Back or neck injury claim in San Antonio: proof, old wear and who pays
A herniated disk can't be diagnosed from an x-ray alone, so ask for an MRI or CT. Texas takes you as it finds you, so older neck or back wear doesn't end a claim. Get the SAPD report and EMS record, and sue within 2 years.
Last checked November 9, 2026 · Official sources (39)
How do doctors prove a back or neck injury after a San Antonio crash?
Not with an x-ray. An x-ray shows only bones, and it is not possible to diagnose a herniated disk from a spine x-ray alone.
| Test | What it can show |
|---|---|
| Spine MRI | Discs, ligaments and nerve roots |
| Spine MRI or CT | Where a herniated disk presses on the spinal canal |
| EMG | Which nerve root is affected |
A disk can herniate from injury or strain. In the low back that can mean sharp pain in the leg, hip or buttocks. In the neck it can mean pain that runs into the arm and fingers.
Can I still claim if I already had back or neck problems in San Antonio?
Yes. The Texas Supreme Court has said a person who causes harm takes the injured person as he finds him. That helps when a crash makes old problems worse.
In a San Antonio claim, the other side will point to your history. Disk wear shows up in 37 percent of people with no symptoms at age 20 and 96 percent at age 80. So wear on a scan doesn't tell the whole story. What matters is whether you had pain before, and how much worse it got. Old records from your own doctor help show the change.
When should I see a doctor after a wreck on I-35 or Loop 410?
Go to a San Antonio provider right away after a blow or fall, even if the pain seems small. Call a provider now for numbness, loss of movement, weakness, or bowel or bladder changes. Loss of control of the bowel or bladder is an emergency.
Many back and neck problems improve over weeks to months, but pain that lasts longer than 12 weeks and happens daily is called chronic. Keep every visit. Gaps in care are the first thing an insurer points to.
Which San Antonio records should I collect for a back or neck claim?
- Get the crash report. SAPD keeps city reports, and TxDOT holds the statewide record. SAPD reports can take up to 14 days to reach TxDOT's system.
- Request the San Antonio Fire Department EMS report. It is usually ready within a week, for a $10 fee.
- Ask University Health for medical records at 210-358-3532 if you were treated there.
- Keep every scan, bill and work note from your San Antonio providers in one folder.
A sworn billing affidavit can show bills were reasonable and the care necessary, but it does not prove the crash caused the injury. Texas limits medical damages to amounts paid or owed.
Who pays for a back or neck injury from a San Antonio crash?
- The at-fault driver's insurer, which in Texas must cover at least $30,000 per person.
- Your own policy, if you have uninsured motorist coverage that you didn't reject in writing.
- A hospital that treated you can claim a lien if you were admitted within 72 hours.
- Medicare, which must be repaid from a settlement if it paid.
If a city vehicle was involved, the City of San Antonio needs written notice within 90 days. A claim against another Texas local government needs notice in 6 months. Texas waives immunity for the use of a motor vehicle.
How long do I have to file a back or neck injury claim in San Antonio?
In San Antonio, you have 2 years to sue in most cases. If a jury puts you over 50 percent at fault, you recover nothing. Lost wages must be shown after income tax.
Context helps explain why this injury is common here. In 2025, the city of San Antonio had 37,299 crashes and 579 suspected serious injuries. TxDOT ranked I-35 from Loop 1604 to Loop 410 29th among the most congested segments in Texas in 2024.
Questions
Does back pain that starts days later still count?
It can. Show a provider your symptoms as soon as they begin, because the gap is the part an insurer questions.
Do I need surgery to have a claim?
No. Many back and neck problems improve over weeks to months, and the claim covers the treatment you really needed.
Is age a problem for my claim?
It can come up. Neck wear is common, and most people show signs of it by 60, so your doctor should say what is new.
Who can answer questions about the city's claim process?
Claims against the city start at the City Clerk. The notice must say when, where and how it happened and the amount of damages.
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See if I’m owed moneySources (39)
- MedlinePlus, checked 2026-11-09. “it is not possible to diagnose a herniated disk by a spine x-ray alone”
- MedlinePlus, checked 2026-11-09. “Spine MRI or spine CT to show where the herniated disk is pressing on the spinal canal.”
- Coates v. Whittington (Tex. 1988), checked 2026-11-09. “It is well settled that a tortfeasor takes a plaintiff as he finds him.”
