Arizona’s statute of limitations gives cyclists two years to sue after a hit-and-run accident, usually counted from the crash date. A government vehicle changes those rules, and if you were under 18, the two years start on your 18th birthday. If the driver is never identified, uninsured motorist (UM) coverage may still pay for your injuries, written notice to your UM insurer is due within three years of the incident. You do not need an arrest to start an uninsured motorist claim, so send the notification immediately.
- Hit-and-Run Filing Deadlines for Cyclists
- How Long Do You Have to Sue After a Hit-and-Run in Arizona?
- What Happens If the Driver Is Never Found?
- Can You Still Recover If You Were Partly at Fault?
- What If a Government Vehicle Was Involved?
- What If You Were Hurt Before 18?
- How Long Do Prosecutors Have to Charge a Hit-and-Run Driver?
- Steps to Take After a Bicycle Hit-and-Run
- Talk to a Bicycle Accident Lawyer About Your Deadlines
- Get a FREE case evaluation today
Hit-and-Run Filing Deadlines for Cyclists
The two-year statute of limitations is only one of your deadlines, and which ones apply depends on who hit you and whether law enforcement finds the at-fault motorist.
| Wrongful death suit | 2 years, usually from the date of death |
| Written notice to your UM insurer | Within 3 years of the accident, or 3 years from the earliest date you learned or should have learned that the motorist was uninsured or that the insurance company denied coverage or became insolvent, but send it right away |
| UM arbitration or suit | 3 years from your written notice; your insurer must remind you in writing within 2 years of receiving it, but a missing reminder does not extend the deadline |
| Notice of claim against a public entity | 180 days after the personal injury claim accrues, usually the accident date |
| Suit against a public entity | 1 year after the claim accrues |
| Case when a federal vehicle hit you | 2 years for the written claim, then 6 months to sue after a mailed denial, with no extension for cyclists under 18 |
| Suit against the at-fault motorist if you were hurt before 18 | 2 years from the 18th birthday |
| Case against a public entity if you were hurt before 18 | 180-day notice and 1-year suit, both counted from the 18th birthday |
How Long Do You Have to Sue After a Hit-and-Run in Arizona?
Arizona’s two-year personal injury statute of limitations covers every kind of loss in a hit-and-run accident case, counted from when the claim accrues.
- The two years cover every loss the victim suffered. That includes medical expenses, lost wages, physical therapy for fractures or a traumatic brain injury, and pain and suffering.
- Property damage to your bicycle and gear counts too. The same two-year statute of limitations applies when only property was damaged.
- A wrongful death case gets the same two years. They usually run from the date of death, and the discovery rule can start them later.
Many victims wait for medical treatment to end, but the clock keeps running while you heal, so talk to a personal injury attorney before the two-year mark passes. Unless the discovery rule or a tolling rule, such as the one for minors, applies, a late filing will usually be dismissed.
What If Police Find the Driver After Two Years?
You may still be able to receive compensation from a hit-and-run driver identified after two years. Your personal injury claim does not accrue until you know, or with reasonable diligence should know, who caused the physical injury. A court decides that date after the fact, though, so count your two years from the accident date instead of relying on the exception.
If the at-fault motorist turns up with too little insurance, you may also have an underinsured motorist (UIM) claim on your own policy. A.R.S. § 12-555(B) requires written notice to your insurance company within three years of the crash, and you must also file with the driver’s insurer, or sue, within the two-year statute of limitations.
What Happens If the Driver Is Never Found?
Uninsured motorist (UM) coverage can pay when the hit-and-run driver cannot be identified or has no insurance. Your own policy can include it, and so can a household relative’s policy that counts you as an insured, even if you do not own a car. Buyers can reject UM coverage, so check your declarations page before you count on it. When the motorist ran you off the road without touching you, A.R.S. § 20-259.01(M) requires a witness or other corroboration for your situation.
