Statute of Limitations for Hit-and-Run Accidents in Arizona

Arizona gives you two years to pursue damages after a hit-and-run accident. 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:

• Civil claim: 2 years (ARS § 12-542)
• Misdemeanor criminal prosecution: 1 year (ARS § 13-107)
• Felony criminal prosecution: up to 7 years (ARS § 13-107)
• Claims against government entities: 180-day notice required (ARS § 12-821.01)

What Are 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. When a crash injures a bicyclist, the driver’s obligation to stop and render assistance can be critical. Leaving the scene in that situation is especially serious.

Misdemeanor vs. Felony Hit-and-Run Penalties 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 ARS § 28-661, leaving the scene of an accident that caused physical injury or death is a felony. Depending on the severity of the harm and the facts of the case, a hit-and-run involving injury or death in Arizona may be charged as a Class 2, Class 3, or Class 5 felony.

This classification does more than determine the criminal penalties. It also affects how long prosecutors have to bring charges. Your civil claim for damages follows a separate deadline under ARS § 12-542, and understanding a bicycle accident claim in Phoenix can help you protect your right to compensation.In Arizona, misdemeanor and felony hit-and-run charges can have different criminal filing periods, while most personal injury claims follow the same two-year civil deadline. Keeping those timelines separate is an important step in 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. A statute of limitations is the legal deadline for taking action. In Arizona, criminal prosecution and civil lawsuits follow different deadlines.

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:

• Personal injury: Medical bills, physical therapy, and pain and suffering.
• Property damage: Replacement of your bicycle, helmet, and gear.
• 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.

What Is the Deadline to 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.

How Criminal and Civil Deadlines Compare

The chart below shows how Arizona’s criminal and civil deadlines differ in hit-and-run cases.

If the conduct is charged as homicide, Arizona law may not set a criminal time limit. But that does not extend the deadline for your civil claim. For injured cyclists and their families, the civil deadline often matters most because it controls how long you have to seek compensation. If you were hurt in a hit-and-run, a bicycle accident lawyer can explain your deadlines and help protect your right to recover damages.

Exceptions That May Extend the Filing Deadline

The deadlines above are strict, but Arizona law recognizes situations that can pause the statute of limitations or extend the time to file. 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 accrual date is usually the date of the incident, not the date the driver is identified. Even if police never identify the driver who hit the cyclist, the two-year civil deadline usually runs from the day of the crash.

In rare cases, the discovery rule may delay when the filing period begins. If an injury was not immediately apparent, such as a traumatic brain injury diagnosed weeks later, the clock may start when the harm was discovered or reasonably should have been discovered. But this exception is narrow. Do not assume you have more time to file just because no arrest has been made or a diagnosis came later.

Tolling Exceptions for Minors and Incapacitated Victims

Arizona law allows extra time in some situations when an injured cyclist could not file on time. If you were under 18 when the accident happened, the two-year filing period does not start until your 18th birthday. If the accident left you mentally incapacitated, the law may stop the clock during that period and allow it to continue once capacity returns.

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.

Given these nuances, an attorney can assess whether tolling may extend your deadline. Our firm offers free consultations to help you understand your legal rights and protect the time you have to file.

Special Notice Rule for Government Claims

If the hit-and-run involved a government vehicle or a public employee, a different deadline may apply. Under ARS § 12-821.01, you generally must serve a notice of claim within 180 days. This is separate from the standard two-year civil filing period under ARS § 12-542. Missing the 180-day notice deadline can bar your claim entirely, even if the two-year statute of limitations has not expired. Because claims involving government entities follow stricter procedural rules, early legal review is especially important.

What Happens If 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 may still have paths to compensation when the driver is never found. For some cyclists, that may include uninsured motorist coverage under their own auto policy. Others may need to look to different sources of recovery depending on the facts of the crash and the insurance available.

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). That coverage stays in the policy unless the insured rejects it in writing. As a result, many Arizona auto policies include UM protection. If you have UM 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. Several legal and insurance issues may affect your claim at the same time. The two-year civil deadline, tolling issues, UM insurance requirements, the 180-day government entity notice, and comparative negligence disputes can all shape the outcome.

Evidence weakens quickly after a hit-and-run. Surveillance footage from nearby businesses may be overwritten within days, physical evidence can disappear, and witness memories fade. The longer you wait, the harder it becomes to build a strong claim.

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 help preserve evidence and support your claim for damages.

Dealing with the aftermath of a hit-and-run crash is difficult, and you shouldn’t face it alone. Our firm offers free case evaluations to help you understand your rights and next steps. If we take your case, you pay no attorney’s fees unless we recover compensation for you. Call today.

Posted by Robert Goldwater

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.

All articles by Robert Goldwater