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Kissimmee Injury Lawyer > Blog > Auto Accident > How Pre-existing Conditions Might Affect Your Auto Accident Claim

How Pre-existing Conditions Might Affect Your Auto Accident Claim


Pre-existing conditions have become a household expression over the past decade. This is, in part, because pre-existing conditions have been the subject of a lot of political debate and commentary. When most people think about the term, they likely think about health insurance and the right to be covered for medical care even when related to an existing medical problem – something that was there before the individual got the insurance. But when it comes to auto accidents, pre-existing medical conditions take on a completely different meaning.

Even the best auto accident lawyers in Kissimmee, Florida realize that auto accident cases can be much more complicated when the victim has a prior injury or medical condition from before the accident. Here is how these pre-existing conditions can impact your auto accident claim.

No Protections for Pre-existing Conditions 

Most people are aware that under the Affordable Care Act (ACA), when a person has pre-existing medical conditions, healthcare plans currently are required to extend coverage for treatments that relate to those medical problems. This may lead some to think the same applies to all forms of insurance, but it does not. Auto insurance carriers may legally decline to pay for your medical bills, pain and suffering, or lost wages if there is solid evidence that the injuries you are claiming were actually pre-existing. But how does that work, exactly?

Applying Logic to Pre-existing Conditions 

Auto insurance companies will look for any evidence of a prior medical problem. If you hurt your back in a car accident, the insurance company will aggressively search your medical records, public social media pages, or even information from insurance databases, all with the hope of finding something that they can use to deny your claim. Thus, it is very important to hire an experienced personal injury lawyer near you who can work to fight back against abusive insurance practices.

Understanding Where the Information Comes From 

As explained by the National Conference of State Legislators (NCSL), insurance carriers throughout the country use something called “all-payer claims databases.” In recent years, the trend has involved states allowing insurance companies to harvest personal health information and data about patients, and reuse the data for other purposes, from setting insurance rates to denying claims. Consider how this works.

Say you had a back injury 15 years ago, and today you are involved in a car accident. Your back hurts. You go to the hospital, get an MRI, and discover you have a herniated disc in your lumbar spine. You file a claim with the insurance company, seeking to have your medical bills paid, only to be denied. The insurance company, in denying your claim, informs you that their internal review uncovered the fact that you had a pre-existing back injury. For that reason, the insurance company considers your injury ‘unrelated.’

Get Aggressive Representation Today

If you or a loved one are involved in a motor vehicle accident, you deserve to be treated fairly and have your injuries compensated. Call the Kissimmee auto accident lawyers at the Draper Law Office, and schedule your free consultation today.




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