Law enforcement will investigate your hit-and-run accident as a criminal offense, but investigations can run for weeks or months. Send your UM notification without waiting for an arrest. According to A.R.S. § 12-555(C)(2), if the case does not settle, you have three years from that notification to request arbitration or file suit.
Can You Still Recover If You Were Partly at Fault?
Being partly at fault does not end your accident case, because Arizona law on comparative negligence, A.R.S. § 12-2505, reduces the compensation you receive by your share of fault instead of throwing the case out.
Your own impairment by alcohol or drugs can defeat your case outright. A court or jury can find the at-fault motorist not liable, but only if the driver proves that the impairment left you at least half responsible for the crash.
What If a Government Vehicle Was Involved?
If a state or local government vehicle hit you, you have 180 days to file a notice of claim and one year to file suit. Both clocks start when the claim accrues, usually the accident date.
The notice must state the facts, a specific settlement amount, and the facts supporting that amount, and a late filing ends the case with no suit to follow.
If a postal truck or another federal vehicle hit you, file a written claim with the agency within two years instead of the 180-day requirement, with no extension for cyclists under 18. According to 28 U.S.C. § 2401(b), you then have six months after a mailed final denial to file suit, and missing either deadline ends your case.
What If You Were Hurt Before 18?
If you were injured before 18, you have two years from your 18th birthday to file suit against the driver.
State and local government claims follow the same birthday rule. The 180-day notice and the one-year filing both start on your 18th birthday, and missing either deadline ends your case. In DeSela, the Arizona Supreme Court held a minor’s suit against a school district timely because it was filed within a year of turning 18. The court also held that both the minor and the family may recover medical expenses from before 18. The same bills can never be paid twice .
How Long Do Prosecutors Have to Charge a Hit-and-Run Driver?
Arizona’s criminal statute of limitations gives prosecutors one year for a misdemeanor hit-and-run and seven years for a felony. Both clocks run from when the state discovered or reasonably should have discovered the offense, subject to statutory pauses. A.R.S. § 13-107(A) sets no time limit for homicide, such as manslaughter.
Under Arizona laws, drivers who fail to stop after a crash resulting in physical injury to another person, or who leave the scene before providing a name, address, registration number, and license, and who fail to render aid to anyone injured, face felony charges.
The statute of limitations clock pauses while the at-fault motorist is unknown only for a “serious offense,” not for leaving the scene. No criminal charge gives you more time to file a personal injury claim.
Steps to Take After a Bicycle Hit-and-Run
Evidence in cyclists’ hit-and-run claims can disappear within weeks of the accident, so start the claims process with these steps.
- Report the hit-and-run incident to law enforcement the same day, because the police report can support the criminal investigation and your UM claim.
- See a doctor the same day, so your injuries are documented from the first day and medical treatment begins promptly.
- Send written preservation letters to businesses whose cameras face the road, because many systems record over footage within days.
- Keep the bicycle, helmet, and clothing, because transferred paint is physical evidence a laboratory can analyze.
- File every required document on time, starting with your uninsured motorist notification and any 180-day government notice.
Talk to a Bicycle Accident Lawyer About Your Deadlines
Missing a filing deadline can permanently bar a hit-and-run accident claim. Robert Goldwater, lead injury attorney at Bicycle Accident Lawyers Group, rides a bike and represents cyclists, and a free consultation can identify each deadline that applies to your case. The Arizona bicycle law guide covers your rights on the road.
BALG is a personal injury law firm that represents injured cyclists across Arizona, from car-versus-bike crashes to hit-and-runs, on contingency, so you pay no attorney’s fee unless our law firm recovers compensation for you. Contact our injury lawyers in Phoenix, AZ, at (888) 521-6377 for a free consultation.
Robert Goldwater is a cyclist representing cyclists. He has practiced personal injury and wrongful death law for more than 20 years, graduating with Honors from Arizona State University Law School, and has helped recover over $1 billion for clients, including injured cyclists.
