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The Shoulder
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spry-kestrel-551

Insurance calling our crash 'minor' and refusing injury claims — can they just do that??

So this happened a few weeks ago. Someone rolled a stop sign and clipped the rear corner of my car pretty hard. My teenage son and I were both in the car, and the impact whipped our heads sideways because we were both turned looking at a dog on the side of the road right when it happened. Went straight to urgent care, both had neck stiffness and I had serious upper back pain radiating into my shoulder.

Fast forward to now — my son is mostly feeling better but I'm still going to physical therapy twice a week. The other driver's insurance looked at the photos of my car and basically said the damage looked 'cosmetic' and they're not going to pay out on injury claims without 'substantial proof of harm.'

Couple of things making me furious:

1. I have proof. Urgent care records, PT notes, a referral for an MRI. How is that not substantial? 2. My son was in a booster seat. The pediatrician told us we need to replace it after any crash, even if it looks fine. The insurance is dragging their feet on that too. It's a child safety item — how can they question it?

I live in a no-fault state so I've been filing through my own insurance but they're being just as dismissive. I'm not trying to get rich here. I just want my PT covered and to not have to argue about a booster seat.

Has anyone dealt with this? Did you push back and actually get somewhere, or did you have to get a lawyer involved? Feeling really lost right now.

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8replies

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8 replies

  • 9
    hearty-beaver-508

    I used to work claims and I'll be honest — that 'cosmetic damage = no injury' line is a negotiating tactic, not a medical or legal conclusion. Keep stacking your documentation: every PT visit, every prescription, every time you call out of work or can't do something you normally do. The more paper trail you have, the harder that argument gets to sustain. And on the booster seat — most manufacturers literally state in the manual that it must be replaced after any collision. Print that page and submit it.

    • 7
      quick-beaver-659

      The car seat thing is actually pretty standard to recover — you just need to show the manufacturer's replacement recommendation, which almost all of them have in writing. Attach it to a written demand letter. For the injury side, make sure you're not giving any recorded statements to the other side's adjuster without understanding what you're agreeing to. Those can be used to minimize your claim later.

  • 13
    plain-raven-602

    Not legal advice, but in most states an insurer can't simply deny an injury claim because the vehicle damage looks minor — that's not an accepted medical or legal standard. If you have treatment records and a physician's notes, you have something to work with. A personal injury attorney can usually tell you pretty quickly whether you have leverage here; most do free consultations. Don't sign any releases or accept any payment without understanding what you're waiving.

  • 12
    spry-seal-833

    They ALWAYS do this. 'Minor damage to the vehicle means minor injury to the person' is an adjuster playbook move and it's genuinely not supported by medical science. Soft tissue injuries happen all the time in low-speed crashes. Don't let them conflate car damage with body damage. Those are two completely different things.

  • 8
    warm-lynx-365

    Get a lawyer. Free consult, no risk. You've got medical records, ongoing treatment, and a kid's safety item to replace. That's not nothing. Stop negotiating alone with an adjuster whose job is to pay out as little as possible.

  • 4
    clear-kestrel-352

    Went through almost this exact thing last year. They tried to lowball me with the 'minor impact' argument even though I had documented injuries. The magic words that seemed to help me were 'diminished bodily function' — make sure every doctor visit mentions how the injury is affecting your daily activities. Vague pain complaints are easier for them to dismiss than specific functional limitations.

  • 3
    candid-sparrow-269

    Ugh, I'm so sorry. You're still going to PT and they're fighting you on it?? That's so stressful on top of already dealing with an injury. Please don't just let them wear you down — that's literally what they're hoping for.

  • 6
    brave-badger-356

    The head-turned position when you got hit is actually significant from a medical standpoint — it puts asymmetrical strain on the cervical spine and can cause injuries that don't fully show up for days. Make sure your PT and any imaging reports specifically note the mechanism of injury, not just your symptoms. That context matters when someone is reviewing your file.