How Pre-Existing Conditions Affect Car Accident Injury Claims
Car accidents can be physically devastating, especially if you already live with a medical condition. Insurance companies often scrutinize injury claims when the victim has a pre-existing condition, but that doesn’t mean you can’t recover compensation. Understanding how prior injuries or health issues interact with new accident-related injuries is crucial to protecting your rights.
If a car accident worsens your pre-existing condition, the at-fault party can still be held responsible for the aggravated harm, even if you were more vulnerable than the average person.
What Counts as a Pre-Existing Condition?
A pre-existing condition is any medical issue you had before the accident. This can include:
- Back or neck injuries.
- Arthritis or joint problems.
- Previous concussions or traumatic brain injuries.
- Chronic illnesses like diabetes or heart conditions.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance adjusters are trained to minimize payouts, and one of their favorite strategies is exploiting pre-existing conditions. If they can argue your injuries existed before the crash, they can attempt to reduce or even deny your claim. Here are some common tactics to watch out for:
- Blaming all symptoms on the old injury. Adjusters may argue that your pain, mobility issues, or other symptoms are just a continuation of your old condition, not caused by the car accident. For example, if you had back problems before, they might claim your current pain is unrelated to the crash.
- Requesting broad medical records. Insurers often ask for extensive access to your medical history. Sometimes they may even go back decades. They may try to use any prior injury, surgery, or treatment to suggest your condition was already severe and unaffected by the accident.
- Using Independent Medical Examinations (IMEs). Insurance companies sometimes require you to see their “independent” doctor. These doctors are often aligned with the insurer and may produce reports stating that your injuries were not caused or worsened by the accident.
- Delaying or denying claims. Adjusters know that medical bills and lost wages create financial stress. By disputing your injuries or dragging out the process, they hope you’ll accept a low settlement out of desperation.
Proving Aggravation of an Existing Condition
To succeed in your claim, you must show that the accident worsened your condition. Evidence may include:
- Medical records showing changes before and after the crash.
- Expert testimony from doctors.
- Diagnostic imaging (MRIs, X-rays) proving new damage.
Thorough medical records are essential. An experienced car accident attorney can push back against insurance tactics and secure compensation for both new and aggravated injuries.
Contact a Personal Injury Lawyer
A pre-existing medical condition can impact various forms of insurance, including claims against your auto insurance. You can bet that the insurance company will heavily scrutinize your claim.
A Houston car accident attorney from The West Law Office, PLLC can help you deal with the insurance company after a crash. We will work to get you the compensation you deserve. To schedule a consultation with our office, call (281) 347-3247 or fill out the online form.
Source:
healthinsurance.org/glossary/pre-existing-condition/