What Is a Gap in Treatment After a Car Accident?
A gap in treatment is any delay between your accident and your first doctor visit, or a pause in your ongoing medical care. Insurance companies use these gaps to argue you weren’t really hurt, and it’s one of the fastest ways to destroy a legitimate personal injury claim.
If you’ve been in a car accident in Texas and haven’t seen a doctor yet, or you stopped going to appointments, your claim may already be losing value by the day. The good news: an experienced personal injury attorney can often help explain or close that gap, but only if you act quickly.
If you’re dealing with a gap in treatment and worried about your claim, call Varghese Summersett at (817) 203-2220 for a free consultation. We’ve helped thousands of Texans recover compensation even when insurance companies tried to use gaps against them.
Why “I Feel Fine” Is the Most Dangerous Thing You Can Say
You walked away from the crash. You’re sore, maybe a little shaken, but nothing feels broken. You figure you’ll see how you feel in a few days.
This is exactly what insurance companies are counting on.
Here’s what’s actually happening in your body: Immediately after a collision, your system floods with adrenaline and endorphins. This is your “fight or flight” response, and it effectively numbs your pain sensors. You might have a herniated disc, torn ligaments, or even internal bleeding, but your brain won’t register it as pain for 24 to 72 hours.
Soft tissue injuries are particularly deceptive. Whiplash, muscle strains, and ligament tears involve microscopic damage that doesn’t show up on X-rays. As inflammation builds over three to five days, the pain often gets worse, not better. By the time you realize something is seriously wrong, you’ve already created a gap that the insurance adjuster will use against you.
In one recent case, our attorneys represented a client who felt “just stiff” after a rear-end collision on I-30 in Fort Worth. She waited six days to see a doctor. By then, her neck pain had become severe. The insurance company’s first offer was 60% lower than what her injuries warranted, and their adjuster argued repeatedly that she must not have been hurt badly since she didn’t seek immediate care. Our team had to fight significantly harder to recover fair compensation for her, documenting the medical reasons for delayed symptom onset and bringing in expert testimony about soft tissue injury patterns.
The lesson: what feels minor today can become a major problem, both physically and legally.
The Timeline: When Insurance Companies Start Cutting Your Claim Value
There’s no Texas statute that says “your claim loses 40% after two weeks.” But after handling thousands of personal injury cases across Fort Worth, Dallas, Houston, and throughout Texas, our attorneys have seen clear patterns in how adjusters evaluate gaps.
0 to 72 Hours: The Golden Window
This is considered “immediate” treatment. When you see a doctor within three days of an accident, you create a solid, documented link between the crash and your injuries. Insurance companies have a much harder time disputing causation. Your claim retains its full value.
4 to 7 Days: The Suspicious Zone
Adjusters start asking questions. They’ll check whether you went to work during this time. Did you go to the gym? Post on social media about weekend activities? Even if your delayed treatment was reasonable, expect the insurance company to offer 10 to 20% less than your claim is worth. They’ll argue that if you were really hurt, you would have gone sooner.
8 to 14 Days: The Danger Zone
This is where claims start suffering serious damage. Offers typically drop by 40 to 50%. Adjusters will aggressively argue “intervening causes,” meaning they’ll suggest something else caused your injury during that gap period. Did you lift something heavy? Sleep wrong? Fall? They’ll look for any alternative explanation.
30+ Days: The Deal Breaker
At this point, most insurance adjusters will either deny the injury claim entirely or offer what’s called “nuisance value,” sometimes as little as $500 just to make you go away. They’ll assume, at least publicly, that your injuries are unrelated to the crash. Even legitimate, serious injuries become nearly impossible to recover compensation for once you’ve waited this long without documentation.
How Insurance Adjusters Weaponize Your Gap in Treatment
Insurance companies train their adjusters to use gaps strategically. Understanding their playbook helps you see why immediate treatment matters so much.
The “Rational Person” Argument
This is their go-to. The adjuster will argue: “A rational person who is genuinely injured goes to the doctor. You didn’t see a doctor for two weeks. Therefore, you were not injured, or at least not seriously.”
