Blog

Bad Faith Insurance in Arizona: What Personal Injury Victims Need to Know
Frustrated Arizona accident victim reviewing denied insurance claim documents at desk

Bad Faith Insurance in Arizona: What Personal Injury Victims Need to Know

If you've been injured in an accident in Arizona, you probably assumed the insurance company would handle your claim fairly and promptly. Unfortunately, that's not always how it works. Bad faith insurance in Arizona personal injury cases is more common than most people realize — and when an insurer acts in bad faith, it can leave injured victims without the compensation they desperately need. Understanding your rights under Arizona law is a critical first step toward protecting yourself.

What Does "Bad Faith Insurance" Actually Mean?

Insurance companies have a legal duty to deal honestly and fairly with their policyholders and, in some situations, with injured third parties. When an insurer intentionally or unreasonably fails to fulfill that duty, it can be held liable for acting in bad faith. In Arizona, this obligation is grounded in both common law and statute. Arizona Revised Statutes § 20-461 outlines unfair claims settlement practices, and courts have long recognized a tort claim for insurance bad faith that goes beyond a simple contract dispute.

Bad faith isn't just about an insurer disagreeing with your claim amount. It's about a pattern of unreasonable behavior — stonewalling, lowballing, or outright deception — designed to pressure you into accepting less than you deserve or to deny a valid claim entirely.

Common Examples of Bad Faith Insurance Tactics in Arizona

Recognizing bad faith behavior early can make a significant difference in your case. Our personal injury lawyers have seen insurance companies use a wide range of tactics to avoid paying what injured Arizonans are owed. Some of the most common include:

  • Unreasonable delays — Sitting on your claim for weeks or months without a legitimate reason, especially when liability is clear.
  • Denying claims without investigation — Rejecting a valid claim without conducting a proper or thorough review of the evidence.
  • Misrepresenting policy terms — Telling you that certain coverage doesn't exist when it does, or misquoting the terms of your policy.
  • Offering unreasonably low settlements — Making a token settlement offer that bears no reasonable relationship to the actual value of your injuries and losses.
  • Failing to communicate — Not responding to calls, letters, or documentation requests in a timely manner.
  • Demanding excessive documentation — Requiring repetitive or burdensome proof as a delay tactic rather than a genuine need.
  • Threatening or intimidating claimants — Using pressure tactics to discourage you from pursuing your full rights.

If any of these sound familiar, you may have a bad faith claim on top of your underlying personal injury case.

Arizona Law and Your Rights Against Bad Faith Insurers

Arizona takes insurance bad faith seriously. Under Arizona common law, you have the right to sue your own insurer — or in some circumstances an at-fault party's insurer — for acting in bad faith. A successful bad faith claim can entitle you to damages beyond just your original policy benefits, potentially including emotional distress damages and, in egregious cases, punitive damages.

Arizona Revised Statutes § 20-461 specifically prohibits a range of unfair settlement practices by insurers, including failing to acknowledge and act promptly on claims, not attempting in good faith to make prompt, fair, and equitable settlements where liability is reasonably clear, and compelling insureds to litigate by offering unreasonably low amounts. The Arizona Department of Insurance also has regulatory authority over insurer conduct, meaning serious violations can have consequences beyond a single lawsuit.

It's worth noting that Arizona follows a two-year statute of limitations for most personal injury claims under ARS § 12-542. However, the timeline for a bad faith insurance claim can vary depending on the facts of your case. Don't wait to speak with an attorney — delay can cost you your right to recover.

Bad Faith Insurance in Car Accident Claims

Car accident cases are one of the most common settings where bad faith insurance behavior surfaces. After a crash, you're dealing with medical bills, lost wages, vehicle damage, and physical pain — and the last thing you should have to fight is your own insurance company. Arizona requires drivers to carry minimum liability coverage under ARS § 28-4009, but even when coverage exists, insurers sometimes play games with valid claims.

Our car accident attorneys regularly handle situations where insurers have dragged their feet, disputed clear-cut liability, or made bad faith offers on uninsured/underinsured motorist (UM/UIM) claims. If you were hit by an uninsured driver and your own insurer is treating you like an adversary, that is a serious red flag that warrants immediate legal attention.

What You Can Do If You Suspect Bad Faith

If you believe an insurance company is treating you unfairly, here are some concrete steps you can take to protect yourself and build your case:

  • Document everything — Keep records of every phone call, letter, email, and interaction with the insurer. Note dates, times, and what was said.
  • Get everything in writing — Ask the insurer to put any denials, explanations, or offers in writing.
  • Don't accept a lowball offer under pressure — Once you accept a settlement and sign a release, you generally cannot go back for more, even if you later discover the injuries are worse than expected.
  • File a complaint with the Arizona Department of Insurance — This creates an official record and can prompt regulatory scrutiny of the insurer's conduct.
  • Consult a personal injury attorney immediately — An experienced attorney can identify bad faith behavior, communicate with the insurer on your behalf, and put the company on notice that you know your rights.

How Sher Law Group Can Help

At Sher Law Group PLLC, we represent injured Arizonans across Phoenix, Scottsdale, and throughout the state who are fighting back against insurance companies that refuse to play fair. We understand the tactics insurers use, and we know how to hold them accountable under Arizona law. When you work with us, you get a team that takes your case seriously from day one — investigating the bad faith conduct, documenting the insurer's failures, and pursuing every dollar you're entitled to recover.

We offer a free consultation and work on a contingency fee basis, which means you pay no attorney's fees unless we win your case. There is no risk in calling us to find out where you stand.

Talk to an Arizona Bad Faith Insurance Attorney Today

Bad faith insurance in Arizona personal injury cases is a serious legal issue that can dramatically affect the outcome of your claim. You shouldn't have to fight an insurance company alone while you're trying to heal from your injuries. Call Sher Law Group PLLC at 480-418-7437 to schedule your free consultation. Our attorneys are ready to review your situation, explain your options, and stand in your corner — no matter how hard the insurance company pushes back.

No fee unless we win, which means we get paid only WHEN WE WIN YOUR CASE.

Talk to an Arizona Injury Attorney Today

If you or someone you love has been injured in an accident caused by another's negligence, our team at Sher Law Group is here to help. We represent clients throughout Phoenix, Scottsdale, Glendale, Chandler, Mesa, Tempe, and the surrounding Arizona communities. Consultations are always free, and you pay nothing unless we win your case.

Our experienced personal injury lawyers handle a wide range of claims — including car accidents, motorcycle crashes, pedestrian and bicycle injuries, slip-and-fall accidents, and more. We work tirelessly to recover full compensation for medical bills, lost wages, and pain and suffering.

Wherever you are in Arizona — from Maricopa County to Pima County or Yavapai County — our attorneys can meet virtually or in person. Call or text (480) 418-SHER (7437) or contact us online to get the legal guidance you deserve today.

Contact Us

No file chosen (Not required)

Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.