How Do Pre-Existing Conditions Affect Car Accident Claims?
After you’re involved in an accident, you’ll have several discussions with insurance adjusters who will investigate your claim. Among the tasks they will perform is determining the legitimacy of your injuries. They may attempt to deny your injury claim if your claimed injuries were not actually the result of the accident, and were instead a pre-existing condition.
In an accident case, a pre-existing condition is just what it sounds like—an injury or condition that you had previously sustained.
Wil an adjuster automatically deny a claim if there’s a pre-existing condition?
Just because you have a pre-existing condition does not necessarily mean your claim is sunk. The only scenarios in which you could expect your claim to be denied due to a pre-existing condition is if the accident did not result in you having any new or different symptoms, or if the accident did not cause the worsening of any symptoms or conditions you were already experiencing.
You will stand a better chance at succeeding in your case if you are able to have a doctor testify as to your condition before and after the accident, and specifically how any pre-existing conditions you had were worsened as a result of the accident. There may be some diagnostic tests required for doctors to accurately come to this determination, but it is worth it if it’s the difference between you recovering compensation for your losses or having your claim denied.
It is important you tell your doctors and insurance company up front if you had a pre-existing condition that could play a role in your case. For more information about how best to proceed with your personal injury claim if you’ve been injured in an accident caused by someone else’s negligence, contact an experienced personal injury lawyer at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia LLP.