How do insurance companies know about pre-existing conditions?
anderson injury attorneys | August 19, 2015 | car accidents
If you’ve been injured in a car accident and filed a claim, you may be surprised when the insurance company denies you coverage because of “pre-existing conditions.” This is especially true if he didn’t tell the insurance company about past injuries or if his previous injury had nothing to do with the accident.
we’ll start with an example
let’s use the example of jack and samantha. Samantha had shoulder surgery years ago, but the problem has been fixed and she has been problem-free for years. One day, Samantha is driving her car when Jack rear-ends her, causing another shoulder injury.
samantha files a claim against jack’s insurance (he caused the accident, so he is responsible for paying her damages and injuries).
They want to give you only a small fraction of what you need to pay for the medical bills incurred from the accident. your reasoning? “Your shoulder was already hurt before this. the accident did not cause the injury.”
Samantha knows the two injuries are unrelated, but how can she prove this to the insurance company? And how did they find out about her old shoulder injury in the first place?
Did you sign a medical statement?
At my company, this is one of the most common mistakes I see accident victims make: They authorize the insurance company to access past medical records. sometimes people do it without even realizing it.
Insurers are very good at making you feel like they care about what’s best for you. you may be asked to sign a “general release” without really explaining the implications.
They will tell you that they need to know about your injuries in the accident and how they treated you in order to reimburse you, so when they ask for a medical release form, it will seem reasonable.
The insurers then use your permission to snoop through old records and look for anything they can use against you. if you have a pre-existing condition, they will try to deny your claim on the grounds that you were already injured and your insured had nothing to do with it.
Did you mention previous injuries on your intake form?
During the admissions process, you’ll need to fill out tedious paperwork and answer a lot of questions. it may not even occur to you that the insurance company is doing a background check on you during this process.
Similarly, you may not remember answering a question about previous injuries.
even so, you may have advised the insurance company on your intake form. You don’t necessarily have to say anything directly, either simply hinting at a previous injury is enough to get the insurance company going.
If the insurance company suddenly finds out about a pre-existing condition, you may have accidentally told them yourself.
If you are concerned about your privacy rights, you should contact your attorney. If you need help in the Fort Worth area, call Anderson Injury Lawyers for a free consultation.
Contact Our Texas Car Accident Law Firm
If you’ve been injured in an accident in Fort Worth or Dallas and need legal help, contact our car accident attorneys at Anderson Injury Lawyers to schedule a free consultation.
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