Arizona Hit and Run Laws: Penalties and Victim Rights

Arizona treats leaving an accident scene as a crime scaled to the harm: a property-damage hit-and-run is a misdemeanor, but leaving the scene of an injury accident is a felony under A.R.S. § 28-661 — up to a class 2 felony when the crash caused death or serious injury and the fleeing driver caused it. For victims, though, the criminal case is only half the story: compensation usually comes through your own uninsured motorist coverage, and the steps you take in the first hours decide whether either case succeeds.

What Arizona Law Requires of Drivers

Every driver in a crash must stop and remain at the scene, exchange license, registration, and insurance information (A.R.S. § 28-663), and render reasonable aid — including calling for medical help. Damage-only collisions carry the same stop-and-exchange duty under A.R.S. § 28-662. Even hitting an unattended parked car obligates you to locate the owner or leave your information.

The Penalty Ladder

Property damage only: class 2 misdemeanor (class 3 for unattended vehicles) — jail up to four months, fines, license consequences.

Injury accidents: felony territory. Leaving the scene of a crash causing injury is a class 5 felony; serious physical injury or death raises it to class 3 — and to class 2 if the fleeing driver caused the crash. A driver who caused a fatal crash and fled faces prison measured in years plus mandatory license revocation.

The irony prosecutors see constantly: drivers flee fearing a DUI, and the flight itself becomes the more serious, more provable charge.

If You're the Victim: The First 48 Hours

Call 911 and get the police report started immediately — a same-day report is also what your insurer will want. Photograph everything: debris, paint transfer, camera angles on nearby buildings. Canvass for witnesses and doorbell/security footage fast; most systems overwrite within days. Phoenix-area police do investigate injury hit-and-runs, and paint databases, partial plates, and body-shop reports find more drivers than victims expect.

Getting Paid When the Driver Is Gone

If the driver is never identified, your recovery runs through your own uninsured motorist (UM) coverage — which in Arizona covers hit-and-run injuries and, critically, does not raise your rates for using it after a not-at-fault crash. If the driver is found, you claim against their liability policy like any crash, with the flight itself as damaging evidence. Either way, treat the claim like the adversarial process it is: UM claims put you in negotiation with your own insurer, and they value these claims exactly the way liability adjusters do. Our car accident lawyers handle UM hit-and-run claims regularly — see also filing a hit-and-run claim for the step-by-step.

Deadlines: two years for the injury claim — details here — but UM policies impose their own notice requirements measured in days, not years. Free case evaluation or (602) 903-6000, 24/7.

Frequently Asked Questions

Is a hit and run a felony in Arizona?

When anyone was injured, yes — class 5 up to class 2 depending on injury severity and who caused the crash. Property-damage-only incidents are misdemeanors.

Can I recover compensation if the hit-and-run driver is never found?

Yes, through your own uninsured motorist coverage, which covers hit-and-run injuries in Arizona. It's the single best reason to carry UM coverage at real limits.

Will using my uninsured motorist coverage raise my rates?

Arizona law prohibits insurers from surcharging you for an accident you didn't cause. Using UM coverage after a hit-and-run is what you bought it for.

What should I do immediately after a hit-and-run?

Call 911, document the scene and any vehicle description, find witnesses and cameras within days, get examined medically, and notify your insurer promptly — UM claims have short notice windows.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix hit-and-run lawyer or browse our car accident lawyer practice to understand your options.