What to Do if the Insurance Company Downplays Your Injuries After a Car Accident

After a serious car accident, you expect the insurance company to help you recover, not to stand in your way. Unfortunately, many injury victims discover that insurers often minimize, delay or outright deny legitimate claims. When adjusters downplay your injuries, it can feel like being hurt all over again, this time by a system that’s supposed to protect you. At John J. Malm & Associates, we’ve seen firsthand how insurance companies use tactics to undervalue claims. Our personal injury attorneys help clients across Illinois push back against unfair treatment, protect their rights, and secure the compensation they deserve.

As Naperville car accident attorney John J. Malm explains, “Insurance companies are in business to save money, not to pay fair settlements. When they minimize your injuries, they’re protecting their bottom line, not your future. The right legal team can make all the difference in proving the full extent of your damages after a serious accident.”

Below we explain what to do if an insurance company downplays your injuries after a car crash, the steps to strengthen your claim, and how our firm can help ensure you’re treated fairly.

Seek Medical Attention Immediately

Your health comes first. Even if you believe your injuries are minor, it’s critical to seek medical care immediately after the car accident. Many injuries, such as concussions, soft-tissue damage, or internal injuries, can take hours or days to show symptoms, especially when your adrenaline is running high after an accident. Getting prompt medical attention creates a vital record that connects your injuries directly to the crash.

• Go to the emergency room or urgent care if you have visible injuries, head trauma, or significant pain.
• Schedule follow-up appointments with your primary care doctor or specialists to document ongoing symptoms.
• Follow your treatment plan and attend every appointment. Gaps in treatment are often used by insurers to argue that your injuries are not serious.

Proper medical documentation is one of the strongest tools against insurance companies that try to downplay your injuries. Every doctor’s note, imaging study, and prescription can help support your claim.

Document Everything

Insurance companies rely on incomplete or inconsistent evidence to minimize payouts. By documenting every aspect of your injury and recovery, you can help ensure the full scope of your damages is clear. Keep an organized file that includes:

• Medical records and bills from every provider you’ve seen since the accident.
• Photographs of your injuries and vehicle damage taken immediately after the crash and throughout recovery.
• Receipts for all related expenses, including medications, transportation, and medical devices.
• A daily injury journal describing your pain levels, mobility limitations, emotional struggles, and how your injuries affect your work and daily activities.
• The police report and witness information in case further evidence is needed later.

Thorough documentation builds a detailed timeline of your medical treatment and recovery, making it much harder for an insurer to dismiss your injuries as “minor.”

Be Cautious When Speaking With Insurance Adjusters

After an accident, it’s common for an insurance adjuster to contact you quickly, sometimes within hours or days. They may seem friendly and helpful, but their primary goal is to limit the amount the company has to pay. Always be cautious about what you say.

• Do not give a recorded statement without consulting an attorney. Adjusters often twist your words to imply that you are exaggerating your injuries or accepting fault.
• Stick to basic facts such as your name, contact information, and insurance policy number. Avoid discussing pain levels or treatment progress.
• Avoid social media posts about the accident or your injuries. Photos or comments can be taken out of context and used to downplay your condition.

It’s best to have your attorney handle all communication with the insurance company to prevent misstatements and ensure your claim is presented accurately and effectively.

Recognize Common Insurance Company Tactics

Insurance adjusters are trained to protect company profits by minimizing claims. They often use familiar tactics to reduce settlement amounts or deny liability entirely. Common strategies include:

• Delaying claim processing to pressure you into accepting a low offer.
• Offering quick settlements that don’t cover long-term medical costs.
• Questioning causation, claiming your injuries were pre-existing or unrelated to the crash.
• Labeling injuries as “soft tissue” to suggest they are not serious.
• Citing gaps in treatment as evidence that your injuries have healed.

Understanding these tactics allows you to respond appropriately, and with the support of an experienced Illinois car accident lawyer, you can avoid falling into these traps.

Continue Medical Treatment and Follow All Recommendations

Insurance companies look for any opportunity to argue that your injuries aren’t severe. One of the easiest ways they do this is by pointing to missed appointments or incomplete treatment. Even if you start to feel better, it’s essential to continue your care until your doctor releases you.

If you experience new symptoms, worsening pain, or complications, notify your doctor immediately. Detailed and consistent medical records will show that your injuries required extensive treatment and ongoing care, making it harder for insurers to minimize your claim. Never accept a settlement before your treatment is complete or before you understand the full extent of your medical needs.

