The Insurance Company Says My Injuries Aren’t That Serious. What Can I Do?
You were injured in a car accident, sought medical treatment and filed an insurance claim. But instead of offering compensation that reflects what you’ve experienced, the insurance company says your injuries aren’t as serious as you claim.
Maybe the adjuster insists the accident wasn’t severe enough to cause your symptoms. Perhaps they’re questioning your medical treatment, pointing to a pre-existing condition or offering a settlement that barely covers your expenses.
When an insurance company is minimizing injuries after a Nevada car accident, you don’t have to automatically accept its assessment or settlement offer.
Insurance companies can investigate and dispute claims, but their conclusions are not necessarily the final word on the extent of your injuries or the compensation you may be entitled to recover.
Understanding why an insurer may question your injuries — and what evidence can help support your claim — is an important first step.
Why Is the Insurance Company Downplaying My Injuries?
Insurance companies evaluate injury claims to determine liability, coverage and the amount they believe should be paid.
During that process, an adjuster may question whether your injuries were caused by the accident, whether your medical treatment was necessary or whether your symptoms are as severe as reported.
Common reasons insurers dispute injury claims include:
- Minor or limited vehicle damage
- Delayed medical treatment
- Gaps in treatment
- Previous injuries or medical conditions
- Medical records that don’t fully document ongoing symptoms
- Disagreements about the need for physical therapy, injections or surgery
- Questions about future medical expenses or work restrictions
Not every disputed claim involves improper conduct. An insurance company may have legitimate questions about medical evidence or accident-related injuries.
However, an insurer’s disagreement with your doctor or its decision to offer less compensation does not automatically mean its assessment is correct.
Can I Have Serious Injuries Even If My Car Has Minor Damage?
Yes. The amount of visible damage to a vehicle does not, by itself, determine whether an occupant was injured or how serious those injuries may be.
For example, a driver involved in a collision on a Las Vegas street may have relatively limited bumper damage but still experience significant neck or back symptoms.
The circumstances of the crash, the forces involved, the person’s medical history and the medical evidence all matter.
An insurance company may argue that a low-speed collision could not have caused a serious injury.
However, determining whether an accident caused a particular injury requires consideration of the available evidence, not simply the cost of repairing the vehicle.
Medical records, diagnostic imaging, physician opinions and other evidence may help establish the connection between the collision and the injury.
What If the Insurance Adjuster Says My Medical Treatment Was Unnecessary?
An insurance company may dispute the amount or type of treatment you received after an accident.
For example, the adjuster might question why you needed several months of physical therapy or whether a recommended procedure was related to the collision.
These disagreements can significantly affect the value of an injury claim.
Medical documentation can help explain why treatment was recommended, what symptoms were being addressed and whether the care was related to the accident.
If your treatment is being challenged, it may be helpful to review whether your records clearly document your symptoms, diagnosis, treatment plan and response to care.
Your treating providers may be able to clarify medical questions or explain why certain treatment was necessary.
An insurance adjuster’s opinion about medical treatment does not replace an individualized medical evaluation.
What If I Didn’t Go to the Emergency Room Immediately?
Some people experience pain or other symptoms immediately after an accident. Others notice symptoms later or initially believe their injuries are minor.
An insurance company may question a claim when there is a delay between the accident and the first medical appointment.
A delay does not automatically eliminate your right to compensation, but it may create questions about whether the accident caused the reported symptoms.
If you develop symptoms after a collision, seek appropriate medical evaluation and explain when the symptoms began.
Accurate medical records can help establish the timeline between the accident, the onset of symptoms and subsequent treatment.
Do not delay necessary medical care simply because you’re concerned about what an insurance company may think.
Can the Insurance Company Blame My Injuries on a Previous Medical Condition?
An insurer may argue that your current pain or limitations existed before the accident.
For example, someone with a history of back problems may experience substantially worse symptoms after a rear-end collision.
The insurance company might point to earlier medical records and argue that the collision did not cause the person’s current condition.
However, Nevada law recognizes that an accident can aggravate an existing injury or medical condition.
A person may be entitled to compensation for additional harm caused by an accident, even when the underlying condition existed beforehand.
The important question is whether the collision caused a new injury or made the previous condition worse.
Medical evidence comparing your condition before and after the accident may be particularly important.
Related reading: I Already Had an Injury Before My Car Accident. Can I Still Get Compensation?
What Evidence Can Help When an Insurance Company Disputes My Injuries?
The strength of an injury claim often depends on the evidence supporting it.
If an insurance company is minimizing your injuries, useful documentation may include:
Medical records: Emergency care, physician visits, specialist evaluations and treatment notes can establish the nature and progression of your injuries.
Diagnostic imaging: X-rays, MRIs and other tests may provide objective information about certain injuries, although not every genuine injury appears on imaging.
Physician opinions: Medical providers may explain your diagnosis, treatment needs, physical restrictions and whether the accident caused or aggravated your condition.
Employment records: Documentation of missed work, reduced hours or changed job duties may support claims involving lost income.
Accident evidence: Photographs, police reports, witness statements and other information can help establish how the collision occurred.
Daily activity documentation: Records of physical limitations, disrupted activities and ongoing symptoms may help illustrate how the injury has affected your life.
The goal is not to exaggerate an injury. It is to accurately document the harm caused by the accident and support the compensation being requested.
What If the Insurance Company Offers Less Than My Medical Bills?
A settlement offer that does not cover your medical expenses can be concerning, especially when you are still recovering.
However, the total amount of medical bills does not automatically establish the legal value of a personal injury claim.
An insurer may dispute liability, whether treatment was related to the accident, the reasonableness of expenses or the extent of the injuries.
