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My car accident claim injury was denied because of my pre-existing injury. Do I have any recourse?

 

A:

 

Insurance adjusters often attempt to deny car accident claims or settle claims for a lower amount than a claim is worth. They will use anything you say and do against you in order to save their company money. One way they do this is to start asking you questions about your medical history.

They realize that most people have sustained some type of injury or have experienced some sort of back and neck pain over the years. If they get you to admit to an injury, or say you have experienced pain before the collision, they will attempt to deny your claim on the grounds of a pre-existing condition. Whether you had a serious injury that required surgery, or if you experienced pain in a similar part of your body that was injured in the crash, insurance adjusters will allege that your injuries are a result of a prior medical condition and were not caused in the collision.

Sadly, insurers use common tactics like this to get people to stop pursuing their claims. Just because they denied your claim doesn’t mean that you don’t still have a valid claim. Unfortunately, some insurance companies have been known to deny claims in bad faith, hoping to save some money. Before you give up on pursuing your claim for damages, you should meet with a lawyer who has represented injured car accident victims with pre-existing conditions.

For help proving a car crash aggravated your prior injuries, please call us for a free consultation or read our other articles and blogs on this topic. We also invite you to download a free copy of our book, What You Need to Know After a Florida Auto, Truck, or Bike Accident.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney