When The Preexisting Condition Issue Pops Up After Your Accident

Posted on

Dealing with a car accident case could get more complex if you were previously hurt in another accident or suffered from certain medical conditions. However, making the right moves should quell this issue quickly. Read and find out more.

It's a Strategy

When you are the victim of a careless driver and they are insured, you might learn how little you can count on the other driver's insurance. After all, you are not their client, and they are a for-profit business. If they didn't do everything possible to prevent paying claims, they might go out of business. You can encounter their reluctance to pay you what you are owed every step of the way after an accident. However, some accident victims are blindsided when the other driver's insurer asks for permission to access their past medical records.

Seek Help Immediately

If you don't already have a personal injury lawyer, this is a sign that you should speak to one right away. When the other side requests your medical records, it means they are considering using a previous medical issue to defray what they must pay you. For example, if they learn that you have been treated for a back injury last year, they might try to say that your medical situation is caused by that medical issue and not the most recent accident.

While this is a troubling request, you are under no obligation to provide access to your medical records to anyone, including the other driver's insurer. In many cases, the allegations cannot be proven unless you give them access. Your personal injury attorney will advise you not to provide them with the means to cause problems with the case.

However, the fact that the other side is making such allegations could prove to be problematic in the future. Allegations of this manner are a sign that the insurer is trying to avoid paying you what you deserve. You might expect them to also question your medical treatment costs as well.

If you have already provided the other side with access to your records, you accidentally revealed a previous surgery to the other insurer, or they have performed an investigation and turned up evidence of a preexisting condition, take your case to a lawyer. Your lawyer will draw a firm line between previous injuries and conditions and your accident injuries. Don't give up just because the other side is making things difficult. Speak to a car accident lawyer to find out more.