Why Insurers Cite To Pre-Existing Conditions to Lowball Missouri Car Accident Settlement Offers

Insurers cite pre-existing conditions in car accident claims primarily to reduce the amount of money they have to pay you. Here's a deeper dive into why they do this and how to counter their arguments:

Insurer's Strategy:

  • Limiting Liability: By claiming your injuries are linked to a pre-existing condition, they can argue that the accident only aggravated a pre-existing issue, not causing the problem entirely. This reduces their financial responsibility for your medical care.

  • Lower Compensation: If they can establish a connection between your pre-existing condition and your current injuries, they might offer a lower settlement, covering only the accident's direct impact on the pre-existing condition.

How Insurers Might Use Pre-Existing Conditions:

  • Medical Record Review: They will closely examine your medical records to find evidence of pre-existing conditions relevant to your injuries.
  • Downplaying Accident's Impact: They might downplay the severity of the accident itself, arguing it only caused a minor worsening of your pre-existing condition.

Protecting Yourself:

  • Gather Documentation: Collect medical records specifically related to the accident and your current injuries. This helps establish a clear connection between the accident and your suffering.
  • Doctor's Statement: A clear statement from your doctor outlining how the accident directly caused your injuries and how it worsened (if applicable) your pre-existing condition strengthens your case.
  • Don't Discuss Pre-Existing Conditions: Unless directly asked, avoid mentioning pre-existing conditions when talking to the insurance company.
  • Consider Legal Counsel: An experienced personal injury lawyer can analyze your situation, fight for fair compensation, and counter the insurance company's arguments regarding pre-existing conditions. They can:
    • Negotiate with the insurer using medical evidence to demonstrate the accident's role in your injuries.
    • If necessary, challenge the insurer's claim that a pre-existing condition significantly contributed to your damages.

Important to Remember:

  • Pre-Existing Conditions Don't Bar Claims: Having a pre-existing condition doesn't automatically disqualify you from receiving compensation. You can still claim for the injuries directly caused by the accident and the worsening of your pre-existing condition due to the accident.
  • Burden of Proof: The insurance company has the burden of proving that your pre-existing condition significantly contributed to your current injuries.

By being prepared with documentation, potentially seeking legal guidance, and understanding your rights, you can counter the tactic of insurers citing pre-existing conditions and ensure you receive fair compensation for your car accident claim.

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