Auto Insurance Claims: Auto Accident, neck muscle strain, spine area
QuestionI was involved in an auto accident (was rear ended pretty badly) in FL 3 weeks ago. The other persons insurance is accepting full liability (they pay 20%) and my insurance will pick up the 80%. When I gave my recorded statement, I told them I had no other injuries in the past because at the time I was only worried about my left leg and forehead (the main things that were injured in this wreck). I followed up with my doctor a week ago and found out that some bones in my spine had shifted causing me some more neck pain. I have had a back/neck muscle strain approx. 3 years ago in a work comp. claim (which I didn't mention b/c I didn't even really think I injured my back nor did I believe it was a big injury). Can my claim be denied based upon me having that injury years ago - and now be needing physical therapy for my neck/back/spine area?
AnswerHi Tiffani,
They should not deny the claim outright, but, they may try to reduce the amount they will have to pay since this is an exaserbation of a pre-existing condition and not a totally new injury caused solely by the collision. Your doctor will be best suited to write a clear report indicating the severity of the injury caused by the collision.
I hope this helps
Richard Hixenbaugh