Get a Second Medical Opinion, If Needed

Sometimes the insurance company may hire its own “independent” medical examiner to review your injuries. These doctors are often paid by the insurer and may downplay or dispute your diagnosis. If this happens, don’t hesitate to seek a second opinion from a specialist.

Specialists such as orthopedic surgeons, neurologists, or pain-management doctors can provide stronger, objective medical evidence. Ask your doctors to include the following details in their reports:

• A clear diagnosis and prognosis.
• An explanation of how the accident caused or worsened your injuries.
• A summary of recommended treatment and future medical needs.
• Documentation of pain levels, limitations, and lasting effects.

This kind of detailed medical support can make all the difference in proving the seriousness of your injuries.

Track Your Financial Losses

Your injuries likely affect more than just your health, they can also disrupt your work and financial stability. Be sure to keep detailed records of all related losses, including:

• Medical expenses: hospital visits, therapy sessions, medications, medical equipment.
• Lost wages: time missed from work due to treatment or recovery.
• Reduced earning capacity: if your injuries limit your ability to perform your job.
• Other out-of-pocket costs: transportation, household help, or necessary accommodations.

Accurate documentation of these economic losses strengthens your claim for compensation. You may also be entitled to non-economic damages, such as pain and suffering or emotional distress. In Illinois, there is no legal cap on non-economic damages in personal injury cases.

Work With an Experienced Illinois Car Accident Attorney

If the insurance company continues to minimize your injuries, it’s time to involve a skilled personal injury lawyer. A knowledgeable attorney will:

• Gather and organize evidence to prove the extent of your injuries.
• Obtain expert medical opinions to establish causation.
• Negotiate directly with insurance companies to pursue a fair settlement.
• File a lawsuit if the insurer refuses to offer appropriate compensation.

In Illinois, the majority of personal injury cases never go to trial, as approximately 90 % to 95 % of cases settle beforehand. However, reports show that for those that do go to trial, plaintiffs receive damages in only about 51 % of cases. At John J. Malm & Associates, our attorneys understand the tactics insurance companies use to avoid paying full value for claims. We’ve successfully represented countless accident victims across Illinois, helping them recover compensation for medical bills, lost income, and the pain they’ve endured.

Understand Deadlines and Legal Options

Every state has a statute of limitations that restricts how long you have to file a personal injury claim. In Illinois, most car accident injury claims must be filed within two years from the date of the crash. (There can be exceptions and shorter deadlines in certain cases.) Delaying your claim can weaken your case, as evidence becomes harder to collect and witness memories fade. If the insurance company continues to deny or minimize your injuries, speak with an attorney as soon as possible to preserve your right to compensation.

Frequently Asked Questions about Insurance Companies Downplaying Injuries

Q: What if the insurance company claims my injuries were pre-existing?
A: Ask your doctor to provide a written statement showing how the accident aggravated or directly caused your condition. Medical imaging and prior records can help demonstrate the difference between pre-existing issues and new trauma.

Q: Should I accept the insurance company’s first settlement offer?
A: No. Early offers are typically far below the true value of your claim and may not cover long-term medical needs. Always review any offer with your attorney before signing.

Q: What if my injuries are invisible or hard to measure?
A: Soft-tissue injuries, nerve damage, and chronic pain can be just as serious as fractures. Consistent medical care, detailed documentation, and specialist opinions can validate your pain and prove its impact on your daily life.

Q: How long will my car accident case take?
A: The duration of your case depends on the complexity of your injuries and the insurer’s willingness to negotiate. Some claims settle in months, while others may take a year or longer. Your attorney can keep you informed at every stage of the process.

Take Control of Your Recovery. Contact John J. Malm & Associates Today

If the insurance company is downplaying your injuries, don’t settle for less than you deserve. You have the right to full and fair compensation for your medical expenses, lost wages, and the pain you’ve endured. The top-rated Naperville car accident attorneys at John J. Malm & Associates understand how to hold insurance companies accountable and fight for the best possible outcome for your case. We handle every step, from collecting evidence to negotiating aggressively on your behalf, so you can focus on healing.

Don’t let an insurer decide how serious your injuries are. Contact John J. Malm & Associates today for a free, no-obligation consultation. Our dedicated Illinois injury lawyers will review your case, explain your legal options, and help you take the next step toward justice and recovery. Your future is too important to leave to chance.