Generally yes, but not in the way you might think.
Almost always all types of medical documentation will be required after you file a car crash claim. This is not just for the insurance company to evaluate your claim but also to determine if the injuries you sustained in the accident were caused by pre-existing conditions or not.
The insurance company for the other driver will often try to reduce the amount they pay by making sure that as many of your injuries are “pre-existing” as possible. This becomes more complicated when you consider that pre-existing conditions may be made worse in the event of a car accident. Are you eligible to receive compensation for pre-existing conditions if they’ve been made worse?
What Are Pre-Existing Conditions?
- A pre-existing condition refers to any condition or injury that someone had before they were involved in an accident.
- This could also include a variety of conditions, from chronic illness to injuries sustained before the accident.
- In order to receive compensation, you will need to inform the other driver’s insurer if you have pre-existing conditions. This does not mean you cannot recover compensation for expenses related your pre-existing condition. In fact, sometimes it can work in your favor.
Pre-existing Conditions are often made worse by ar accidents
You may be eligible for compensation if you can prove that the car accident caused an aggravation of a pre-existing condition or impeded recovery.
The insurance of the at-fault driver does not have the obligation to pay for any treatment that you would have required if the accident had not happened. However, they are responsible for paying for any treatment you do not need as a result. For this reason if you can prove through medical records that your condition has worsened as a result of the collision you can be compensated for it by filing a personal injury case.
With an estimated 43% of household in the US having pre-existing conditions personal injury claims that involve an aggravated injury are among the most common cases.
For Example
If you take prescription pain medication for a bad spine and the accident worsened it, you might be eligible to receive damages from the insurance company for physical therapy.
Legal Theory of the Eggshell Plaintiff
Sometimes, an individual’s pre-existing condition can make them more vulnerable to being injured in an accident. But, this doesn’t make the victim less eligible for compensation. The “eggshell plaintiff” legal theory states that defendants must accept plaintiffs as they are. They cannot use plaintiff’s previous conditions in injury attribution. California’s laws requires that juries consider the victim as the at-fault party if they decide to bring the case to trial.
To be treated properly and compensated for any injuries, it is important that you explain to your medical and legal team what happened before and after the accident. As a way to limit financial exposure, insurers train adjusters not to place any blame on past injuries. You are more likely to receive proper treatment and a fair settlement if you can be honest about your pre-accident condition.
Summarized from an article by Trial Lawyers Freeman & Freeman.
