Pre-Existing Conditions: You’re Still Entitled to Fair Compensation After a Car Crash
You’ve been injured in a car accident, but you have pre-existing conditions or injuries. Perhaps you’ve heard from the other party’s insurance company or others who have pursued compensation that your prior injury bars you from receiving anything. Insurance companies often deliver this feedback like it’s a fatal blow to your case. They expect you to back down and give up.
It’s not time to give up. It’s time to hire an attorney and fight harder. Call Reeves & Mestayer at 228-300-2754 to set up a consultation and find out what you should do next.
Pre-Existing Conditions Are More Common Than You Think
To start, pre-existing injuries aren’t that uncommon. Insurance companies may act like they’ve discovered something devastating to your claim, but the fact is that most people have been injured at some point before in their lives. Being injured at any point in your life doesn’t mean that you are never entitled to compensation in the future.
Many people have some sort of prior injury, whether from a high school sport, bad luck with genetics, or an unfortunate fall. If insurance companies never paid people with pre-existing injuries, they would almost never have to pay out on claims.
Insurance Companies Will Use Them Against You
Just because pre-existing injuries don’t automatically wreck your claim doesn’t mean that insurance companies won’t do their best to make that happen. Insurance adjusters know that many people do not know their rights after a crash, and they will absolutely use that information to their advantage.
They often deliver this “news” in an apologetic way that makes it seem like they’re on your side— “Oh my goodness, you tore your ACL in high school playing football? That must have been so painful. I’m so sorry to be the bearer of bad news, but since you have a previous knee injury, my company will not allow me to offer any compensation for your shattered kneecap. I wish I could help.” Remember—they are not on your side. Do not take advice from someone who is actively working against your best interests.
Honesty is Key
One mistake you must avoid is hiding your pre-existing injury. Many people do this, thinking that the insurance company won’t know about the injury if they never report it. This isn’t the case.
You’ll inevitably have to disclose that information to your treating physician when you’re seeking treatment for your injury, and the insurance company can get access to that information as you seek compensation. At that point, they will push even harder to get your claim dismissed.
They might say that your choice to hide your pre-existing injury is proof that you are simply trying to make them pay for an injury you suffered years ago. Tell your attorney right away about any previous injuries you have.
You Still Deserve Compensation After a Crash
You having pre-existing injuries doesn’t give other drivers a free pass to drive negligently around you. The fact is that their driving choices aggravated your pre-existing injury. That pain and suffering would not have happened had they driven more safely.
You will likely not be entitled to full compensation for all of the damage suffered in the accident—your treating physician can determine how much damage existed prior to the accident and how much was caused by the accident—but you do still deserve to be compensated for injuries caused by the crash.
If you’re considering bringing this information to the other driver’s insurance provider, save yourself some time and stress. They aren’t interested in hearing it. A personal injury attorney, however, will be ready to fight for you. They’ll analyze your accident and injury information, then devise a plan for getting the compensation you are owed.
Reach Out to Reeves & Mestayer Today
If you have been hurt in a car accident, you deserve a shot at fair and full compensation. The team at Reeves & Mestayer is here to help you as you recover. Schedule a free consultation right now by calling us at 228-300-2754 or contacting our team online. Don’t let an unethical insurance adjuster talk you out of the compensation you are owed.