Available insurance coverage and other legal considerations may also affect the amount recoverable.
Depending on the circumstances, a Nevada personal injury claim may involve compensation for medical expenses, lost income, future medical care, pain and suffering and other legally recognized damages.
Before accepting a settlement, consider whether the offer accounts for the accident-related losses supported by the evidence.
Also remember that a final settlement generally requires releasing the claim, meaning you ordinarily cannot return later and demand additional compensation for the same injuries.
Does Nevada Have Laws Against Unfair Insurance Settlement Practices?
Yes. Nevada Revised Statutes (NRS) 686A.310 identifies several unfair insurance claims practices.
These include misrepresenting pertinent facts or insurance policy provisions, failing to implement reasonable claims investigation standards, and failing to effectuate prompt, fair and equitable settlements when an insurer’s liability has become reasonably clear.
The statute also addresses other claims-handling conduct, including certain failures to respond promptly or explain coverage decisions.
However, a low settlement offer or disagreement about an injury does not automatically establish that an insurer violated Nevada law.
Whether an insurance company acted improperly depends on the specific circumstances.
There is also an important distinction between a claim against your own insurance company and a claim against another driver’s insurer. The legal remedies available may differ.
If you believe an insurance company is acting unfairly, an attorney can evaluate the claim, the insurer’s conduct and the legal options that may be available.
Can I Negotiate With the Insurance Company Instead of Accepting Its First Offer?
Yes. An initial settlement offer is not necessarily the final amount an insurance company will consider.
You may be able to respond with additional medical records, documentation of lost income or other evidence supporting your claim.
A written explanation of why you disagree with the insurer’s evaluation may also help clarify the disputed issues.
For example, if the adjuster believes your treatment ended after six weeks but your medical records show that additional treatment was recommended, that information may be relevant to the negotiation.
However, negotiations do not guarantee that an insurer will increase its offer.
If the parties cannot reach an agreement, pursuing a lawsuit may be an option, subject to the applicable legal requirements and filing deadlines.
How Long Do I Have to Challenge an Injury Claim in Nevada?
Nevada generally provides a two-year statute of limitations for personal injury lawsuits, although exceptions and special rules may apply.
This deadline is important because continuing to negotiate with an insurance company does not ordinarily stop the time limit from running.
An insurer may continue reviewing a claim while the deadline to file a lawsuit approaches.
Claims involving government entities or other special circumstances may have additional requirements.
If your claim remains unresolved, it is important to understand the applicable deadline rather than assuming the insurance company will settle before time runs out.
Should I Hire a Lawyer if the Insurance Company Says My Injuries Are Minor?
Not every insurance dispute requires a lawsuit or legal representation.
However, speaking with a personal injury attorney may be helpful when the insurer disputes the seriousness of your injuries, questions necessary medical treatment, attributes your symptoms to a previous condition or offers a settlement that does not appear to reflect your accident-related losses.
An attorney can review the available evidence, evaluate the circumstances of the accident, identify potential issues with the insurance claim and explain your options.
Legal representation may be particularly valuable when injuries require ongoing treatment, interfere with employment or create uncertainty about future medical expenses.
Frequently Asked Questions About Disputed Injury Claims in Nevada
Can an insurance company decide that my injuries aren’t serious?
An insurance company can evaluate and dispute an injury claim, but its assessment is not legally conclusive. Medical evidence, liability and applicable law help determine whether compensation is owed.
What if my doctor says I’m injured but the insurance adjuster disagrees?
Medical records and opinions from qualified providers may help establish the nature of your injuries and their relationship to the accident. An attorney can evaluate the disagreement and determine whether additional evidence may be helpful.
Can I reject a low settlement offer?
Yes. You generally are not required to accept an initial settlement offer. However, rejecting an offer does not guarantee a higher payment, and applicable filing deadlines still matter.
Does minor vehicle damage mean I cannot recover compensation?
No. Minor visible vehicle damage does not automatically rule out an injury claim. The medical evidence, accident circumstances and applicable liability rules must be considered.
Can I recover compensation if I was partly responsible for the accident?
Possibly. Under Nevada’s comparative negligence law, NRS 41.141, an injured person’s negligence does not necessarily prevent recovery if it is not greater than the negligence of the party or parties against whom recovery is sought. Any recovery may be reduced according to the injured person’s share of fault.
Don’t Let an Insurance Company’s Assessment Be the Only Evaluation of Your Injuries
Being told your injuries aren’t serious can be frustrating, particularly when you’re still dealing with pain, medical appointments or missed work.
But an insurance company’s assessment is not necessarily the final determination of your claim.
The question is whether the evidence supports that the accident caused your injuries and the losses for which you are seeking compensation.
Understanding your rights, documenting your injuries and evaluating settlement offers carefully can help you make informed decisions about your claim.
Insurance Company Minimizing Your Injuries? Contact Kim Welch Law
If you were injured in a car accident in Las Vegas, Henderson or elsewhere in Southern Nevada and the insurance company is questioning your injuries or offering an inadequate settlement, Kim Welch Law can help you understand your options.
With more than 30 years of legal experience, Attorney Kim Welch brings a valuable perspective to personal injury cases. Before representing injured individuals, she worked as an attorney for insurance companies, giving her insight into how insurers evaluate and defend claims.
Kim Welch Law represents clients injured in car accidents and other incidents involving negligence.
Kim Welch Law offers free case evaluations with no obligation. We’ll give you an honest assessment of where your case stands and what we can do differently. Contact us here. You can also find us on Facebook for Nevada or Colorado. Feel free to check out our Colorado Springs office review here and our Henderson, Nevada office here.
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com