Primary Location
Phoenix Personal Injury Lawyers
2700 N Central Ave Suite 320, Phoenix, AZ 85004, United States
Phone: (602) 905-7766
Call us at (855) 855-8910
Call us at (855) 855-8910
Here's the short version: your insurer made a deal with you. You pay premiums, they cover your losses. Bad faith is what happens when they break that deal on purpose.
Every policy in Arizona carries an implied duty of good faith and fair dealing. That means your carrier has to investigate promptly, communicate honestly, and pay what the policy covers. Pretty straightforward, right?
But carriers don't always play by those rules. And when they don't, Arizona lets you sue for it.
So what does bad faith actually look like in practice? It's not just a slow response or one frustrating phone call. It's a pattern:
An insurance litigation lawyer in Phoenix steps in when your carrier crosses that line. You held up your end of the deal. Now it's their turn.
Arizona's Unfair Claims Settlement Practices Act (ARS § 20-461) [1] spells out exactly what insurers can't do. If your carrier is doing any of these things, pay attention.
Here's what we tell clients to watch for:
Denial without explanation. You get a rejection letter, but it doesn't say why. Just vague language and no real answer. That's a red flag.
Repeated document requests. They asked for your medical records last month. Now they want them again. And they added three more things to the list. This is a stalling tactic, plain and simple.
Ignoring medical evidence. Your doctor says the treatment was necessary. The adjuster acts like those records don't exist.
Unreasonable delays. Weeks go by after a Phoenix car crash or monsoon property loss. No adjuster assigned. No return calls. Nothing.
Lowball offers. The number they put on the table wouldn't cover your medical bills, let alone lost wages or repair costs. They're betting you'll take it anyway.
Misrepresenting your coverage. The adjuster tells you something isn't covered. You read the policy. It is. This happens more than people think.
Sound familiar? Policyholders in the Arcadia and Camelback corridors deal with this constantly after monsoon-season property claims. But it happens with auto, health, and disability claims across the Valley too.
Don't sit around waiting for the insurer to do the right thing. They won't. Talk to our bad faith insurance attorneys in Phoenix right away.
Two legal frameworks protect you here. Both matter.
This is the big one. It lists specific things insurance companies are prohibited from doing [1]:
Now here's the catch. ARS § 20-461 by itself doesn't give you the right to sue. It's an administrative statute, meaning the state regulator enforces it. But Arizona courts look directly at this statute when they evaluate bad faith tort claims. So if your insurer violated these rules, that's powerful evidence in court.
Arizona case law gives policyholders the actual right to bring a bad faith lawsuit. Under the framework established by Arizona courts, you generally need to prove two things:
Whether it's a denied auto claim after a wreck on the I-17 or a homeowner's claim that's been sitting in limbo for months, that same two-part test applies. And when juries see clear evidence of unreasonable conduct, they don't look kindly on the insurer.
Call a lawyer before you talk to the insurance adjuster. Not after.
That surprises a lot of people. But here's why it matters. Adjusters are trained negotiators. Their job is to get you to say things, on the record, that reduce your payout. One wrong answer on a recorded call can weaken a case that should have been a slam dunk.
So when do you actually need to pick up the phone and call someone?
Any one of those is enough.
An insurance litigation lawyer in Phoenix pulls your policy, reviews the denial, and digs into the adjuster's file. We're looking for the gap between what the insurer promised and what it actually did. That gap is your case.
Bad faith lawsuits go through Maricopa County Superior Court. Having a lawyer who knows that courthouse, those filing procedures, and the judges who handle these cases gives you an edge. And a free case review costs you nothing.
One more thing. Arizona gives you two years from the date of the insurer's wrongful conduct to file a tort claim under ARS § 12-542. That sounds like a long time until it isn't. Evidence disappears. Witnesses forget. Act early.
Bad faith doesn't care what kind of policy you have. If you paid premiums and the carrier is refusing to hold up its end, the same legal protections apply. We see disputes across the board:
Auto insurance is the most common. Denied accident claims, lowball offers after a total loss, disputed liability where the insurer blames you without real evidence.
Homeowners insurance disputes spike every monsoon season in Phoenix. Storm damage denials, fire claims where the carrier argues pre-existing conditions, water damage fights where they claim the leak was "gradual" and not covered.
Health insurance bad faith shows up as denied treatments, coverage disputes over procedures your doctor says you need, and delays that leave you paying out of pocket while the insurer "reviews" your claim.
Disability, life, commercial, and renters policies all carry the same duty of good faith [3]. A business owner fighting a denied interruption claim deserves the same protection as a family fighting a denied health claim.
