Is an accident a pre-existing condition?
Is an accident a pre-existing condition?
Under California law, the victim of a personal injury accident is not allowed to recover compensation for any injuries that pre-existed the accident. However, they are entitled to compensation for exacerbation of or an increase to their prior injuries.
Can spinal stenosis be aggravated by car accident?
Car accidents can cause structural injuries in the spine that lead to immediate spinal stenosis, or even the risk of spinal stenosis that develops over time because of degeneration.
Can a car accident worsen degenerative disc disease?
While a car accident cannot cause degenerative disk disease, it can worsen the symptoms of this condition. A plaintiff with degenerative disk disease may be able to seek compensation for the exacerbation of this condition after an auto accident.
What is considered a covered accident?
Covered Accident means an accident that occurs while coverage is in force for you and results directly and independently of all other causes in a loss or Injury covered by the Policy for which benefits are payable. The Injury must be caused solely through external, violent and accidental means.
When does an accident aggravate a pre-existing condition?
Sometimes an injured claimant’s pre-existing condition does cause them to have some symptoms or treatment before the accident, but the accident has aggravated their condition and made it worse, and required them to have more and different treatment.
Why are people reluctant to claim for pre-existing injuries?
With particular reference to pre-existing health conditions, people who have had their situation worsened by an accident that was not their fault often feel reluctant to claim due to being embarrassed.
How can I show pre-existing injury in a car accident?
In order to show the condition of your pre-existing injury before the accident and how it was worsened by the crash, you will need to provide your past medical records to the insurance company. However, the insurer is not entitled to all of your past medical records.
When do insurance companies ask about your pre-existing conditions?
If you are injured in an accident and make a claim, the insurance companies always make a big deal out of your prior medical history and any pre-existing medical conditions. If they can get you to give a recorded statement, the insurance companies always, always, ask about your prior medical history and any prior injuries or health problems.
Sometimes an injured claimant’s pre-existing condition does cause them to have some symptoms or treatment before the accident, but the accident has aggravated their condition and made it worse, and required them to have more and different treatment.
With particular reference to pre-existing health conditions, people who have had their situation worsened by an accident that was not their fault often feel reluctant to claim due to being embarrassed.
Can a insurance carrier pay for a pre-existing injury?
Some states have laws that force an insurance carrier to pay for damage from pre-existing injuries. Once certain types of damage have occurred to the body, it is then prone to successive injury in the future.
When to claim compensation for a worsened pre-existing condition?
When claiming compensation for a worsened pre-existing health condition or injury, it can be a little more complex when it comes to evaluating the level of compensation settlement you should expect to receive.