I am car accident attorney Michael Ehline. I am no ordinary lawyer. As a former auto insurance agent, I will share my secrets of bodily injury claims with pre-existing conditions. The aftermath of a car crash can be overwhelming, especially if you are already suffering from a prior injury. For starters, liability insurance only covers other victims (liability insurance won’t cover the policyholder’s injuries).
You must know about comprehensive and collision coverage and understand rental reimbursement coverage to reduce the financial burden following the traumatic event. And if the person who hit you fled the scene, you’re toast unless you have uninsured motorist coverage on top of liability insurance.
Although you can claim with your health insurance company, it will want to be paid back if you get money from your lawsuit. At the end of the day, while you can tap into other coverages, your primary source of compensation would be the negligent party’s liability insurance. It isn’t easy.
Insurance Companies Blame Your Injuries Past Incidents!
What if you have pre-existing injuries from playing sports or a previous automobile crash? You will soon find that the auto liability insurance adjuster is not your friend. Dealing with injuries and auto insurance claims is impossible without a top attorney. One significant concern is how pre-existing medical conditions weaken your insurance claim and what the insurance company pays.
This guide, written by a top Los Angeles car accident attorney, helps victims deal with the auto insurance company when it blames them for at least part of the injury. As a courtesy to you, you can also call us by phone at (833) LETS-SUE to discuss your damage and share photographs of the collision scene today. We will carefully review your insurance declarations page and medical records with no upfront costs.
Understanding Pre-existing Conditions
Pre-existing conditions are medical issues or injuries you have had before the car accident. Examples range from chronic back pain and heart conditions to other previous injuries.
“Understanding pre-existing medical conditions in car insurance claims is crucial. It impacts the compensation you receive and handling of your case.” – Michael Ehline, Esq.
Some of the most common types of pre-existing injuries include the following:
- Neck pain
- Shoulder pain
- Broken bones
- Disc herniation and other types of spinal injuries
- Traumatic brain injuries.
Injuries, including arthritis, heart disease, diabetes, and fibromyalgia, are hard to treat. If you are partially at fault, comparative negligence could reduce your overall damages recovery, so it is crucial to never speak to the insurance company without an attorney.
Personal Injury Cases Involving Pre-existing Conditions in the United States: Facts and Figures!
While there aren’t exact statistics on the number of auto insurance claims involving pre-existing conditions, it’s much more common than you think.
The Department of Health and Human Services says 19% to 50% of non-elderly Americans suffer at least one pre-existing condition. That’s up to 125 million affected people on US roads!
Can I Seek Damages For Car Accident Pre-existing Conditions?
Car accidents can devastate victims with pre-existing conditions.
The Eggshell Skull Plaintiff Doctrine Explained!
People with prior injuries are more susceptible to harm in a car accident. Fortunately, the eggshell plaintiff doctrine protects such victims, holding the defendants liable for the damages.
That said, the plaintiff has the burden of proof. That means they must prove the incident resulted in the aggravation of injuries.
What type of insurance can cover damages from a car accident involving pre-existing conditions?
There are many insurance coverages. Each may affect your car accident claim. Many involve pre-existing conditions. Knowing more about the policies can help save time when seeking compensation.
For example, comprehensive coverage pays for damages caused to your vehicle due to events outside your control. These may include theft, vandalism, fire, and storm, among many others. If you file a claim against this policy, you’ll waste time, as the insurer will deny the complaint.
The negligent party’s liability insurance is your best bet for securing compensation. While you can tap into your health insurance if you don’t have money for your treatment, you must pay the medical providers back upon financial recovery.
Damages You Can Recover in a Pre-existing Condition Claim
Injured victims can seek a wide range of damages in their pre-existing condition claims, some of which include the following:
- Current and future medical expenses
- Lost wages and loss of earning potential
- Property damage, repair costs, or rental car fees
- Pain and suffering
- Reduced quality of life
- Permanent disabilities and impairments.
