Can the Insurance company deny me a car accident settlement because of prior injuries? | Insurance Tactics
If you have any prior injuries from before your car accident the insurance company loves to use it against you!
Insurance adjusters love to bring up the fact that you had prior injuries from before your car accident and therefore they cannot compensate you for your injuries. They will say things like “Well you had a back injury and/or went into a Doctor for your back 5 years ago so we can’t pay anything on your back” OR “Well if you played a lot of sports growing up, your knees were probably already injured so we can’t compensate you!”
THIS IS NOT TRUE!
Insurance companies need to pay car accident victims for any new and/or reaggravated injuries that were caused by the car accident. So, if you hurt your back 5 years before your accident, it is important to find documented records that show what specific injuries you had and what your pain levels were at the time you were released. For example, maybe you had a 3mm herniation in your back before the accident BUT now you have a 6mm herniation in your back after the accident. The insurance company is responsible for the increase of your injuries, as well as the pain and treatment that comes with it.
If you work with a good Lawyer, they will know how to properly paint the picture of what your injuries were before the accident and what they are now. It is extremely important you have good representation on your side for a case like this because there are many different strategic approaches to take in order to get your medical treatment paid for and to get the highest possible settlement.
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