Pre-existing injuries: One of the primary reasons auto insurance companies limit their offer resolve your bodily injury claim.

By otmseo on February 20, 2020

In 2013, Alice was in a motor vehicle accident where she sustained a herniated disc in her lower back. The accident was caused by John, who was insured by Green Lizard Insurance Co. She settled her bodily injury claim with Green Lizard Insurance Co. in 2015 for $50,000.00. From 2015 to 2019, Alice was not experiencing any symptoms in her lower back and never treated with a doctor during that time period. Unfortunately for Alice, she was involved in another motor vehicle accident in January of 2020. This accident was caused by Paul who was insured by AllCountry Insurance Co. As a result of the subsequent accident, Alice’s lower back symptoms returned, and Alice required more treatment for her lower back. 

What will AllCountry argue about her lower back injury? AllCountry will argue that her lower back symptoms were caused by the 2013 accident and NOT by the accident in January of 2020. Therefore, AllCountry will substantially decrease their settlement offer based on the prior accident in 2013. 

This situation is extremely common among those injured in a motor vehicle accident. If there is any evidence of pre-accident pain or treatment to the affected body part, the insurance carrier will find it and use it against you. Without the assistance of a skilled and experienced personal injury attorney to fight these claims, you will be at the insurance company’s peril. Call Serrantino Law today to discuss your case and get the compensation you deserve!

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