Not all bad faith cases work the same way. The difference between first-party and third-party claims changes your legal strategy, so it's worth understanding.
First-party claims are against your own insurer. You bought the policy. You filed the claim. And your own carrier denied it, stalled it, or paid you less than it should have. Your auto insurer denying a collision claim after a Phoenix fender-bender. Your homeowner's carrier lowballing a monsoon damage repair. Your health insurer blocking a treatment your doctor ordered.
These make up the bulk of bad faith lawsuits in Phoenix. And they're personal. You trusted this company, paid your premiums on time, and they turned their back when you needed them.
Third-party claims are different. Someone else hurt you, and their insurer is the one refusing to pay. Maybe another driver caused your crash and their auto carrier won't cover your damages. Or a property owner's liability insurer denies your injury claim.
The legal path for third-party bad faith is different under Arizona law. But if that insurer acted unreasonably toward you, options exist.
Getting a denial letter feels like a punch in the gut. But it's not the end. Actually, it's where the real fight begins. Here's your playbook:
Save everything. Every letter. Every email. Every voicemail. Print the digital stuff too. These aren't just records. They're evidence.
Watch what you say. Never tell an adjuster "I'm fine" or accept any blame for what happened. Those words have a way of showing up later in places you don't want them.
Request the full claims file. Arizona law gives you the right to see everything the insurer has on your claim. Send that request in writing. Keep a copy.
Get a lawyer on the phone. A free case review takes the guesswork out of it. Is this a legitimate denial or bad faith? A lawyer can tell you in one conversation.
Your lawyer may file a complaint with the Arizona Department of Insurance and Financial Institutions (DIFI) [2] as an early move. That puts the insurer on notice with the state regulator and creates a paper trail.
Pull together your own evidence. Medical records, repair estimates, photos from the scene in Scottsdale, Tempe, wherever it happened. The stronger your file, the weaker the insurer's position.
Remember: the insurance company has an entire team working to pay you as little as possible. You deserve someone in your corner too.
Most people have never sued anyone, let alone an insurance company. Not knowing what to expect is what keeps a lot of folks from fighting back. So here's how the process actually works.
Your case can go one of two ways, and sometimes both at once.
Breach of contract means the insurer simply didn't do what the policy required. You recover the benefits they should have paid, plus whatever the delay cost you.
A tort claim, the bad faith route, goes further. This is where you argue the insurer didn't just drop the ball, they knew what they were doing was wrong. And this path unlocks compensatory damages, emotional distress, and punitive damages.
Most of the cases we see involve elements of both. Your lawyer figures out which combination hits hardest.
Your lawyer files a complaint in Maricopa County Superior Court or federal court. Then comes discovery, where both sides hand over documents, sit for depositions, and bring in experts. Discovery is often where the case breaks open. The insurer's internal claims file tells the real story of what happened and why.
A lot of Phoenix insurance disputes settle at mediation. A neutral mediator sits both sides down and pushes toward a number everyone can live with. But if the insurer won't come to the table with a fair offer? You go to trial.
Arizona juries can award compensatory damages, emotional distress, and punitive damages. The process typically takes 6 to 18 months. And here's what matters: a lawyer who is genuinely ready to walk into that courtroom gets better results at every single stage. Even at mediation.
Case in point. Our attorneys took a case to trial after the insurer disputed pre-existing injuries from a rear-end collision. The jury came back with $735,546. Post-trial settlement? $925,000. Being ready for trial changed everything.
Here's the part that gets people's attention. A bad faith case can put significantly more money in your pocket than the original claim was ever worth.
Compensatory damages cover what the insurer should have paid from the start, plus all the financial damage their denial caused. Medical bills that went to collections because the carrier stalled. Credit damage. Lost income from missed work. All of it.
Emotional distress is real, and Arizona courts treat it that way. A denied claim doesn't just drain your bank account. It keeps you up at night. It makes a painful injury worse. It adds stress to an already impossible situation. Courts award damages for exactly that.
Then there's punitive damages. This is where Arizona's law really works in your favor. Punitive damages exist to punish the carrier for how it treated you. And here's the thing: Arizona has no cap. None. The jury looks at the insurer's conduct and decides the number. When a carrier knowingly acted in bad faith, juries don't hold back.
Attorney fees and court costs can also be recovered. That means the insurer could end up paying for your lawyer on top of everything else.
Policyholders across Phoenix, Paradise Valley, and Ahwatukee have recovered awards that dwarfed their original claim amount. Bad faith has consequences in this state. Our injury settlement lawyers in Phoenix make sure you collect every dollar owed.