It sounds logical on the surface. Juries sometimes buy it. The problem is that it ignores basic medical reality about delayed symptoms, adrenaline response, and how soft tissue injuries actually work.
The Causation Break
This is the most damaging argument, and the hardest to overcome. To win a personal injury claim in Texas, you must prove that the accident caused your injury. A gap gives the insurance company room to suggest something else did.
Here’s how it plays out: You wait 10 days to see a doctor for back pain. The adjuster responds, “How do we know you didn’t hurt your back lifting groceries on day seven? Or at the gym on day five? Since there’s no medical record from day one, you cannot prove this car accident caused your back pain.”
Without that initial documentation tying your symptoms to the crash, you’re fighting an uphill battle.
Failure to Mitigate Damages
Under Texas law, injured people have a duty to “mitigate” their damages. This means you must take reasonable steps to get better and prevent your injuries from worsening.
If you delay treatment and your condition deteriorates, the insurance company can refuse to pay for that worsening. Their argument: you failed to take care of yourself, so they shouldn’t have to pay for the consequences.
This is particularly brutal with soft tissue injuries. Untreated whiplash can develop into chronic pain. A disc injury that might have healed with early physical therapy can become a surgical case. The insurer will pay for what they claim would have been the outcome with proper treatment, not what actually happened.
What Happens to Your Body After an Accident That You Can’t Feel Yet
Understanding the medical reality helps explain why gaps happen, and why they’re so unfair.
Adrenaline masks your pain. Your body’s stress response suppresses pain signals for hours or even days after trauma. You genuinely feel okay at the scene. That doesn’t mean you are okay.
Inflammation takes time to build. Swelling around injured tissue typically peaks at 48 to 72 hours, not immediately. This is why many accident victims feel worse on day three than they did at the scene.
Internal injuries are silent. Organ damage and internal bleeding don’t always present with dramatic symptoms. Some people have walked around for days with life-threatening internal injuries.
Concussions hide. Traumatic brain injuries often don’t show obvious signs right away. Confusion, headaches, memory problems, and cognitive issues can emerge gradually over days or weeks.
Disc injuries progress. A herniation that feels like mild stiffness today can worsen as it impinges on nerves, eventually causing severe pain, numbness, or weakness in your extremities.
The medical community understands all of this. Insurance adjusters understand it too. They just don’t care, because their job is to pay you as little as possible.
How a Texas Personal Injury Attorney Can Help Close the Gap
Even if you’ve already created a gap, an experienced attorney can sometimes explain it, document it, or minimize its impact. But timing matters.
Controlling the Narrative
Maybe you waited because you don’t have health insurance. Maybe you were afraid of the cost. Maybe you’re a single parent who couldn’t take time off work. Maybe you genuinely thought you were fine until symptoms worsened.
These are valid reasons. But if you don’t document them properly, the insurance company will spin your gap as evidence of fraud or exaggeration. An attorney can help establish a record of why you delayed, so it doesn’t look like you’re making up injuries after the fact.
Letters of Protection
Many people avoid the doctor after an accident because they’re worried about cost. They don’t have health insurance, or they’re afraid of copays and deductibles piling up.
A personal injury attorney can issue what’s called a Letter of Protection (LOP). This is a document that tells the medical provider: treat this patient now, and you’ll be paid out of the eventual settlement. It allows you to get the care you need immediately without paying out of pocket, closing your gap right away.
At Varghese Summersett, we work with a network of medical providers throughout Texas who accept LOPs, ensuring our clients can access treatment regardless of their insurance situation.
Preventing Recorded Statement Mistakes
One of the first things an insurance adjuster will do is ask for a recorded statement. They’ll ask friendly-sounding questions designed to get you to minimize your injuries.
“But you didn’t go to the hospital, so you must have felt okay at the scene, right?”
“You went to work the next day, so the pain couldn’t have been that bad?”
Anything you say can and will be used to reduce your claim. An attorney can handle communications with the insurance company, preventing you from accidentally undermining your own case.