Valuing a personal injury claim involving a pre-existing condition can be challenging. The injured victim may be unable to seek damages for their prior injuries. Still, they can pursue compensation for the new injuries caused by the motor vehicle accident and the aggravation of their existing symptoms.
A claim often comes with a monetary compensation demand, an amount that the plaintiff calculates and deems fair. Determining the value of your pre-existing condition claim can be challenging, mainly if you’re calculating the damages arising from the aggravation of your previous injuries. Due to the complexity of such cases, it’s always best to seek skilled legal counsel.
Pre-existing Conditions and Their Impact on Auto Insurance Claims
It’s time to face the truth: an insurance company is not responsible for looking out for your best interests. This is because it’s a business run by strict management reporting to some shareholders, so protecting them is its priority.
Pre-existing Conditions Can Complicate Personal Injury Claims
When an insurance company receives a personal injury claim, it assigns the case to an adjuster, who scrutinizes it to uncover information that could lead to a denial or lower payouts. This process becomes even more challenging if your complaint concerns an accident involving a pre-existing condition.
In most cases, the insurance company will argue that the crash had nothing to do with your deteriorating health. It will quickly blame all of your medical problems on your pre-existing condition in a bid to escape liability.
Most victims quickly accept the insurer’s decision and continue to struggle with their lives without knowing they have a right to financial recovery. Proper medical evidence and legal representation are crucial in overcoming these hurdles and increasing your chances of obtaining damages.
Pre-existing Conditions Can Prolong the Legal Process
After receiving a personal injury claim involving a pre-existing condition, the insurance company will kick off the investigation. It’s not so that you receive fair compensation but to find grounds for the insurer to deny or reduce payouts.
The investigation into your case can take time. During this stage, you may communicate with the insurance company, and the insurer may request additional documents or access to your medical history. This can further prolong the entire legal process.
Pre-existing Conditions Impact Insurance Settlements?
They can. When an insurance company receives a pre-existing condition claim, it may dispute liability, arguing that the crash did not solely cause your injuries. For example, if an accident worsens your dislocated hip, the insurer will most likely blame your pain and suffering on your previous injuries.
The key here is to avoid settling the case earlier on. As the insurer builds pressure and tries to coerce you into accepting a lower settlement, you must stick to your guns.
At the same time, you must be aware of insurance companies’ tactics. They’ll keep delaying matters until the statute of limitations for the case expires, which means that you won’t be able to pursue a lawsuit anymore.
Should You Inform the Insurance Company About Your Pre-existing Conditions Following the Crash?
Medical records are crucial in a personal injury claim. Victims must argue the aggravation of pre-existing injuries. But the insurer will say the accident didn’t cause them. So, victims must provide detailed documents to avoid complications, including:
- Pre-existing conditions: The affected party must submit records of ongoing treatments, diagnoses, and consultations before the car accident.
- New injuries: If the crash resulted in new injuries, the injured victim must gather and submit medical records, diagnostic tests, treatments, and outcomes of the latest injury.
- Progression and impact: A testimony from a medical expert and family member on the progression of the injuries (pre-existing and new) and their impact on the victim’s life.
A detailed medical history timeline of the existing injuries and their progression can show that new injuries have made things worse. Although an insurance company will try to find elements to deny or reduce payouts, working with an experienced car accident lawyer can help overcome these obstacles and increase your chances of obtaining fair compensation.
If the insurance company requests access to your medical history, it may ask you to sign a form. Before you agree to such demands, discuss it with your attorney. They’ll review the documentation to identify legally binding clauses or conditions that may harm your case.
Are There Any Limits to Financial Recovery for Pre-existing Condition Claims?
When an injured victim plans to file a claim against the negligent party’s auto insurance policy, they must build a strong case and explain the evidence.
Gone are the days when a plaintiff could submit a bill generated by a treating physician and a blanket testimony that the expenses for the services provided were “reasonable.”
