Being struck by a vehicle is one of the most traumatic things that can happen to someone on foot. When the driver who caused the crash flees the scene, the injury victim faces an additional layer of uncertainty on top of the physical trauma. Who pays? Is there any path to compensation when the responsible driver disappears? For pedestrians in Tempe, the answer often comes from their own insurance coverage, and understanding how that works can mean the difference between recovering what the injuries are worth and receiving nothing.

Why Uninsured Motorist Coverage Protects Pedestrians

Most people assume uninsured motorist coverage only applies when they're driving. Under Arizona insurance law, that assumption is wrong. A.R.S. § 20-259.01 requires insurers offering motor vehicle liability policies to offer uninsured motorist coverage to policyholders. That coverage follows the policyholder as a person, not just the vehicle. When a pedestrian with an Arizona auto insurance policy is struck by an uninsured or unidentified hit-and-run driver, their own UM coverage can apply to the resulting injuries.

This is a critically important protection that many hit-and-run victims don't know exists. If you have auto insurance in Arizona, check your policy for uninsured motorist coverage limits before assuming you have no recourse after a hit-and-run.

What Arizona Requires to Make a Hit-and-Run UM Claim

Insurance policies typically include specific requirements for hit-and-run UM claims. Most require:

  • Reporting the crash to law enforcement promptly, usually within 24 hours
  • Filing the UM claim with your own insurer within a reasonable time
  • Cooperating with the insurer's investigation, including providing a recorded statement about the circumstances

The physical contact requirement is another provision to understand. Some Arizona policies require that the hit-and-run vehicle actually made physical contact with the pedestrian or with a vehicle that then struck the pedestrian. Phantom driver scenarios, where a pedestrian swerves to avoid a vehicle that never touches them and falls, may face additional scrutiny under policies with physical contact requirements.

Reading the policy language carefully, or having an attorney review it, clarifies what the specific policy requires.

Building the Claim Record When the Driver Is Unknown

The evidentiary challenges in hit-and-run claims are real. There's no at-fault driver to subpoena records from, no policy on the other side to negotiate against, and no independent accident report from the driver's perspective. The injured pedestrian's own account, supported by as much objective evidence as possible, carries more weight in this context.

Evidence that matters:

  • Police report documenting the officer's observations and any physical evidence at the scene
  • Surveillance footage from traffic cameras, business security systems, and nearby residences, which sometimes captures the vehicle's license plate or identifying features
  • Witness accounts from anyone who observed the vehicle or the crash
  • Medical records beginning from the day of the incident establishing the connection between the crash and the injuries
  • Photographs of injuries, the scene, and any physical evidence

Tempe's ASU-adjacent streets and Mill Avenue corridor often have significant camera coverage, which is worth pursuing immediately after a hit-and-run.

When the Driver Is Later Identified

When law enforcement investigation or independent evidence identifies the fleeing driver after the claim has been opened with your own insurer, the claim may shift. If the identified driver has insurance, their liability coverage becomes the primary source of recovery. The UM claim under your own policy may convert to a UIM claim if the identified driver's limits don't fully cover your damages.

Wyatt Injury Law Personal Injury Lawyers represents Tempe and Phoenix area hit-and-run accident victims, including pedestrians struck by unidentified drivers. Attorney Justin L. Wyatt has worked exclusively on behalf of injured people throughout his career, including handling UM and UIM claims against insurers who dispute hit-and-run coverage. Reach out to a Tempe hit and run accident lawyer for a free consultation to discuss your coverage and your options.