In the aftermath of a car accident, you may feel dread wash over you as you realize that your old injury seems to be acting up. It was so hard to recover from that injury when it happened. Now, you may be right back to where you started—or worse!
You may also wonder about what kind of compensation, if any, you can expect from your car insurance. Does Michigan’s no-fault car insurance cover pre-existing conditions? The answer: It’s complicated.
In principle, your auto insurance coverage should pay for any medical expenses directly related to the crash. Pre-existing conditions are included here, but only to the extent that the car accident made your symptoms worse, and required you to undergo additional medical care that you wouldn’t have needed otherwise.
Arguing these types of cases can be very difficult, since the insurance company will often try to claim that your medical needs are due to your pre-existing condition and not the car crash. Accident victims should call an experienced personal injury lawyer to help with their insurance claim. Your lawyer will know the best course of action to help you recover compensation for your injuries.
Pre-Existing Conditions and Michigan’s No-Fault Insurance
Many people have medical challenges that they have to live with daily. These can include old sports injuries, physical degeneration due to aging, mental health issues, chronic diseases like diabetes, and more.
Your Michigan car insurance will not pay for any care you were already receiving for a pre-existing condition, such as physical therapy or medication. It also won’t pay for future care that you would have likely required even if you weren’t involved in the crash.
However, car accidents can aggravate many conditions. For example:
- Existing spinal problems, like degenerative disc disease or a slipped disc, make you very susceptible to more severe back injuries common in car accidents.
- Mental health conditions can easily worsen following the trauma of a car crash.
- A history of concussions make you more vulnerable to additional traumatic brain injuries (TBIs).
If your car accident aggravated your pre-existing condition, then your insurance should cover the medical bills that are related to the accident. For example, if you need additional surgery and/or physical therapy due to complications with your pre-existing injury, those should be covered.
Michigan’s no-fault car insurance means that even if you are a victim of someone else’s negligence while driving, your own car insurance company covers your accident expenses. However, this does not mean the insurance company is on your side. They are trying to pay out as little as possible, and may try to argue that your medical records prove that the accident did not cause your injuries.
RELATED: Can You Sue a Driver in Michigan for an Accident?
Proving Your Pre-Existing Condition was Aggravated
If you have a previous injury that becomes worse due to a car accident, one of the most important things you can do is seek medical attention immediately following the accident. These medical records are incredibly important to proving that your pre-existing condition was worsened or aggravated by the accident.
You should also know that your insurance company may try to get you to admit that your pre-existing condition wasn’t changed, or that you aren’t really sure if it is worse now. They know all the tricks to make you doubt yourself, and how to get you to make an official statement that casts doubt on your personal injury claim.
One of the best things you can do is to hire an experienced personal injury lawyer, who can talk to the insurance company on your behalf. Using your medical history, they will establish the extent of your medical condition prior to the car crash, and build a clear case to show how the accident made your pre-existing conditions worse.
Medical professionals can be vital to proving the extent of your car accident injuries. Talk to a physician about what kinds of activities you participated in before the crash, what level of care you received for your pre-existing condition, what kind of range of motion you had in limb with a pre-existing injury, etc. Then describe how that was changed following the accident.
Follow your doctor’s recommendations and treatment plan as closely as you can. These medical records can be very persuasive in pre-existing condition personal injury cases.
RELATED: Who To Call First After An Auto Accident
Never Try to Hide (or Lie About) a Pre-Existing Condition
If you’re worried that a pre-existing condition might make your car accident claim more complicated, you may be tempted to hide it from your insurance company.
Don’t do it.
One of the absolute worst things you can do in any personal injury case is lose your credibility. When the car insurance adjuster investigates your claim, they will almost certainly find your medical history and discover evidence of your pre-existing conditions. If you tried to hide this information, it will look very suspicious—and maybe even fraudulent.
Similarly, if a car accident aggravated a pre-existing injury, it can be tempting to try to exaggerate your symptoms in order to make the change in condition as large and obvious as possible. This is also unwise, for the same reason.
Understand that pre-existing conditions are extremely common for car accident victims. Millions of Americans have a history of back pain, sports, injuries, and other conditions.
Experienced personal injury attorneys handle cases like these all the time. They can advise you on how and when to bring up information about your prior injury, in a way that does not harm your case. The best way to help yourself is by being completely honest with your attorney.
Let Us Help You Out
When a car accident worsens your pre-existing medical condition, you may be very worried about receiving compensation for your medical expenses. Previous injuries can easily be exacerbated by even a low-speed crash, especially back and neck injuries.
At CBH Attorneys & Counselors, we handle car accident cases like this every day. Our team knows how to take on the insurance companies when they try to argue liability due to an accident victim’s pre-existing condition. The legal process can be long and stressful, so let us help you out while you focus on recovery.
Since no two accidents are the same, we offer a free legal consultation to talk about the best options for your case. Please contact our team or call us at (616) 608-3061. With offices in Grand Rapids and Kalamazoo, our team is ready to help fellow Michiganders get fair compensation following an accident.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.