When insurance companies refuse to pay, we take them to trial. These are real results from real cases:
An insurer offered $12,500 to settle a soft tissue injury claim. Our attorneys said no and went to trial. The jury came back at $49,909, more than quadrupling that lowball number.
A rear-end collision at 2-3 MPH. The insurance company's argument? An impact that small couldn't cause real injuries. The jury didn't buy it. Verdict: $256,236.
After a motorcycle accident left our client with multiple fractures, the insurer pointed to a prior crash history and criminal record as reasons to resist payment. Our attorneys secured $250,000, double the policy limits.
Minimal property damage. That was the insurer's excuse for trying to minimize a spine injury claim. Our attorneys pushed back hard. Settlement: $850,000.
Pre-existing injuries. That's the card the insurance company played after a rear-end collision. The jury didn't agree. They awarded $735,546. Post-trial, the case settled for $925,000.
Every case is different. Past results do not guarantee a similar outcome.
Phoenix sees a massive volume of auto accidents and property claims every year. Insurance adjusters here are experienced at one thing above all else: paying less. Don't make their job easier.
Never give a recorded statement before talking to a lawyer. That recorded call is not a friendly chat. It's a tool the insurer will use to find inconsistencies and minimize your claim. Every word counts.
Don't take the first offer. That number is the insurer's opening move, not their best one. It almost never reflects what your claim is actually worth. They're testing whether you'll take the easy money and go away.
Write things down. Dates, times, who you talked to, what they said. Keep a running log of every interaction with the adjuster. Your memory will fade over the weeks. A written record won't.
Stay off social media. This one trips people up constantly. You post a photo at your kid's birthday party, and suddenly the insurer argues you're not as hurt as you claimed. Don't give them ammunition.
If you get a denial, appeal it fast. Sitting on it only weakens your position. The statute of limitations clock started ticking the moment the insurer acted in bad faith.
Get a lawyer involved from day one. An insurance litigation lawyer from our Phoenix personal injury advocates can protect your claim starting with that very first adjuster call.
An insurance litigation lawyer in Phoenix represents policyholders whose insurance claims were wrongfully denied, delayed, or underpaid by their carrier. These attorneys file lawsuits under Arizona's Unfair Claims Settlement Practices Act and fight to recover the full benefits owed under the policy.
Our attorneys have handled personal injury cases across Arizona and California. We know how Phoenix insurance companies operate, and we know how to push back.
That number reflects real results for real families — medical bills paid, lost wages recovered, and futures protected.
You pay nothing upfront. Our fee comes out of your settlement or verdict. If we do not win your case, you owe us nothing.
Accidents do not follow business hours. Neither do we. Call (602) 905-7766 any time — nights, weekends, and holidays.
Our Phoenix team works out of 2700 N Central Ave, Suite 320. We know the roads, the courts, and the insurance adjusters you are up against.
“After a crash, you need a team that answers the phone, explains your options, and fights for every dollar you are owed. That is what we do at The Simon Law Group.”
Over 250 years of combined attorney experience
Phoenix office at 2700 N Central Ave, Suite 320 |
Licensed in Arizona and California
Crashes caused by impaired or drunk drivers
Whiplash, back injuries, and low-speed collision claims
Hit-and-run crashes and unidentified driver claims
Serious injuries from head-on and wrong-way crashes
High-speed crashes on Phoenix freeways and surface streets
Look for denied claims without clear reasons, repeated delays, lowball offers, or misrepresented policy terms. These are all violations under ARS § 20-461, Arizona's Unfair Claims Settlement Practices Act.
Yes. Arizona law allows policyholders to file a bad faith lawsuit when the insurer fails its duty of good faith and fair dealing. You can pursue compensatory damages, emotional distress, and punitive damages with no cap.
Auto, homeowners, health, disability, life, commercial liability, renters, and any policy where the carrier denied or underpaid a legitimate claim. The duty of good faith applies to all policy types.
The statute of limitations for bad faith tort claims in Arizona is generally two years from the date of the insurer's wrongful conduct (ARS § 12-542). Contact a lawyer as soon as you suspect bad faith.
No. Contact an insurance litigation lawyer first. Adjusters are trained to get statements that reduce your payout. A single wrong answer can weaken your entire claim.
Compensatory damages (the benefits owed plus financial losses), emotional distress damages, attorney fees, and punitive damages. Arizona places no cap on punitive awards.
A first-party claim is against your own insurer for denying or underpaying your policy claim. A third-party claim involves another person's insurance company that is supposed to cover your damages. Most bad faith lawsuits in Phoenix are first-party claims.
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