What to Do When an Insurance Adjuster Questions Your Injuries
After a serious car accident, you expect the insurance company to review your claim fairly. But many injury victims are caught off guard when an insurance adjuster starts questioning whether their injuries are real, serious, or related to the crash at all. Unfortunately, this is a common tactic used by insurance companies.
The goal of an adjuster questioning your injuries is often to trigger Texas’s proportionate responsibility rule. If they can make it seem like you were "exaggerating" or failed to follow a doctor's orders, they can argue you are partially responsible for your own slow recovery.
And if they can convince a jury you are even 10% "at fault" for your lingering symptoms, they can slash your compensation by that same 10%.
Why insurance companies question injury claims
Insurance adjusters are trained to protect the insurance company’s financial interests. When they question your injuries, it's strategic.
By raising doubts about your injuries, an adjuster may try to argue that your condition isn’t as serious as you claim, wasn’t caused by the accident, or doesn’t require the level of treatment you’re receiving. If they can create uncertainty early on, it gives the insurance company more leverage to reduce the value of your claim or deny certain damages.
Adjusters often look closely at delayed symptoms, gaps in medical treatment, and your past medical history. These details may be used to suggest that your injuries came from something other than the crash, even when medical records tell a different story.
In Texas, adjusters don't just look at your medical files; they look at your digital life. A lot of crash victims are surprised to learn that it's common for insurance companies to conduct "social media surveillance," looking for any photo of you at a family BBQ or a local Laredo park to argue that you aren't actually in pain.
If you tell an adjuster you have a back injury but they find a post of you carrying groceries, they'll use that one second of video to question your entire medical history. This is why we advise clients to stay off social media entirely while their claim is active.
How to handle a conversation with an insurance adjuster
When an insurance adjuster starts questioning your injuries, the conversation is rarely casual. Choosing your words carefully can help prevent your claim from being unfairly challenged or minimized.
What to say:
- Stick to clear facts: “I’m receiving treatment as recommended by my doctor.”
- Keep responses short: Answer the question asked without adding extra detail.
- Reference medical care: Let diagnoses and treatment plans speak for your condition.
- Be consistent: Keep your answers aligned with your medical records.
What not to say:
- Avoid minimizing language: Phrases like “I’m fine” or “it’s not that bad” can be misused.
- Don’t speculate: Avoid guessing about fault, recovery time, or injury severity.
- Avoid emotional responses: Frustration or defensive comments can shift the conversation in a way that doesn't help your claim.
Even careful conversations can be stressful, which is why it is in your best interest to consult a lawyer and have them handle communication with the insurance company.
A car accident lawyer can speak with the insurance company on your behalf
Having help from a lawyer means the insurance company no longer contacts you directly. All communication goes through your attorney, reducing pressure and preventing costly mistakes.
Your lawyer will respond using medical records and documentation, and control when and how information is shared. This keeps adjusters from rushing you, twisting your words, or pushing for a quick settlement before your claim is fully valued.
Having a car accident lawyer involved also signals to the insurance company that your claim is being taken seriously. Instead of trying to wear you down, adjusters know they must negotiate fairly.
Most importantly, your lawyer handles the insurance company so you can focus on treatment and recovery, not stressful phone calls and paperwork.
Frequently asked questions: Insurance adjusters & injury disputes
Should I sign the medical authorization form the adjuster sent me?
Be extremely cautious. These forms are often "blanket" authorizations that allow the insurance company to dig through your entire medical history, looking for an injury from ten years ago to blame for your current pain. In Texas, you are not required to give the other driver’s insurance company unlimited access to your past. We provide a limited authorization that only covers the injuries relevant to your crash.
The adjuster says my car has "no damage," so I can't be hurt. What should I do?
This is a standard tactic. Modern vehicles are designed with "crumple zones" that protect the car's frame while transferring the impact force directly into the occupants' bodies. A bumper might pop back into place, but your neck and spine don't. We use biomechanical data to show that "low-impact" crashes still generate enough force to cause significant soft-tissue damage or concussions.
Can I record my phone call with the insurance adjuster?
Texas is a "one-party consent" state, meaning you can record a conversation you are a part of. However, the adjuster is likely already recording you. Instead of worrying about what you say on a recording, the safest move is to decline the interview and let your lawyer handle all verbal communications. This prevents "gotcha" questions from becoming permanent evidence.
What if I have a pre-existing condition in my back or neck?
In Texas, the "Thin Eggshell Rule" applies. The insurance company is responsible for the aggravation of a pre-existing condition. If your back was manageable before the crash but is now debilitating, the negligent driver is liable for that change. We use "before and after" testimony from your doctors and family to show the impact the crash had on your baseline health.
Why is the adjuster offering me a "Quick Settlement" if they're questioning my injuries?
If they're questioning your injuries but simultaneously offering you a check, it’s because they know your claim is worth more than they're offering. They want you to sign a release before you realize the true extent of your injuries. However, once you sign, you can never ask for more money, even if you eventually need surgery or long-term care.
Don’t let the insurance company decide what your injuries are worth
Insurance companies don’t get to decide whether your pain is real or how much your injuries matter — especially when their goal is to pay as little as possible. If an adjuster is questioning your injuries after an accident, you don't have to deal with it alone.
John R. Solis, Attorney at Law, is proud to serve injury victims in Laredo and throughout Texas. Our team knows how to stand up to insurance companies that try to minimize legitimate claims.
If you’ve been injured and feel like the insurance company isn’t taking you seriously, contact us today for a free consultation. You deserve answers and someone in your corner who knows how to fight back.
"Amazing law firm, very friendly staff. Whenever I had a question, they helped me out, very efficient and professional. I am very grateful for everything they did with my case. I 100% recommend this law firm." - Miguel D. ⭐⭐⭐⭐⭐
