It’s normal to feel very overwhelmed after being injured in an accident. You may find yourself in a lot of pain and discomfort, temporarily unable to work, and buried beneath a pile of medical bills. Therefore, it may be extremely tempting to do whatever you can to receive the money that you deserve. Unfortunately, many insurance companies are aware of this and will try to use it to their advantage. Insurance adjusters will often ask for copies of all of your medical records, saying that they are necessary to verify the injuries you’ve suffered. However, there is often another reason for this request.
Other Reasons for Obtaining Your Records
Insurance companies do need to confirm that you have actually suffered the injuries you’ve claimed. However, insurance adjusters will often look through your medical records for any information that can be used against your current claim. In other words, they will closely look over your medical history and try to find previous injuries or accidents that could explain your current injuries. For example, if you suffered a back injury in a previous accident seven years ago but are now claiming a back injury as a result of a car accident, it’s likely that the insurance company will try to pin your current back pain on your previous back injury. That way, the insurance company can try to devalue your claim or deny it altogether.
Do not get discouraged if your insurance company tells you that you are not entitled to benefits because of a pre-existing condition. This is a common insurance company tactic. By pointing to previous injuries/accidents, insurers try to argue that you are not entitled to the compensation that you have requested – or at least that you are not entitled to as much compensation. Unfortunately, it’s unlikely that you’ll be able to prevent your insurer from obtaining your previous medical records. That’s because your prior medical history is relevant in any personal injury claim/lawsuit. The good news is that the law recognizes that pre-existing conditions typically make a person more susceptible to trauma. See Model Civil Jury Instruction 50.10. So, under Michigan law, you will still be entitled to compensation if your previous injury is aggravated by a recent motor vehicle accident. Therefore, it is always best to be truthful and honest regarding any pre-existing medical conditions.
The Attorneys at Miller & Tischler, P.C. Can Help
Unfortunately, many insurance companies will try to take advantage of your lack of knowledge of the law when working with them. It’s extremely important that you speak with a qualified personal injury attorney if your insurance company has denied payment of benefits because of any pre-existing medical conditions. Attorneys have the knowledge and experience necessary to deal with this insurance tactic.
If you or a loved one has been injured in an accident, you should not have to be bear the burden alone. When you are already dealing with so much, the last thing that you want to do is to have to worry about speaking with an insurance company and tackling the legalities of your situation. The Michigan personal injury attorneys at Miller & Tischler, P.C. will fight for the compensation that you deserve. We understand the seriousness of your injury and the physical, emotional, and financial hardships that you have endured and will continue to endure. We will gather the necessary evidence and build a case to help you receive the most optimal outcome. We’ll help you fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!