Building the Medical Evidence
Our attorneys work closely with medical professionals to document the connection between your accident and your injuries, even when there’s been a gap. This might include expert testimony explaining delayed symptom onset in soft tissue injuries, medical literature supporting the timeline of your specific injury type, documentation of your symptoms and their progression, and independent medical examinations that establish causation.
This doesn’t guarantee we can overcome a significant gap, but it gives you the best possible chance.
What to Do Right Now If You’ve Been in an Accident
Whether your accident happened today or two weeks ago, here’s what you should do.
If you’re within 72 hours of your accident: Go to urgent care or the emergency room today. Tell the doctor clearly: “I was in a car accident on [date] at [time], and I am experiencing [symptoms].” Be specific and thorough. Mention everything, even symptoms that seem minor. This creates the medical record that protects your claim.
If you’re within one to two weeks: See a doctor immediately. The longer you wait, the more value your claim loses. Even a late record is better than no record.
If it’s been more than two weeks: You still have options, but you need legal help now. Call an attorney before seeing the doctor so they can help you document the gap appropriately.
Regardless of timing: Do not give a recorded statement to the insurance company without talking to an attorney first. Follow through on every medical referral. If the doctor recommends imaging, physical therapy, or specialist evaluation, do it. Don’t skip appointments. Missed visits show up in medical records, and adjusters will find them. Document your symptoms daily. Keep notes on your pain levels, limitations, and how your injuries affect your daily life.
What Happens After You Call Varghese Summersett
We understand that dealing with injuries, medical bills, and insurance companies is overwhelming. Here’s what to expect when you reach out to our team.
During your free consultation, we’ll review the details of your accident, your injuries, and any treatment you’ve received (or haven’t received). We’ll give you an honest assessment of your case, including how any gap in treatment might affect it.
If we take your case, we handle everything: communicating with insurance companies, connecting you with medical providers who accept Letters of Protection, gathering evidence, and fighting for the compensation you deserve.
Our personal injury team has recovered millions of dollars for Texas accident victims. We have offices in Fort Worth, Dallas, Houston, and Southlake, and we handle cases throughout the state.
Frequently Asked Questions About Gaps in Treatment
How long is too long to wait to see a doctor after a car accident?
Ideally, you should seek medical attention within 72 hours. After one week, your claim starts losing value. After two weeks, you’ll face significant challenges. After 30 days, most insurers will deny or severely devalue your claim. However, even with a gap, an attorney may be able to help. Call us for a free consultation to discuss your specific situation.
What if I couldn’t afford to see a doctor after my accident?
This is common, and it’s a valid reason for delay. A personal injury attorney can issue a Letter of Protection that allows you to receive treatment now and pay later out of your settlement. Don’t let cost keep you from getting the care and documentation you need.
Can I still file a claim if I have a gap in treatment?
Yes, but your claim will be harder to prove and likely worth less than it would have been with immediate treatment. An experienced attorney can help document the reasons for your gap and build the strongest possible case given the circumstances.
What counts as a “gap” in treatment?
Both an initial delay (time between the accident and your first doctor visit) and treatment gaps (stopping physical therapy or doctor visits for weeks, then resuming) can hurt your claim. Consistency matters throughout your recovery.
What should I tell the doctor when I go?
Be specific: “I was in a car accident on [date] at [approximate time] and I am experiencing [list all symptoms].” Mention everything, even things that seem minor. This creates the medical record linking your symptoms to the accident.
Protect Your Claim. Talk to a Texas Personal Injury Attorney Today.
Insurance companies have teams of adjusters trained to find reasons to pay you less. A gap in treatment hands them exactly what they need.
At Varghese Summersett, we’ve spent years fighting insurance companies on behalf of injured Texans. We know their tactics, and we know how to counter them. Our firm has more than 70 team members across four Texas offices, and our personal injury attorneys have recovered millions for clients, including many who came to us worried that a gap in treatment had ruined their case.
If you’ve been injured in an accident, whether it happened yesterday or weeks ago, call us at (817) 203-2220 for a free consultation. We’ll give you an honest assessment of your case and explain your options.
Don’t let a gap in treatment cost you the compensation you deserve. Call Varghese Summersett today.
