Can a Pre-Existing Condition Affect My Car Accident Claim?

January 30, 2012

If you have suffered a serious personal injury in a car accident, the other driver’s insurance company – along with their lawyers – will do everything possible to minimize the compensation they pay out to you. One of the ways insurance companies attempt to do this is by examining your medical records for pre-existing conditions that could explain away your recent car accident injuries.

For example, if you injured your neck five years ago, any type of neck injury you suffered during your car accident might be dismissed or downplayed by the opposing party, with the excuse that your accident only “aggravated” the pre-existing condition. An insurance company would then use this excuse to justify offering you an inadequate settlement.

The law specifically allows for aggravation of pre-existing conditions in a car accident case. Defendants are still responsible for any injury they have caused. If you have a pre-existing injury or condition, this shouldn’t prevent you from receiving the compensation you deserve for your current injury. The burden of proof is on the opposing party: they must prove that a casual relationship exists between your earlier condition, and the injuries you received during the accident.

If these accusations arise during your car accident case, our experienced Allentown car accident attorneys can help you fight them, always pursuing the full amount of compensation you are entitled to.

Please contact us today to schedule a free case evaluation. Wapner Newman represents car accident victims throughout Pennsylvania and New Jersey, with offices in Allentown, Philadelphia, West Conshohocken, and Marlton.