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The Shoulder
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gentle-beaver-875

Adjuster says 'no car damage = no injury' — is that even legal??

I'm honestly stunned and need some outside perspective because I feel like I'm being gaslit by this insurance company.

About two months ago someone ran a red light and T-boned me on the driver's side. Their insurance accepted fault pretty quickly, which I thought was a good sign. My car had some cosmetic damage — nothing that totaled it — but I was a mess. Went straight to urgent care that same evening with serious lower back pain and left shoulder tightness. Got imaging done, was put on muscle relaxers, and told to follow up with my doctor.

I've been doing physical therapy twice a week since then and honestly I'm still not right. My shoulder catches when I lift anything above chest height and my back goes into spasms if I sit too long. I work independently — I do freelance AV setup for events — and I've had to turn down four contracts because I physically can't do the heavy lifting the job requires. I've been keeping records of every declined job and what I would have earned.

Here's where it gets wild. The adjuster called me last week and basically said that because my car didn't sustain "significant structural damage," they're skeptical my injuries are "consistent with the accident." That's a direct quote. She also kept pushing me to give her a number before I'm even done treating.

  • Is the property damage thing a real legal standard or a scare tactic?
  • Should I even be talking to her at this point?
  • Do I need an attorney before I finish treatment?

I feel completely out of my depth here.

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9replies

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9 replies

  • 7
    swift-swift-044

    A few practical things to keep doing right now regardless of whether you hire an attorney: keep a simple pain journal — date, symptoms, how it affected your day. Save every text, email, and voicemail from the adjuster. And absolutely keep those declined-job records organized with what you would have billed. Lost income for self-employed people is harder to prove but very much claimable, and documentation is everything. Also — you are under no legal obligation to give her a number before you're ready.

  • 7
    calm-crane-989

    I used to work claims and I'll be straight with you — that low-vehicle-damage argument is something we were literally trained to use because it works on people who don't know better. The thing is, biomechanics don't care how dented your door is. A side impact at the right angle can wreck your shoulder and spine even if the car looks fine. Your medical records and imaging are what actually matter, not the repair estimate. Get an attorney before you say another word to her.

    • 4
      tidy-wren-823

      I went through almost the exact same thing after a low-speed crash that barely left a scratch on my bumper. I had a herniated disc. The adjuster tried the same line on me. I got an attorney, stopped talking to them entirely, and let him handle it. Night and day difference in how seriously they took the claim after that. Seriously, stop talking to her.

  • 13
    gentle-grouse-275

    Hire a lawyer. You're a self-employed person with ongoing injuries, a shoulder that isn't working right, and documented lost contracts. That's not a simple claim you can navigate alone against a trained adjuster. Most PI attorneys work on contingency so it costs you nothing upfront. Stop trying to DIY this one.

  • 3
    daring-elk-344

    That "no car damage = no injury" line is one of the oldest tricks in the adjuster playbook. Do NOT let her rattle you. Insurance companies have internal targets and the faster they can get you to doubt yourself or throw out a lowball number, the better for them. Stop answering her calls without knowing exactly what you want to say first.

  • 4
    quick-badger-904

    Quick question — did the imaging from urgent care actually show anything, like a labral issue or disc problem, or was it a "soft tissue" finding? Not doubting you at all, just asking because that detail matters a lot for how the claim gets valued. Objective findings on imaging carry a lot more weight than symptom reports alone, especially with a skeptical adjuster.

  • 5
    wise-finch-811

    I just want to say — reading this stressed me out on your behalf. You got hurt, you're still hurting, and instead of being able to focus on getting better you're being made to feel like you're lying. That's awful. Please at least talk to a lawyer so someone is actually in your corner. You deserve that.

  • 5
    sharp-raven-437

    Not legal advice, but I'll say this much: the property damage argument has been challenged and rejected in courts across the country many times. It's a negotiating tactic, not a legal standard. The fact that she's pressuring you for a number while you're still in active treatment is a red flag — you genuinely can't know what your case is worth until you have a clear picture of your medical outlook. Most PI attorneys offer free consults, so at minimum get one before your next conversation with her.

  • 6
    humble-kestrel-533

    From a medical standpoint, shoulder and lower back injuries from lateral impacts can be genuinely serious and slow to heal — please don't let the insurance pressure rush you out of PT before you're actually better. I've seen people settle, stop treatment, and then be dealing with chronic pain years later with no recourse. Make sure your PT is documenting your functional limitations, like the overhead reach issue you mentioned. That kind of specific functional deficit is important.