Who Pays If a Pedestrian Is Injured in a Hit-and-Run Accident in Arizona?

Being hit by a vehicle while walking is frightening enough. Watching the driver leave the scene can make the situation feel even worse.

One of the first questions injured pedestrians and their families often ask is simple: Who is going to pay if the driver is never found?

In Arizona, a hit-and-run does not necessarily mean there is no source of compensation. Depending on the circumstances, an injured pedestrian may be able to recover through their own uninsured motorist coverage, an automobile policy belonging to a household family member, Medical Payments coverage, health insurance, or another responsible party. If police later identify the driver, that driver’s insurance and assets may also become potential sources of recovery.

The important thing is not to assume there is no claim simply because the vehicle disappeared.

If you were injured while walking, Perez Law Group’s pedestrian injury lawyers can investigate both who caused the collision and which insurance policies may be available.

Arizona Drivers Are Required to Stop After Injuring a Pedestrian

Arizona law requires a driver involved in a crash resulting in injury or death to stop at the scene and remain there until the driver has fulfilled certain legal duties. Those duties include providing identifying information and rendering reasonable assistance to an injured person. Leaving the scene of an injury accident can result in serious criminal penalties.

You can review the requirements in Arizona Revised Statutes § 28-661.

However, the criminal investigation and the injured pedestrian’s compensation claim are two different matters. Police do not necessarily have to identify or arrest the driver before the pedestrian can begin investigating available insurance coverage.

Your Own Uninsured Motorist Coverage May Pay the Claim

For many Arizona pedestrians injured by an unidentified driver, one of the most important places to look is uninsured motorist coverage, commonly called UM coverage.

Arizona law requires automobile insurers to offer UM coverage, although the policyholder is generally allowed to reject it. UM coverage is designed to compensate insured people for bodily injury caused by uninsured motorists. Arizona insurance guidance also recognizes hit-and-run and miss-and-run drivers as situations in which UM coverage may apply.

You can learn more about Arizona’s uninsured motorist insurance requirements under Arizona Revised Statutes § 20-259.01.

This can potentially include compensation for losses such as medical expenses, lost income, pain and suffering, and other qualifying damages, up to the applicable policy limits.

If you already have UM coverage, our article about what uninsured motorist coverage does not pay for in Arizona explains some of the limits and issues that can arise.

Can Auto Insurance Cover You If You Were Walking?

Yes, potentially.

This is one of the most important facts for pedestrians to understand. You do not necessarily have to be driving your car when the accident happens for your UM coverage to protect you.

Arizona courts have described uninsured motorist coverage as personal and portable. The Arizona Supreme Court has explained that UM protection can cover an insured person while in another automobile, riding a bicycle, or even while on foot.

That means a pedestrian who owns an insured vehicle should not assume, “I wasn’t in my car, so my auto insurance has nothing to do with this.”

It may have everything to do with the claim.

What If the Injured Pedestrian Does Not Own a Car?

Do not stop the insurance investigation there.

A pedestrian who does not personally own a vehicle may still qualify as an insured under another automobile policy. For example, some policies cover certain resident family members of the named policyholder.

Whether that applies depends on the exact policy language, living arrangements, family relationship, and other facts.

This is why Perez Law Group recommends looking beyond the obvious question of whether the injured person personally owns a vehicle. A complete coverage investigation can include policies held by the pedestrian and potentially applicable household policies.

What If the Hit-and-Run Driver Is Eventually Found?

If police identify the driver, additional options may become available.

The driver’s bodily injury liability insurance may become the primary source of compensation if the driver was insured and legally responsible for the collision. Arizona generally requires qualifying auto liability policies issued or renewed under current law to carry at least $25,000 of bodily injury liability coverage for one injured person and $50,000 when two or more people are injured in one accident.

These requirements are outlined in Arizona Revised Statutes § 28-4009.

Serious pedestrian injuries can easily exceed those amounts.

If the driver’s insurance is insufficient, underinsured motorist coverage may become relevant instead of, or in addition to, other available sources depending on the circumstances.

You can learn more in our guide about what happens when an uninsured motorist claim exceeds policy limits.

There may also be situations where another party shares responsibility. For example, if the driver was working at the time of the crash, an employer or commercial insurance policy might need to be investigated.

Who Pays the Medical Bills While the Hit-and-Run Claim Is Pending?

