How Do My Pre-Existing Case Impact My Auto Accident Settlement?
Michael Babboni
Car Accidents
After an accident, you’ll quickly find that car insurance companies are not your friend. They will do everything in their power to undermine your claim. They will fight you on the details of the accident, try to blame you for the crash, and even try to claim your injuries aren’t real. One of the most common things we see is insurance companies using pre-existing conditions to claim that your injuries are not from the car accident. However, there are some things you can do to protect yourself from this tactic.What Is A Pre-Existing Condition?
Pre-existing condition is a common term we hear when dealing with insurance companies. A pre-existing condition is an injury or illness that you had prior to the claim. For example, if you injured your cervical spine a year ago lifting a heavy item. Then after your car accident your cervical spine hurts again, your insurance company could say that the accident didn’t cause the injury but exaggerated an existing injury. Other examples of pre-existing conditions can be chronic illnesses like arthritis or osteoporosis. Often times, these illnesses aren’t discovered until after an accident. Say you go to the emergency room and they take a MRI of your spine and find that you have degenerative disc disease. This will not be covered by your auto insurance claim because it’s an illness that develops over time.
Can The Insurance Company Legally Deny My Claim Based On A Pre-Existing Condition?
Legally, the insurance company is only allowed to deny a claim based on a pre-existing condition if:
● The accident did not cause the pre-existing injury or condition to become worse
● The accident did not cause you to have any new symptoms of your pre-existing condition
However, even though the law is reasonable in this case, prepare yourself. Insurance companies will try every trick in the book to manipulate the law and deny your claim.
Be Open About Your Pre-Existing Condition
Often times people are afraid to expose their pre-existing injury, especially if it is in the same area as their accident injuries. We all know that insurance companies will try to deny our settlement. So people are rightfully worried that letting the insurance companies know about them will lead to a denial. However, being clear about your pre-existing condition can actually have a positive impact on your case. First, disclosing these shows that you are acting in good faith. If your claim goes to trial, then the judge will view this favorably. Secondly, if the accident did worsen your pre-existing injury or illness, the insurance companies have to pay.
How Do I Prove The Accident Worsened My Pre-Existing Condition?
Proving the accident worsened your pre-existing condition is ultimately a medical determination. Your physician will have to show the insurance companies that the accident created a new medical condition in the area or worsened your current condition. They can do this by presenting evidence of the new injury through comparative diagnostic reports. However, even with this determination, your insurance company may fight you. They will request you submit to an independent medical examination to get their own medical opinion.
Make no mistake, the independent medical examiner is not your friend and will be looking for evidence that the accident didn’t cause any new or worsening medical conditions.
The best way to protect yourself when you have a pre-existing condition is to work with a skilled auto accident attorney. A good attorney will know exactly what kinds of documentation is required to prove your injuries. Michael Babboni, the St. Pete’s Lawyer, has nearly 30 years of experience protecting accident injury victims from the dirty tricks of the insurance companies. His reputation in the area is so good, that many insurance companies know if he takes your case, they can’t pull these kind of tricks. If you have a pre-existing condition, give him a call at (727) 381-9200 for a free consultation and to learn more about how he can help you win your claim.