- City of San Antonio, Police Open Records Requests, checked 2026-11-08. “You may submit police records requests through San Antonio Police Department (SAPD), including crash reports.”
- San Antonio Fire Department, EMS Reports, checked 2026-11-08. “typically available within a week after the incident”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- National Library of Medicine, AJNR 2015, checked 2026-11-09. “Disk degeneration prevalence ranged from 37% of asymptomatic individuals 20 years of age to 96% of those 80 years of age”
- MedlinePlus, checked 2026-11-09. “Any numbness, loss of movement, weakness, or bowel or bladder changes”
- NIAMS, checked 2026-11-09. “X-rays only show bones”
- NIAMS, checked 2026-11-09. “MRI can help diagnose damage or disease of the soft tissues, such as the discs, ligaments, and nerve roots in and around the spine.”
- MedlinePlus, checked 2026-11-09. “Electromyography (EMG) to determine the exact spinal nerve root that is involved.”
- MedlinePlus, checked 2026-11-09. “The disk may move out of place (herniate) or break open (rupture) from injury or strain”
- MedlinePlus, checked 2026-11-09. “you may have sharp pain in one part of the leg, hip, or buttocks, and numbness in other parts”
- MedlinePlus, checked 2026-11-09. “pain that moves to the upper arm, forearm, and fingers”
- MedlinePlus, checked 2026-11-09. “Back pain after a severe blow or fall”
- MedlinePlus, checked 2026-11-09. “Loss of control over urine or stool (incontinence)”
- MedlinePlus, checked 2026-11-09. “often goes away or improves a lot over weeks to months”
- NIAMS, checked 2026-11-09. “lasts longer than 12 weeks and occurs daily”
- TxDOT, Crash reports and records, checked 2026-11-08. “TxDOT is the custodian of crash records for the state of Texas”
- City of San Antonio, Police Open Records Requests, checked 2026-11-08. “Reports can take up to 14 days to appear in the system.”
- San Antonio Fire Department, EMS Reports, checked 2026-11-08. “Processing Fee (Medical / Billing): $10”
- University Health, Medical Records, checked 2026-11-08. “For medical records, please call us at 210-358-3532”
- Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary”
- Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “The affidavit is not evidence of and does not support a finding of the causation element”
- Tex. Civ. Prac. & Rem. Code § 41.0105, checked 2026-11-09. “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”
- Tex. Transp. Code § 601.072(a-1), checked 2026-11-08. “(1) $30,000 for bodily injury to or death of one person in one collision; (2) $60,000 for bodily injury to or death of two or more persons in one collision, subject to the amount provided by Subdivision (1) for bodily injury to or death of one of the persons; and (3) $25,000 for damage to or destruction of property of others in one collision.”
- Tex. Ins. Code § 1952.101(b)-(c), checked 2026-11-08. “unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy. (c) The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.”
- Tex. Prop. Code § 55.002, checked 2026-11-09. “For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.”
- CMS, checked 2026-11-09. “because it must be repaid to Medicare when a beneficiary receives a settlement, judgment, award, or other payment”
- San Antonio City Charter, Article XII, Sec. 150 (Municode), checked 2026-11-08. “notice in writing of such death, injury or destruction within ninety days after the injury has been sustained”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- Texas Civil Practice and Remedies Code 101.021, checked 2026-11-09. “arises from the operation or use of a motor-driven vehicle or motor-driven equipment”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- Tex. Civ. Prac. & Rem. Code § 18.091, checked 2026-11-09. “must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability”
- TxDOT, 2025 Crashes and Injuries by City and Town, checked 2026-11-08. “SAN ANTONIO 159 167 494 579 5,851 8,034 4,888 8,202 23,857 65,326 2,050 10,657 37,299”
- TxDOT, 2024 Texas 100 Most Congested Road Segments, checked 2026-11-08. “29 15-SAT 015 Bexar N PanAm Expy / IH 35 Charles W Anderson Loop / SL 1604 NE Connally Loop NE / IH 410”
- MedlinePlus, checked 2026-11-09. “By age 60, most people show signs of cervical spondylosis on x-ray”
- City of San Antonio, Office of Risk Management FAQs, checked 2026-11-08. “All claims against the City must originate from the City Clerk”
- San Antonio City Charter, Article XII, Sec. 150 (Municode), checked 2026-11-08. “stating in such written notice when, where and how the death, injury or destruction occurred”