle damage, the surrounding area, skid marks, debris, and any nearby cameras. Get the names and contact information of any witnesses. Business security cameras, residential doorbell cameras, and traffic signals are all potential sources of footage that law enforcement may later request.
5. Seek medical care immediately
Even if you feel fine, get evaluated. Adrenaline masks pain, and soft tissue injuries, concussions, and internal trauma often show up hours or days later. Early documentation connects your injuries to the incident and protects your claim.
6. Notify your insurer, but be careful
Report that a hit-and-run occurred. Avoid giving a detailed recorded statement until you understand the full extent of your injuries and what your policy covers.
How to Identify the Driver and What Happens If They Are Found
Law enforcement uses several tools to locate hit-and-run drivers: partial plate searches, body shop alerts for vehicles with matching damage, witness accounts, and surveillance footage from nearby businesses or traffic systems. If you have dash cam footage, preserve it immediately and share it with police.
When the driver is identified, two separate tracks move forward. A criminal case may proceed with charges for leaving the scene, particularly when injuries occurred. Separately, you can pursue a civil claim for medical expenses, lost wages, pain and suffering, and property damage. These proceedings run independently. A criminal conviction does not automatically result in compensation, and a civil claim does not require one.
Your Insurance Options When the Driver Is Never Found
The question most people ask is whether they can still file a claim if the driver is gone for good. In most cases, yes. This is where your own coverage becomes critical.
Uninsured motorist, or UM, coverage is built for exactly this situation. An unidentified hit-and-run driver is treated as an uninsured motorist under most Arizona policies, which means a victim with UM coverage can pursue a claim against their own insurer for the damages the fleeing driver caused. UM coverage can pay for medical bills, lost income, and pain and suffering, often up to your policy limits. Arizona insurers must offer UM coverage, though a driver can decline it in writing.
Here is the part most people do not expect: when you file a UM claim, your own insurer essentially steps into the role of the at-fault party for purposes of that claim. They investigate the incident, review the police report, assess your medical records, and make a coverage determination, just like a third-party insurer would. Many people assume their own company will simply pay what is owed because they have been a paying customer for years. In practice, UM claims get contested on the same grounds as any other claim: disputed injury severity, disputed causation, and sometimes even disputed verification that a hit-and-run happened the way it was described. Knowing that dynamic exists going in is part of why documentation and early guidance matter so much in these cases.
If you were struck as a pedestrian or cyclist, your own auto policy or a household member's policy may still provide UM coverage. Many people do not realize this applies even when they were not in a vehicle. Arizona also has a Crime Victim Compensation Program that may provide limited financial assistance for victims of qualifying offenses, including serious hit-and-run injuries.
Protecting Your Claim From the Start
Hit-and-run claims draw more scrutiny from insurers because the at-fault driver is unknown. Protecting yourself means staying organized from day one. Keep copies of everything:
- The police report
- Medical records and bills
- Photos from the scene
- Witness contact information
- All correspondence with your insurer
Avoid posting about the accident on social media. Do not accept a settlement offer before you fully understand the scope of your injuries and what your long-term treatment may involve.
Recorded statements are particularly risky in hit-and-run cases because the insurer has no independent account from the other driver to work with. Everything they know comes from you, the scene, and whatever documentation exists. A statement given before you have a complete picture of your injuries can create inconsistencies that adjusters later use to reduce or dispute your claim. You are not required to give a recorded statement before speaking with an attorney.
Speaking with a car accident attorney early, ideally before any recorded statement, puts you in a stronger position. An attorney can manage communications with the insurer, walk you through your options, and make sure nothing gets left on the table.
Practical Steps That Improve Your Odds
No driver can prevent another person's decision to flee a crash scene, but a few habits reduce your risk and improve the odds of identifying the responsible driver if it happens:
- Install a dashboard camera, which can capture plate information and crash circumstances automatically
- Park in well-lit, monitored areas when possible, particularly in commercial lots with surveillance
- Keep your phone charged and accessible so you can document a scene quickly
- Review your own policy to confirm whether you carry UM coverage and at what limits, before you need it
That last point matters more than it sounds like it should. The decision about UM coverage is often made quickly during a policy purchase, without much thought given to what happens if the other driver is never found. It is one of the more consequential coverage decisions a lot of drivers make without realizing it until they actually need it.
When the Driver Is Gone and You Are Left With Questions
Being hit by someone who drives away is disorienting. You are dealing with the physical aftermath, the uncertainty of what comes next, and the frustration of not having answers. The personal injury attorneys at Gallagher & Kennedy are here to help you sort through it, understand your options, and make sure nothing is overlooked. Consultations are free, and there is no obligation.
Frequently Asked Questions About Hit-and-Runs
What do I do if the other driver leaves the scene?
Stay at the scene, call 911 immediately, and document everything you can about the vehicle before it disappears. A police report is essential for both your insurance claim and any potential legal action that follows.
Can I still get compensation if the hit-and-run driver is never identified?
Yes. Uninsured motorist coverage applies in most hit-and-run situations, even when the driver is never found. Pedestrians and cyclists may also be covered under their own auto policy or a household member's policy.
How long do I have to file a claim after a hit-and-run in Arizona?
Arizona's general personal injury statute of limitations is two years, but insurance notification deadlines can be much shorter. Report the incident to your insurer as soon as possible to avoid losing coverage you are entitled to.