In reviewing an auto accident claim, the insurance company will delve deep into your medical history. If you have a pre-existing condition, the company could attempt to minimize your claim based on it. Fortunately, you can still win your claim for the injuries that you suffered in the car accident. Here are some tips to help your claim.
Prove the Other Driver Is Liable
The first step you should take in filing your claim is proving that the other driver is liable. Doing this means showing that his or her actions led to the car accident in which you were injured. To accomplish your goal, you need to show that the other driver had a responsibility to drive with care and that he or she failed to do so.
You can show a duty of care by referring to your state's traffic laws. To prove he or she did not follow the laws, you could rely on witness statements, videos, and the police report. If you have other evidence, provide it to your attorney.
Show Evidence of Your New Injuries
Once you have tied the responsibility for the accident to the other driver, you now need to prove that the injuries you are claiming are tied to the accident. If your new injuries are different from your prior injuries, providing your medical records will likely be enough.
However, if you are claiming that your prior injuries were aggravated by the car accident, you might have to go a step further to prove your case. An explanation from your doctor could help. He or she can explain your prior condition and how the accident exacerbates your symptoms. He or she can also compare treatment and diagnostic measures that were taken before and following the accident to point out the impact of the accident on your health.
Wait on Your Attorney
In the rush to settle your claim, you might be tempted to offer cooperation to the insurance adjuster without first consulting with your attorney. This could be a mistake. The adjuster's job is to minimize or deny a reward in your claim. Your attorney can help keep your claim on track.
For instance, your attorney could limit the access that the insurance company has to your medical records. This could help prevent unfair comparisons of your pre-existing condition to your new injuries. By retaining control over the evidence that is shared with the insurance adjuster, your attorney has a better chance of negotiating a fair settlement. Talk with an attorney like those at Banker Law Group for more information.