Can I File a Claim If I Was Hit by an Unidentified Driver in a Parking Lot?

Being struck by an unidentified driver in a parking lot can be a distressing experience. However, Arizona law provides avenues for victims to seek compensation through their own insurance policies, specifically under uninsured motorist (UM) coverage.

Recent Case in Prescott Highlights Hit-and-Run Challenges

In April 2023, a hit-and-run incident occurred in the parking lot of True Value in Prescott. The suspect vehicle, a red Toyota Tacoma, caused significant damage to another vehicle and fled the scene. Despite the challenges in identifying the driver, the Prescott Police Department sought public assistance to locate the suspect. This case underscores the difficulties victims face when the at-fault driver is unidentified. [Source: Prescott eNews]

Arizona Law and Your Rights

Under Arizona Revised Statutes § 20-259.01, insurance companies are required to offer uninsured motorist coverage to policyholders. This coverage is intended to protect individuals injured by drivers who lack insurance or who cannot be identified, such as in hit-and-run incidents. If you have UM coverage, you can file a claim with your insurer to cover medical expenses, lost wages, and other damages resulting from the accident.

Statute of Limitations

It’s crucial to be aware of the time limits for filing a claim. In Arizona, the statute of limitations for personal injury claims is generally two years from the date of the accident (A.R.S. § 12-542). Failing to file within this period may result in losing your right to seek compensation.

What To Do Next

After a hit-and-run accident, take the following steps:

1. **Report the Incident:** Notify law enforcement immediately. A police report serves as crucial evidence for your claim.

2. **Seek Medical Attention:** Even if injuries seem minor, it’s essential to get a medical evaluation.

3. **Document the Scene:** Take photographs of the accident scene, your vehicle, and any visible injuries. Gather contact information from any witnesses.

4. **Notify Your Insurer:** Inform your insurance company about the accident as soon as possible.

5. **Consult an Attorney:** Navigating insurance claims can be complex. Consulting with experienced personal injury attorneys can help ensure you receive the compensation you deserve.

At Hirsch Talcott, our team, including attorney Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and attorney Chelsie Talcott, a former Maricopa County Deputy Public Defender, is dedicated to advocating for victims of hit-and-run accidents. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. [Learn more about our fee structure.]

If you’ve been injured by an unidentified driver in a parking lot, don’t navigate this challenging situation alone. Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and explore your options for compensation.

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.