Common Insurance Denials for Back Pain Claims
Back pain is one of the most common injuries after a car accident—and one of the most frequently denied by insurance companies.
Insurers often claim that back pain is "temporary," "unrelated," or the result of degeneration rather than trauma. Victims who suffer daily pain, limited mobility, or even nerve damage are often shocked to discover that their legitimate claims have been denied or undervalued.
In Alberta, insurers have a financial incentive to classify back injuries as "minor" or "non-compensable." But persistent pain, herniated discs, or spinal nerve involvement can take months or years to heal—and in many cases, never fully resolve.
As Alberta personal-injury lawyers who once defended insurance companies, we know exactly how insurers justify these denials—and how to counter them with medical and legal evidence.
This article explains the most common reasons insurers deny back pain claims, the Alberta laws that apply, and how a lawyer can help you get the compensation you deserve.
This guide covers:
What Counts as a Back Pain Injury After a Crash?
The back is a complex structure of muscles, ligaments, discs, and nerves. Even low-speed collisions can cause trauma that leads to chronic pain or disability.
Common Back Injuries After Car Accidents:
Common Insurance Denials in Alberta
Insurance companies often deny or minimize back pain claims to reduce payouts. Here are the most frequent reasons they give—and why they're often flawed:
"Your Injury Is a Minor Strain or Sprain"
Insurers categorize back pain as a "minor soft-tissue injury" under Alberta's Minor Injury Regulation (MIR), which caps compensation for pain and suffering at approximately $6,000 (as of 2025). However, many back injuries—especially those involving chronic pain, nerve involvement, or psychological effects—fall outside this cap. If the pain persists beyond normal recovery time or interferes with daily life, it is no longer considered "minor."
"Your Pain Is Due to Degeneration, Not the Accident"
Insurers often point to MRI or X-ray findings showing pre-existing degenerative disc disease, which is common in adults over 30. They argue the pain is due to this pre-existing condition, not the accident. Alberta law allows compensation for the aggravation of pre-existing conditions. Even if an individual had mild back issues before the accident, they are entitled to damages for the worsening of their condition caused by the accident.
"There's No Objective Evidence of Injury"
Insurers claim a lack of "objective proof" because soft-tissue and nerve injuries do not always appear on imaging scans (like X-rays or MRIs). This argument ignores crucial clinical findings such as reduced mobility, tenderness upon examination, and consistent pain reports from the patient, which are valid forms of evidence for these types of injuries.
Steps to Take After a Denied Back Pain Claim
If your insurer denies or limits your back-pain claim, it's not the end. These denials can be challenged—and often overturned—with the right evidence:
Request a Written Explanation
Insurers must provide reasons for the denial under Alberta's Insurance Act.
Gather All Medical Records
Include diagnostic imaging, specialist notes, and therapy progress reports.
Get a Second Medical Opinion
Independent specialists or pain doctors can confirm the true extent of your injury.
Document Daily Pain and Limitations
Journals and witness statements reinforce the real-world impact.
Consult an Alberta Personal-Injury Lawyer
We identify the flaws in insurer arguments and build the medical and legal case to challenge the denial.
How a Lawyer Challenges Insurance Denials
Successfully reversing a denial requires both medical and legal expertise. Our role is to gather evidence that meets the insurer's own criteria—and then exceed it.
Obtain Comprehensive Medical Evidence
We work with neurologists, physiatrists, and chronic-pain specialists.
Challenge Insurer Medical Reports
We expose bias or factual inaccuracies in insurer-ordered IMEs.
Prove Causation
We link your pain directly to the collision, even if imaging is inconclusive.
Calculate Total Damages
We include pain and suffering, lost income, rehabilitation costs, and future care.
Negotiate from Strength
Our prior experience defending insurers means we know how to dismantle their strategies.
Frequently Asked Questions
Conclusion
Insurance companies deny back pain claims because they're common, complex, and expensive to prove—but that doesn't mean you have to accept a denial. Persistent pain, nerve issues, or chronic disability deserve full compensation under Alberta law.
Get medical assessments and imaging as soon as possible
Follow your treatment plan and keep detailed records
Don't accept the "minor injury" label without legal advice
Consult an Alberta injury lawyer early to challenge insurer tactics
Still have questions? Contact us today for a free consultation.
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