Arizona gives you two years to pursue damages after a hit-and-run accidents. For most bicyclists, that two-year civil claim deadline is the most important one to know. Criminal and civil claims follow different timelines, and the classification of the offense changes which deadlines apply. Missing any of them can close the door on your rights.
Arizona Hit-and-Run Filing Deadlines at a Glance:
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Civil claim: 2 years (ARS § 12-542)
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Misdemeanor criminal prosecution: 1 year (ARS § 13-107)
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Felony criminal prosecution: up to 7 years (ARS § 13-107)
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Claims against government entities: 180-day notice required (ARS § 12-821.01)
What Are a Hit-and-Run Accidents Under Arizona Law?
A crash occurs when a driver causes or is involved in a collision and leaves the scene without stopping to exchange information or render aid. Under Arizona Revised Statutes (ARS) § 28-661, ARS § 28-662, and ARS § 28-663, all parties involved must stop, provide information, and render assistance. For a cyclist, “rendering assistance” is often a matter of life or death, making a driver’s flight particularly egregious.
Misdemeanor vs. Felony Hit-and-Run in Arizona
Arizona law classifies these incidents into two categories based on the severity of harm caused. Under ARS § 28-662, a hit-and-run accident involving only property damage is a misdemeanor. Under Arizona’s statute, ARS § 28-661, leaving the scene of an accident that caused physical injury or a fatality is a felony.
That distinction carries real consequences. A felony hit-and-run in Arizona may be charged as a Class 2, Class 3, or Class 5 crime depending on the severity of harm and whether the at-fault party caused the accident.
Beyond the criminal penalties for this crime, the classification mainly affects the prosecution timeline. The victim’s civil filing period for damages follows Arizona’s separate limitations rules under ARS § 12-542. Because Arizona has different rules for misdemeanor traffic accidents and felony hit-and-run offenses, which have different statutes of limitations, it’s important to know which category your situation falls under. It’s the first step toward protecting your right to compensation.
Arizona Statute of Limitations: Criminal vs. Civil Deadlines
Missing a filing deadline after a hit-and-run in Arizona can forfeit your rights, even if your personal injury claim is strong. This time limit is the legal deadline for taking action, and Arizona imposes different timelines for criminal prosecution and civil lawsuits.
What Is a Statute of Limitations?
A statute of limitations is the legal deadline to file a claim. In Arizona, each type of legal claim carries its own time limit, and missing it means losing your right to sue.
Civil Statute of Limitations for Hit-and-Run Claims
Under ARS § 12-542, you have two years from the date of the accident to file a civil action. This applies to:
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Personal Injury: Medical bills, physical therapy, and pain and suffering.
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Property Damage: Replacement of your bicycle, helmet, and gear.
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Wrongful Death: If a loved one was killed, the two-year clock typically starts on the date of death.
Note: The two-year deadline under ARS § 12-542 covers both personal injury and property damage claims. This deadline applies even if you haven’t finished medical treatment or reached maximum recovery.
How Long Can the State Prosecute a Hit-and-Run Driver in Arizona?
Criminal prosecution of a hit-and-run suspect in Arizona follows separate deadlines governed by ARS § 13-107. Criminal filing periods depend on the offense charged. Under this framework, a misdemeanor hit-and-run involving only vehicle damage generally gives prosecutors one year from discovery of the offense. Felony charges may allow significantly more time. If the conduct is charged as homicide, including manslaughter or negligent homicide, there may be no time limit under ARS § 13-107.
A distinction many victims miss: criminal prosecution is handled by the county attorney, not by you. Even when the state prosecutes, that process doesn’t replace your civil claim. That is why you still need to file your own legal action within the two-year deadline. Criminal accountability and civil liability run on separate tracks, and the shorter civil filing period won’t pause while criminal proceedings unfold.
Here is how criminal and civil deadlines compare by offense type.
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Offense Type |
Criminal Deadline (ARS § 13-107) |
Civil Deadline (ARS § 12-542) |
|---|---|---|
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Misdemeanor (property damage only) |
1 year |
2 years |
|
Felony (injury or death) |
Varies by charge; up to 7 years |
2 years (from date of injury or death) |
If the conduct is charged as homicide, Arizona law may impose no criminal limitations period.