The court’s decisions in the Howell and Corenbaum case and the verdicts in similar lawsuits such as Corenbaum v. Lampkin, State Farm Mutual Automobile Ins. Co. v. Huff and Ochoa v. Dorado have made it difficult for plaintiffs to claim the total amount billed by medical providers.
In addition, the injured victims must also work with experts to testify on the reasonable value of medical services, as a doctor’s testimony about the reasonableness of the charges may not suffice.
When an affected party files a claim for a car accident involving a pre-existing injury, the insurance company is more likely to dispute the charges or special damages requested. This can prolong the legal process and make it challenging to obtain fair compensation.
Fortunately, injured victims can work with experienced attorneys to build a compelling case. Since they know the previous court verdicts well, they may focus on general or non-economic damages, such as pain, suffering, and mental anguish, to maximize compensation.
Can Auto Insurance Deny My Claim Because of a Pre-existing Condition?
Insurers often scrutinize medical histories with a fine-tooth comb. They could retrieve such information from an earlier claim you may have filed years ago or reach out to your healthcare provider for further details.
Sometimes, the insurance company may contact the victim to sign a medical release form to request health records. They will use distant medical histories to reduce or reject claims.
If your insurance company finds out you are trying to hide your pre-existing condition to recover more excellent compensation, it will deny payout or reject your claim. Insurers may argue certain medical expenses are unnecessary, especially when the victims hire an inexperienced attorney.
It doesn’t matter if you have a pre-existing condition or were fine before the accident; the insurer will use your information to create grounds for denial. So, you must support your case with evidence proving your case.
Pre-existing Condition vs. Pre-existing Damage: Are They the Same?
Regarding pre-existing conditions and auto insurance companies, you’ll come across the term “pre-existing damage.” While they may sound the same, both terminologies have different meanings.
Pre-existing damage refers to the condition of your motor vehicle before purchasing liability coverage. It may include all the damages you didn’t repair or the constant wear and tear.
In most cases, insurance companies do not cover pre-existing damage, as they are not liable to pay for repairing your vehicle before purchasing the coverage. They also do not have facts about the condition of your automobile to determine the claim.
While buying liability insurance that covers pre-existing damages may be possible, an insurance agent may need to inspect your vehicle, and the premiums on such policies will be pretty high. It may also make it challenging to purchase comprehensive or collision coverage.
Will the Negligent Party’s Insurance Company Pay for My Pre-existing Claim Damages?
Under personal injury law, injured victims can seek legal recourse in the form of compensation by pursuing a claim against the negligent party’s insurance company. However, since insurers may need to investigate and scrutinize the complaint, it could take time before you receive any decision.
Waiting for a financial recovery can be daunting. As medical bills pile up, you may feel pressured to settle for whatever money you can to cover your treatment. Don’t cave in, as a lower settlement would mean paying for the rest of the damages from your pocket.
You may consider tapping into your auto insurance policy to pay for the medical expenses. While liability insurance may not be of any help, many other types of coverage may reduce your financial burden, and these include the following:
- Collision coverage pays for the repair of your motor vehicle
- Rental reimbursement coverage to pay for transportation expenses while your car gets repaired
- Underinsured/uninsured motorist coverage in case the negligent party doesn’t have insurance
- Medical payments coverage to cover the medical costs incurred following the accident
What If the Insurance Company Denies Your Claim as Pre-Existing?
Whether you have an active health insurance policy or plan to tap into the negligent driver’s standard liability coverage, it’s essential to understand that insurers get the first say.
After an auto accident, the insurance company assigns the claim to an adjuster responsible for investigating the complaint. Often, the adjuster reduces damages or denies payouts to protect the company’s shareholders financially.
When the insurer denies your claim, you don’t have to accept its decision. It’s a tactic insurance companies use to avoid payouts or coerce claimants to accept lower settlements. You must fight by providing evidence of your injuries following the auto accident and medical records that may show the aggravation of your symptoms.
