
They smile at you on the phone. They act concerned. They promise to “handle everything.” But behind the scenes, insurance companies are working overtime to protect their profits—not your rights. If you’ve been injured in an accident, don’t be fooled: what you don’t know about the settlement process could cost you thousands—or even your entire case.
In Phoenix, where thousands of personal injury claims are filed every year (from car crashes on I-10 to slip-and-falls in Scottsdale resorts), Arizona’s comparative negligence laws add a dangerous twist: even if you’re just 1% at fault, insurers will weaponize that to slash your payout. And they’re counting on you not to challenge their lowball offers. That’s why having a battle-tested personal injury lawyer in Phoenix isn’t just helpful—it’s often the only way to force insurers to play fair. They know the tricks adjusters use to delay, deny, or undercut claims—and, more importantly, how to dismantle them.
So what are the secrets insurers pray you’ll never discover? Below, we reveal the legal tactics they don’t want you to know—before it’s too late.
The Tricks They Hope You Never Notice
Insurance companies are in the business of minimizing losses—and unfortunately, that often means shortchanging injury victims. From subtle strategies to outright manipulation, here are a few of the most common tricks they use during personal injury settlements:
Secret #1: They Record Your Calls—And Use Them Against You
Insurance adjusters often start with a friendly call, asking how you’re feeling or if you need help. But here’s the catch: they’re recording every word. Arizona is a one-party consent state (A.R.S. § 13-3012), meaning they don’t need your permission to record conversations. If you say something like, “I’m fine” or “It wasn’t that bad,” they’ll use it to argue your injuries are minor—even if you were just being polite.
What to do instead?
- Let your lawyer handle all communication.
- If you must speak to them, stick to facts—never speculate.
Secret #2: They Delay Until You Desperate
Arizona law (A.R.S. § 12-542) gives you two years to file a personal injury claim, but insurers know most victims face mounting bills. They’ll drag out negotiations, hoping financial pressure forces you to accept less. Some even “lose” paperwork or suddenly “need more evidence” after months of silence.
How to fight back?
- Document every delay (dates, names, emails).
- Have your attorney file a bad faith claim if they stall excessively—insurers can face penalties under A.R.S. § 20-461.
Secret #3: They Twist “Comparative Negligence” Against You
Arizona follows pure comparative negligence (A.R.S. § 12-2505), meaning your payout is reduced by your percentage of fault. If you’re found 30% responsible, you lose 30% of your compensation. Insurers exploit this by aggressively blaming you—even for minor things like “not braking fast enough” or “walking in a poorly lit area.”
The key?
- Never admit fault (even a casual “I didn’t see them!” can hurt you).
- Gather evidence (witnesses, traffic cams, accident reconstruction experts) to counter their claims.
Secret #4: Their First Offer is a Trap
The initial settlement check might seem tempting, especially if money’s tight. But insurers routinely offer 30–60% less than what your case is worth. Once you cash it, you sign away your right to future claims—even if your injuries worsen.
Smart move?
- Calculate all costs (future medical care, lost wages, pain and suffering) before negotiating.
- Let your lawyer demand a full release of medical records to prove long-term impacts.
Secret #5: They Downplay “Soft Tissue” Injuries
Whiplash, back pain, and muscle strains are harder to prove than broken bones, so insurers dismiss them as “minor.” But under Arizona law, these injuries still qualify for compensation—especially with consistent medical records.
Don’t fall for it:
- See a doctor immediately after the accident (delays give insurers ammo).
- Keep a pain journal tracking daily limitations (e.g., “Couldn’t pick up my child for 3 weeks”).
The Bottom Line
Insurance companies profit by paying you as little as possible. But Arizona’s laws do protect victims—if you know how to use them. The moment you show you won’t back down (usually with a lawyer’s demand letter), their tactics crumble.
Remember: The more you know, the less they can take.