For victims, the civil deadline is shorter in every category.
If you’ve been injured in a hit-and-run, a free case evaluation from a car accident lawyer can help you understand your deadlines and protect your right to compensation.
Exceptions That May Extend the Filing Deadline
The deadlines above are strict, but Arizona law recognizes circumstances where the filing deadline may pause. This mechanism is called tolling, a temporary stop of the deadline clock. The discovery rule and other tolling provisions can affect when your deadline actually expires.
When Does the Statute of Limitations Clock Start?
In Arizona, the filing clock, known as the accrual date, starts on the date of the incident, not when the other motorist is identified. Even if police never identify who hit cyclist, the two-year civil deadline counts from the day of the crash.
In rare cases, the discovery rule may delay this starting point. If injuries weren’t immediately apparent, such as a traumatic brain injury diagnosed weeks later, the clock may start when the harm was or should have been discovered. But this delayed discovery exception is narrow. Don’t assume the time limit in Arizona pauses while you wait for an arrest or a diagnosis.
Note: If the cyclist was under 18 at the time of the accident, the filing deadline doesn’t begin until their 18th birthday. The two-year deadline runs from that date, not the accident date. (See ARS § 12-502.)
Tolling Exceptions for Minors and Incapacitated Victims
Arizona law allows the deadline to pause, or toll, when conditions prevent a victim from filing on time. If you were a minor at the time of the accident, the filing deadline doesn’t begin until you turn 18, and the two-year period runs from that birthday. For cyclists mentally incapacitated by the accident, the clock pauses during incapacity and resumes when capacity is regained.
A third provision may apply when the at-fault motorist leaves Arizona, though how this tolling rule operates in practice requires legal analysis. These exceptions add legal complexities that require specific factual proof, and an attorney can evaluate whether one applies to your situation.
Note: If the hit-and-run involved a government vehicle or employee, a separate 180-day notice of claim requirement under ARS § 12-821.01 applies alongside the standard filing deadline. Missing this notice deadline can bar your recovery entirely.
Given these nuances, legal counsel can confirm whether tolling extends your deadline. A free consultation can clarify your legal rights.
What Happens When the Hit-and-Run Driver Is Not Found?
An unidentified driver can feel like the end of your recovery, but it isn’t. Arizona victims still have paths to compensation when the motorist who hit them is never found, because uninsured motorist coverage can interact directly with your filing deadline.
Filing a Claim When the At-Fault Driver Is Unknown
Arizona law requires insurers to offer uninsured motorist (UM) coverage on every auto liability policy (ARS § 20-259.01). You must reject it in writing, so many Arizona policies include this UM protection. If you have coverage and the other motorist is never found, you may have a claim under your own policy for injuries and vehicle damage.
Policy notice requirements and deadlines for insurance claims can differ from the deadline for filing a civil lawsuit or pursuing litigation. The insurance company won’t extend your timeline because law enforcement hasn’t identified who hit you. Your UM claim depends on evidence and documentation proving the hit-and-run happened and that your injuries resulted from it. Police reports, scene evidence, medical records, and other available resources all strengthen your position.
Contact a bicycle accident lawyer right away if you need help with settlement negotiations or insurance claims.
Why Early Action Matters
Every day that passes after a hit-and-run in Arizona makes it harder to win. You face challenges from multiple directions at once. The two-year civil deadline, tolling considerations, UM insurance requirements, the 180-day government entity notice, and comparative negligence disputes can all affect your claim at once.
Evidence degrades over time. Surveillance footage from nearby businesses is routinely overwritten within days, and evidence preservation is time-sensitive. These challenges grow worse the longer you wait, and early knowledge of your deadlines can make the difference.
An experienced bicycle accident attorney handles these deadline-sensitive tasks. Your accident lawyer coordinates with law enforcement investigators and, if a government vehicle was involved, files the 180-day notice under ARS § 12-821.01 on time. Early investigation of the crash scene and available resources can still recover damages on your behalf or for a loved one. But when a hit-and-run accident occurs, the window for action is limited.
Dealing with the aftermath of a hit-and-run crash is difficult, and you shouldn’t face it alone. We offer free case evaluations on a contingency basis. You pay nothing unless we recover compensation for you. Call right away.
Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.
