How Insurers Use Pre-Existing Conditions To Dispute Ohio Car Crash Injury Claims
According to the Centers for Disease Control and Prevention (CDC), more than 25 percent of all adults in the U.S. suffer ongoing pain and discomfort due to prior injuries and chronic health issues. When Ohio car accidents happen, it can make these conditions much worse.
Unfortunately, it can also give insurers a reason to dispute your injury claim. Our experienced Sandusky car crash lawyers explain how a collision can impact you if you have certain pre-existing conditions and the tactics insurance representatives often use to downplay and deny compensation.
Common Pre-Existing Conditions Insurers Use Against Ohio Car Crash Victims
Being involved in any type of car crash in Ohio can worsen pre-existing conditions and exacerbate active pain, causing more severe symptoms, loss of mobility, and the need for surgery or other treatments that would otherwise not have been required. When other motorists are at fault, you have the right to hold them liable.
Ohio requires all drivers to maintain a minimum amount of coverage, but insurers are quick to deny and dispute claims. Common types of pre-existing conditions they are likely to use against you include:
- Degenerative disc disease, a common age-related condition affecting the spine;
- Prior back or neck injuries from past accidents, falls, or surgeries.
- Arthritis in the spine, hips, knees, or shoulders;
- Prior concussions or traumatic brain injuries;
- Anxiety, depression, or post-traumatic stress disorder;
- Osteoporosis or reduced bone density.
Ohio’s eggshell plaintiff rule applies in these cases. It helps prevent at-fault drivers from using a victim’s prior medical history against them when a Sandusky car crash occurs.
How Insurers Use Pre-Existing Conditions To Reduce What They Pay
Insurance companies request access to your medical history soon after an Ohio car crash, with the goal of finding pre-existing conditions or other evidence they can use to dispute your injury claim. Tactics they frequently employ include:
- Blaming your current pain on your prior condition rather than the crash, even though your symptoms dramatically worsened.
- Requesting access to your full medical history to find unrelated health issues they can use to cast doubt on your claim.
- Sending you to a doctor hired by the insurance company, whose job is to minimize your injuries or connect them to your prior condition instead of the crash.
- Pressuring you to settle quickly, before your own doctor has finished evaluating how much the crash actually set you back.
The best way to protect yourself is to build a clear medical record that shows what your condition looked like before the crash and how it changed afterward.
Contact Our Experienced Sandusky Car Crash Lawyers
Insurers look for pre-existing conditions to deny or diminish Ohio car crash claims. Our experienced Sandusky car crash lawyers help clients in these cases. You can count on us to protect your rights, counter insurer arguments, and fight for the full compensation you are owed.
To request a consultation, contact Murray & Murray today. We provide trusted legal representation to clients throughout Sandusky, Ohio, and the surrounding areas.
Sources:
cdc.gov/mmwr/volumes/72/wr/mm7215a1.htm
codes.ohio.gov/ohio-revised-code/section-4509.51
supremecourt.ohio.gov/rod/docs/pdf/12/2021/2021-Ohio-34.pdf