auto claims car accidents

How Can My Pre-Existing Condition Hurt My Car Accident Claim?

Insurance companies will try their best to avoid paying you for the damages that you have endured as a result of another’s negligence. They will thoroughly investigate if you have had any pre-existing conditions prior to having your car accident.

Personal Injury and Pre-Existing Conditions

If you do have pre-existing conditions, the insurance companies will most likely use this to their advantage to either try to not pay you or reduce the amount that you are entitled to recover. They will find out whether your existing condition affects your life on a day to day basis as a defense tactic.

Past Injuries and Car Accident Claims

at fault car accidentHaving have dealt with numerous people who have had a prior condition or sustained an injury from another car accident that is almost always used against them when they file a car accident claim. Your previous injuries may not even be affecting your current life.

You may have fully recovered from the injuries you sustained in the past but the insurance adjusters will still use the fact that you had an injury to their advantage, and even more so if the injury was in the same location as your current one.

The compensation you receive for your damages is determined by the way your attorney handles your injury case. It is in your best interest that you talk to an attorney and not manage to negotiate with an adjuster yourself.

Tips to Follow When you Have Had a Pre-Existing Injury or Condition

If you have endured an injury in the past, we advise you not to talk to insurance company adjusters. Following steps to take to protect your current claim:

  • Make sure that your physician is able to document how the injuries you sustained were from your most recent accident and not from a previous one.
  • Provide all details to your lawyer of your prior injuries, and medical history that could affect a current car claim because they are required to know everything before filing a car accident claim.
  • Do not give the insurance company ALL of your past medical history and description of your injuries. They are only entitled to the last 5 years and the medical history that they acquire must be relevant to your current injuries. They cannot request the medical history of your eyes when you sustained an injury on your leg.

A California Personal Injury Attorney for Your Car Accident Claim

When you decide to file a car accident injury claim and have had a previous injury, your best bet would be to have a lawyer that will fight for you and deal with the insurance companies and adjusters.

Benjamin Drake has helped many clients with prior injuries win compensation. Drake Law Firm specializes in by representing injured from car accidents throughout California.

Talk to Benjamin Drake assess your case and help guide you through this difficult moment in your life. We understand your pain and are here for your moral support. Call me today for your free consultation 844 51-DRAKE