A pre-existing condition could potentially impact your auto accident claim in various ways. For example, if you have been injured in an accident that was not your fault, the insurance company could use your pre-existing condition against you, claiming they have no obligation to cover expenses related to your recovery.
If an auto accident aggravates or worsens a pre-existing condition, it might be challenging to determine the extent of the new injuries versus the pre-existing ones, and medical records and expert testimony are often needed to prove a clear connection between the accident and the injuries.
Insurance Adjuster Evaluations
Insurance adjusters may attempt to attribute a significant portion of your medical expenses to the pre-existing condition rather than the accident, which could potentially affect the compensation you are entitled to receive. Additionally, insurance companies may conduct investigations into your medical history and argue that the accident was not the sole cause of your injuries, leading to a reduced settlement amount. Which means it’s very important to be truthful and forthcoming regarding any pre-existing conditions that could affect your claim.
Pre-existing conditions may also be considered when determining damages for pain and suffering, and insurance companies may argue that some of the pain and suffering you are experiencing is related to the pre-existing condition and not your accident.
Avoid Engaging the Insurance Company without an Attorney
An insurance adjuster might try to confuse or pressure you or talk you into signing a medical records waiver which will provide access to your entire health history, giving a recorded statement, or even admitting fault in the accident. Insurance companies frequently pressure accident victims, looking for opportunities to blame your pain and suffering on non-accident-related conditions.
Once you’ve submitted an insurance claim, the adjuster may make efforts to reduce the company’s liability. Even a simple apology for being part of an accident, even if it wasn’t your fault, could be interpreted by the adjuster as an admission of guilt and could be exploited to justify a reduction in your compensation.
Fortunately, you are never required to speak to an insurance adjuster without an attorney present.
It’s crucial to consult with an attorney who specializes in personal injury law to navigate these complexities. They can help you understand how your pre-existing condition might affect your case and work to build a strong argument to support your claim. Keep in mind that laws and regulations can vary, so it’s important to seek legal advice specific to your jurisdiction.
We’re Here for You!
At The Law Offices of Michael Clark, we have an exemplary team of lawyers and support staff who are ready to help. At the Law Offices of Michael Clark, we understand how a pre-existing condition can impact your auto accident claim and can advise you every step of the way, so you can receive the compensation you deserve! If you or a loved one have been injured in a car accident, CONTACT US Today!
If you have a medical condition, we highly advise adding Personal Injury Protection (PIP) coverage to your auto insurance. PIP is an optional coverage that can be added to your auto insurance policy and applies no matter who is at fault. If you’re in an auto accident, it can help pay for:
- Medical and hospital expenses
- Wage loss
- Loss of services
- Funeral expenses