How Insurance Companies Use Gaps in Medical Treatment Against You

How Insurance Companies Use Gaps in Medical Treatment Against You

Jay Stillman

6 min read

You were in a crash. You went to the ER. The doctor said to follow up in a week. But then life got in the way — work was demanding, the kids needed you, and honestly, you started feeling a little better. So you skipped the follow-up. Maybe two follow-ups. Maybe a month went by before you went back.

Now you’re worse again. And the insurance company is asking pointed questions about where you’ve been.

This is one of the most common ways Tennessee crash victims accidentally damage their own claims. A gap in medical treatment — even a short one — gives insurers an opening to argue that your injuries aren’t as serious as you say. Understanding how this works can help you avoid the trap.

What Counts as a “Gap in Treatment”?

A gap in treatment is any period where you stop or interrupt the medical care your doctor recommended after the crash. There’s no single definition for how long is “too long,” but insurance adjusters tend to flag:

  • Missing scheduled follow-up appointments (especially in the first few weeks)
  • Stopping physical therapy or other prescribed treatment before being released by the provider
  • Going weeks or months between visits without explanation
  • Not seeing a specialist you were referred to

A gap doesn’t have to be dramatic. Even a two- or three-week break in treatment during the critical early months can give an adjuster something to work with.

How Adjusters Use the Gap Against You

When an insurance adjuster sees a gap in your medical records, they typically build one of these arguments:

“If you were really hurt, you would have kept going to the doctor.” This is the most common version. The logic is simple: people in real pain seek treatment. If you stopped going, the adjuster suggests your injuries must not have been that bad.

“Something else must have caused your symptoms.” If there’s a three-week gap and then you return complaining of back pain, the adjuster may argue that something happened during those three weeks — a new injury, normal aging, a weekend project — and that the crash wasn’t really the cause.

“You failed to mitigate your damages.” In Tennessee, injured people have a general duty to take reasonable steps to treat their injuries and prevent them from getting worse. If you stop treatment against medical advice, an adjuster (or later a defense attorney) can argue that some of your ongoing pain is your own fault because you didn’t follow through.

None of these arguments mean the adjuster is right. But each one creates a question mark that can lower your settlement offer or complicate your case if it goes further.

Why People Stop Treatment (and Why It’s Understandable)

If you’ve fallen off your treatment plan, you’re not alone — and you’re not irresponsible. Tennessee crash victims stop going to the doctor for reasons that make perfect sense in the moment:

  • Cost and insurance confusion. Medical bills add up, especially if you’re unsure whether your health insurance, the at-fault driver’s insurance, or your own auto policy is supposed to pay. Many people stop treatment simply because they can’t figure out who’s covering the bills.
  • Feeling temporarily better. Soft tissue injuries often follow a pattern: intense pain, gradual improvement, then a plateau or setback. When the pain dips, it’s natural to think you’re healed. When it comes back, you’ve already lost weeks.
  • Work and family obligations. Missing work for appointments can feel impossible, especially if you’re the primary earner or caregiver. Physical therapy three times a week is a real commitment that many people struggle to maintain.
  • Not understanding the treatment plan. If the ER doctor said “follow up with your primary care physician” but didn’t explain why or what to ask for, the next step can feel unclear. People don’t skip care out of laziness — they skip it because no one connected the dots for them.
  • Emotional exhaustion. After a crash, dealing with the insurance process, car repairs, and daily pain is draining. Some people simply run out of energy to manage one more thing.

Every one of these reasons is valid. But an insurance adjuster won’t ask why you stopped — they’ll just note that you did.

How to Avoid a Treatment Gap

The best approach is to follow your medical providers’ recommendations consistently from the start. Here are some practical tips:

Stay on schedule

If your doctor recommends follow-up visits, physical therapy, or specialist referrals — go. Even if you’re feeling better. The provider may clear you or adjust your plan, and that decision will be documented.

Communicate with your providers

If you need to reschedule, call and reschedule rather than just not showing up. A rescheduled appointment looks very different in medical records than a no-show or a month of silence.

Tell your doctor everything

At each visit, be honest about your symptoms — even the ones that seem minor or embarrassing. If you’re having trouble sleeping, feeling anxious while driving, or noticing new numbness, say so. Every symptom that’s documented strengthens the connection between your injuries and the crash.

Keep a paper trail

Save appointment confirmations, discharge papers, prescription receipts, and referral letters. If a gap does occur, these records can help explain the timeline.

Ask about payment options early

If cost is a barrier, talk to your attorney or your provider’s billing office. Many Tennessee providers treat accident victims under a medical lien (they agree to be paid from the settlement), and your own auto insurance MedPay coverage — if you have it — can cover treatment regardless of fault. Don’t let billing confusion stop you from getting the care you need.

What If You Already Have a Gap?

If you’ve already missed appointments or gone weeks without treatment, don’t panic — but don’t wait any longer, either.

Go back to your doctor now. Make an appointment as soon as possible. When you see the provider, be honest about the gap and why it happened. If you stopped because you felt better and then symptoms returned, say exactly that. If cost or logistics were the barrier, mention that too. A doctor who understands the reason for the gap can note it in your chart, which helps counter the insurer’s narrative.

Don’t try to “make up” for lost time. Suddenly scheduling a burst of appointments after weeks of silence can look strategic rather than genuine. Instead, return to a reasonable, consistent treatment schedule and stick with it.

Talk to an attorney about your options. A gap doesn’t automatically destroy your claim. An experienced injury attorney can evaluate your medical records, identify how the gap might be addressed, and advise you on the strongest path forward. Many Tennessee crash victims with treatment gaps still recover meaningful compensation — especially when the gap has a reasonable explanation and the medical evidence as a whole supports the claim.

Tennessee’s Statute of Limitations — Another Reason Not to Wait

While treatment gaps affect the strength of your claim, Tennessee’s statute of limitations affects whether you can bring a claim at all. In Tennessee, you generally have one year from the date of the accident to file a personal injury lawsuit. (See Tenn. Code Ann. § 28-3-104.)

That timeline can feel distant right after a crash, but it moves quickly — especially when you’re dealing with injuries, insurance, and daily life. The longer you wait to get consistent treatment and legal advice, the harder it becomes to build a strong case within that window.

This isn’t meant to pressure you. It’s meant to make sure you know the clock is running so you can make informed decisions.

We’re Here to Help

If you were injured in a car, truck, or motorcycle crash in Tennessee and you’ve fallen behind on your medical treatment, it’s not too late to get back on track. A gap in treatment doesn’t mean your injuries aren’t real — and it doesn’t have to mean your claim is over.

Our team at Stillman & Friedland helps Tennessee crash victims navigate the medical and insurance process, close treatment gaps, and build the strongest case possible.

Call 615-244-2111 or reach out through our online contact form.

Because we care,

Stillman & Friedland