Although arguing with an insurer can get intense, you don’t have to sit through all that. Reach out to an experienced personal injury attorney to handle your case while you focus on recovering from your injuries.
What Is the Statute of Limitations for Personal Injury Cases Involving Pre-existing Injuries?
The statute of limitations is the deadline for pursuing civil action. It is the timeframe for victims to seek damages. Failure to adhere prevents compensation.
Under California law, the statute of limitations for car accident cases involving pre-existing injuries is the same as the time restrictions applied to automobile crashes. An injured victim has two years from the date of the traumatic incident to bring a civil action and hold the negligent party responsible for the damages caused.
The statute of limitations varies from one state to another. While California law provides two years, the rules followed in New York allow injured victims three years to pursue legal action. Affected parties should research more about the laws in their hometown or contact a skilled personal injury attorney for help.
Your Car Accident Involving Pre-Existing Conditions, What Next?
A car accident can be traumatic. The entire ordeal can turn into a nightmare after the realization of the aggravation of your previous injuries following the incident.
In such situations, it’s essential to remain calm and take specific steps, as what you choose to do next will impact the outcome of your personal injury case.
Call for Medical Help
Your health should be your number one priority. After the accident, call 911 to report the incident and have law enforcement come down to the crash site to prepare a police report to record the event.
Gather Evidence at the Crash Site
If you’re able to move around after the accident without causing any further harm to your body, you should consider gathering as much evidence as you can from the crash site.
Please speak to the other parties involved and take down their names, contact details, and insurance information to determine whether to file a personal injury claim.
Photograph the crash scene, your car, and other vehicles, including traffic and road signs. Contact witnesses and exchange info.
Seek Medical Treatment
When you’ve gathered enough evidence, wait for the emergency services to take you to a nearby hospital. Inform the doctors about the accident and your pre-existing injury so that they can evaluate, diagnose, and treat you properly.
Remember to record your hospital visitations, prescriptions, doctor’s notes, and medical bills. You will need this when filing a pre-existing condition claim.
Reach Out to an Experience Personal Injury Attorney
After your treatment, contact a skilled personal injury attorney for legal representation. Let our experienced professionals help you recover.
Must I Disclose My Pre-existing Conditions to My Lawyer?
A lack of transparency or failure to disclose such critical information does more harm than good. Think about it: if your lawyer doesn’t know about your pre-existing conditions, they may be unable to build the case accordingly. They may also fail to explain the worsening of your symptoms following the car accident. This can hurt your claim.
When Should You Work with an Experienced Personal Injury Attorney?
While liability coverage pays for the damages caused to the injured victim by the policyholder, the road to recovery is often challenging, with hurdles that can demotivate the affected party. You may consider doing it alone, but without guidance, it gets worse.
After a car accident, your priority should be your health and safety. Seek medical attention immediately, and consider hiring a skilled personal injury attorney.
Although the statute of limitations might be two years, it takes time to prepare a solid case, and your lawyer may also have other claims or lawsuits to deal with.
Another benefit of hiring an attorney early on is that they can secure the evidence. Over time, disappearing skid marks, hazy witness testimonies, and overwritten CCTV footage can dampen the case, reducing the victim’s chances of a fair settlement.
By working with a resourceful lawyer right after the accident, you are in a better position to obtain maximum compensation.
Let Ehline Law Protect Your Rights and Handle Your Pre-existing Condition Claim!
With over 3,000 satisfied clients since 2005, Ehline Law and our personal injury attorneys have recovered more than $150 million in damages, making us the right professionals to represent you legally. Our team understands pre-existing condition claims. We can help you avoid pitfalls. We will submit substantial medical evidence, calculate the damages, and negotiate maximum compensation.
Reach out to us before you buy insurance. We can help double-chCheck what your coverage pays. If you were in a traffic collision and have a pre-existing condition, we can help navigate your physical condition and fault.
Call us at (833) LETS-SUE to schedule a free consultation with an experienced Los Angeles personal injury attorney and discuss your case today!