Insurance claims can take time, but hospitals and medical providers do not necessarily wait for the claim to be resolved.

Several sources may help address medical expenses during that period.

If applicable, Medical Payments coverage under an auto policy may help pay certain medical expenses regardless of who caused the collision. Health insurance can also be used for treatment, although reimbursement or other insurance issues may need to be addressed later.

If the pedestrian was injured while performing job duties, workers’ compensation may also be relevant depending on the circumstances.

The goal is to identify all available coverage, rather than assuming there is only one insurance policy involved.

What Evidence Matters After a Pedestrian Hit-and-Run?

Evidence becomes especially important when the driver leaves.

A pedestrian or family member should try to preserve information about the vehicle, including its color, make, model, license plate characters, direction of travel, and distinguishing damage or features.

Witnesses can be extremely valuable. Nearby businesses and homes may also have surveillance cameras, doorbell cameras, parking lot cameras, or other recordings that captured the vehicle.

Arizona law also contains a specific rule for certain UM claims involving unidentified vehicles. If there was no physical contact with the unidentified vehicle, the insured must provide corroborating evidence that the unidentified vehicle caused the accident.

A pedestrian who was actually struck by the vehicle will generally have physical contact, but photographs, witnesses, medical records, police documentation, and video can still be critical when the insurer investigates fault and damages.

What If the Insurance Company Says the Pedestrian Was Partly at Fault?

A hit-and-run does not automatically settle every question about how the crash happened.

An insurance company may argue that the pedestrian crossed outside a crosswalk, entered the roadway unexpectedly, was distracted, or otherwise contributed to the collision.

Arizona follows a comparative negligence system. A person’s claim is not necessarily eliminated simply because that person shares some responsibility. Instead, recoverable damages can generally be reduced in proportion to the person’s percentage of fault.

You can review Arizona’s comparative negligence law in Arizona Revised Statutes § 12-2505.

For example, if a pedestrian suffered $200,000 in damages but was found 20 percent responsible, the recoverable damages could potentially be reduced to $160,000.

The insurance company’s initial opinion about fault is not necessarily the final answer. Video, roadway evidence, witness statements, vehicle speed, lighting, traffic controls, and other evidence may tell a different story.

A Simple Example

Imagine a Phoenix pedestrian is struck while crossing the street at night. The vehicle leaves before anyone gets the full license plate number.

The pedestrian suffers a fractured leg, needs surgery, and misses several months of work.

Police are unable to immediately identify the driver.

The pedestrian has an automobile policy with $100,000 in UM coverage. Even though the pedestrian was not driving at the time of the collision, that UM policy may provide a potential source of compensation because Arizona UM protection can follow the insured person while on foot.

The investigation should not end there. The attorney may also look for surveillance footage, search for additional applicable policies, document future medical care and lost earning capacity, and continue following the police investigation in case the driver is identified.

That is very different from simply concluding, “The driver ran, so nobody pays.”

Do Not Wait Too Long to Investigate a Hit-and-Run Claim

Evidence disappears quickly. Video may be overwritten, witnesses become harder to locate, and memories fade.

There are also legal deadlines.

Arizona law generally provides a two-year limitations period for personal injury actions, subject to exceptions and different rules in certain cases. Arizona also has a specific UM statute requiring written notice of the intent to pursue an uninsured motorist claim within three years in qualifying circumstances.

See Arizona Revised Statutes § 12-542 and Arizona Revised Statutes § 20-259.01 for the relevant statutory provisions.

Because different deadlines can apply to different claims, waiting until the last minute can create unnecessary problems.

Talk to an Arizona Pedestrian Accident Lawyer About Every Possible Source of Compensation

A hit-and-run pedestrian accident can look like an impossible case at first because the person who caused the injury has disappeared.

That does not mean the insurance coverage disappeared too.

At Perez Law Group, PLLC, our personal injury attorneys investigate pedestrian accidents, uninsured motorist coverage, potentially applicable household policies, available medical coverage, witnesses, video evidence, and other potential sources of recovery.

Our Arizona personal injury attorneys represent injured people and families throughout Glendale, Phoenix, the West Valley, and communities across Arizona.

If you or a family member was injured by a hit-and-run driver while walking, call Perez Law Group, PLLC at (602) 730-7100 to discuss your situation and learn what options may be available.

Every accident and insurance policy is different. The information above is general information and is not a substitute for legal advice regarding a specific claim.