7 Ways Insurers Devalue Your Herniated Disc Claim after a Car Accident in Ohio

Injured with a herniated disc from a car accident in Columbus? Here’s what insurance adjusters don’t want you to know.

When you’re dealing with a herniated disc from a car accident, pain isn’t your only problem. The real damage can come from the insurance company, especially when they try to minimize your injury and offer far less than your case deserves.

At The Jones Firm, we’ve seen this time and again. And we want you to know the tactics insurance companies use so you’re not caught off guard. Because when you understand how they operate, you can better protect your health, your rights, and your future.

Let’s break it down.

1. Calling It a Pre-Existing Condition

One of the most common strategies insurance adjusters use is claiming that your herniated disc was pre-existing. Maybe you had a prior back issue—or maybe you didn’t. It doesn’t matter to them. They’ll dig into your medical history looking for anything that can muddy the waters.

They’ll argue: “This didn’t happen in the accident—it was already there.” Even if your pain didn’t start until after the crash.

Here’s the truth: You can recover compensation for aggravation of a pre-existing condition. Ohio law recognizes that injuries can be made worse by trauma, even if there were prior problems. Don’t let them dismiss your case with this tired excuse.

Most adults have degenerative changes in their spines. These changes are visible through x-ray imaging, CT scans, or MRIs of your spine, and this is considered a “normal” radiological finding. However, for most people, these changes are not symptomatic – they do not cause pain – until you are involved in a motor vehicle collision. Neck pain or back pain was not normal for you before the collision.

At The Jones Firm, we will not discount your injuries – we will work with you and your doctors to ensure that you receive a proper diagnosis and treatment. We will retain appropriate medical experts if necessary to prove that your injuries were caused by the collision. And we will fight for every dollar you deserve. 2. Using Delay Tactics to Wear You Down

Insurance companies know that injured people often face financial pressure. Medical bills pile up. Work is missed. The stress builds.

So, what do they do? They delay. They ask for more records, more time, more “internal reviews.” They may drag your case out for months—or longer—hoping you’ll eventually give up or accept a lowball offer just to move on.

This isn’t an accident. It’s a calculated move designed to pressure you into settling for less than your claim is worth.

3. Cherry-Picking the Medical Records

If your MRI confirms a herniated disc, that should be enough, right?

Not to an insurance company.

They may look at 500 pages of your medical file—and point to one note where a doctor wrote “mild discomfort” or “no radiculopathy noted that day”—and ignore everything else. Then they argue your injury isn’t serious.

They’ll pretend your good days are the whole story, while conveniently forgetting the ER visits, physical therapy, and pain management appointments.

It’s misleading. It’s unfair. But it happens all the time.

4. Discrediting Your Pain as “Subjective”

Herniated discs often don’t look dramatic from the outside. You may not need surgery. You may not be in a brace. But the pain is real—burning, stabbing, radiating into your legs or arms, making it hard to sit, stand, or sleep.

Insurance adjusters know that. But if your pain can’t be objectively measured, they’ll label it “subjective.”

Translation? “We don’t believe you.”

They may argue you’re exaggerating. Or that you should have “healed by now.” This is deeply frustrating for anyone dealing with a long-term disc injury. It’s also why having thorough medical documentation and a strong advocate matters more than ever.

5. Downplaying Future Medical Needs

A herniated disc from a car accident doesn’t always heal with a few weeks of rest and Advil. Some people deal with chronic pain, nerve damage, or ongoing flare-ups for years. Some need injections or even surgery.

But insurance companies often ignore the long game. They’ll assess your current bills and offer a settlement that reflects the past, not the future.

What if your condition gets worse? What if you need more treatment six months from now?

That shouldn’t come out of your pocket. A fair settlement must consider reasonably certain ongoing and future medical care costs and other future economic damages, not just what’s already happened. 

In addition, you are entitled to compensation for your non-economic damages, including future pain and suffering, directly and proximately caused by the wreck.

6. Blaming the “Low-Impact” Nature of the Crash

Another tactic? Arguing that the crash wasn’t “bad enough” to cause a serious back injury.

They’ll point to photos of minor vehicle damage and say: “There’s no way someone herniated a disc in this.”

But car crash dynamics are complex. Even at lower speeds, the human body can absorb sudden forces that jolt the spine, and that can absolutely lead to disc injuries. Everybody is different, and damage to soft tissues doesn’t always line up with bent metal.

Don’t fall for this myth. A crash doesn’t have to total your car to injure your spine.

7. Making a Lowball Offer Quickly—Before You Know What’s Ahead

Sometimes, insurance companies try to settle fast. They’ll call just days after the accident with a check in hand. It might seem generous, especially when you’re in pain and unsure about what’s next.

But here’s the catch: Once you sign a settlement agreement, your claims for additional medical care costs may be barred. Forever.

They want you to settle before you talk to a lawyer. Before the MRI. Before your pain gets worse. Because the earlier you settle, the less they’ll pay.

Never accept a settlement offer without understanding your full medical picture. Once you do, there’s likely no going back.

What You Can Do Right Now

If you’re dealing with a herniated disc from a car accident in Columbus, you’re not alone—and you’re not powerless. Here are three steps to take now:

• Get Medical Treatment. Don’t wait. Follow your doctor’s advice and keep detailed records. Delay in seeking treatment and gaps in your medical care are some of the biggest red flags insurance companies look for.
• Don’t Talk to the Adjuster Alone. They’re trained to protect the company’s bottom line, not your recovery. In fact, if you decide to go it alone without an attorney, you are likely dealing with a less experienced insurance claims adjuster with a lower settlement “reserve.”
• Talk to a Law Firm That Gets It. The Jones Firm has helped injury victims throughout Ohio push back against unfair tactics—and get results that reflect the true cost of their injuries.

We don’t throw out fake settlement numbers or empty promises. We focus on building strong cases, based on real facts and real lives.

You Only Get One Shot at This

A herniated disc can affect your ability to work, care for your family, or simply enjoy everyday life. You deserve a fair outcome, not a rushed offer based on tricks and technicalities.

Let The Jones Firm fight for what’s right. We’ll evaluate your case, explain your options, and be honest about what it will take to move forward.

Call The Jones Firm or fill out our contact form today. There’s no cost to talk, and no pressure to sign. Just real answers when you need them most.