Why Is The Insurance Company Asking About Old Injuries

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The reason they are digging into your past medical history is simple: insurance companies aim to minimize payouts. They achieve this by attempting to attribute your current injuries to something other than their insured’s negligence. If they can argue your back pain wasn’t caused by the recent accident, but by a pre-existing condition, they can significantly lower the value of your settlement, or even deny the claim altogether. It’s rarely a genuine concern for their well-being; it’s a business strategy.

Keep in mind that having a prior injury doesn’t automatically disqualify you from recovering damages. California law recognizes that people have pre-existing conditions. The key is establishing a direct causal link between the accident and your current symptoms. The accident can certainly aggravate an existing condition, and you are still entitled to compensation for the new or worsened pain and suffering resulting from the incident. However, proving that link is where things can get tricky.

I’ve been practicing personal injury law in San Diego for over 13 years. I was fortunate enough to have been trained by a former insurance defense attorney early in my career. This gave me intimate knowledge of how insurance companies evaluate claims, and, more importantly, the tactics they use to devalue and deny legitimate injuries. Knowing their playbook allows me to anticipate their strategies and build a stronger case on your behalf.

How can I protect myself when the insurance company asks about past injuries?

The most important thing is to be honest, but carefully controlled in your responses. Don’t volunteer information beyond what is directly asked. For example, if they ask if you’ve ever had back pain, simply state “yes, years ago” without elaborating on the details. Do not offer details about the severity, duration, or treatment you received. Always remember that anything you say can be used against you.

Resist the urge to downplay your current injuries to accommodate their line of questioning. Insurance adjusters are skilled at subtly leading conversations and eliciting statements that can be used to minimize your damages. Stick to describing your current symptoms, how the accident has impacted your daily life, and the medical treatment you’re receiving. Focus on the present, not the past.

Don’t agree to a recorded statement until you’ve spoken with an attorney. Insurance companies often record these statements to twist your words and find inconsistencies later on. A recorded statement is a powerful tool for them, and a potential landmine for you. You are not legally obligated to provide one.

What if I’ve already given a recorded statement and revealed details about old injuries?

It’s not too late to seek legal counsel. While a recorded statement can be damaging, it doesn’t necessarily mean your claim is ruined. An experienced attorney can review the statement, identify any mischaracterizations or inconsistencies, and build a defense to counter their arguments. We can often obtain additional medical records and expert testimony to establish a clear causal link between the accident and your injuries, regardless of your prior medical history.

California law, specifically CCP § 335.1, grants you two years from the date of the accident to file a lawsuit. It’s crucial to act promptly to preserve your legal options and avoid any potential statute of limitations issues. Don’t let the insurance company’s tactics delay you from seeking the compensation you deserve.

Should I be concerned if the insurance adjuster suggests my prior injuries explain all of my pain?

Absolutely. This is a classic devaluation tactic. They will often attempt to portray your current pain as being solely attributable to your pre-existing condition, effectively dismissing the impact of the accident. They may try to obtain your old medical records without your consent, and even hire their own doctors to review them and issue opinions that support their position. This is why it’s vital to have an attorney on your side who can counter their arguments with thorough investigation and expert medical testimony.

Remember, the fact that you had a prior injury doesn’t negate the fact that the accident may have aggravated it, or caused new injuries altogether. A skilled attorney will focus on demonstrating the causal link between the accident and your current condition, utilizing medical evidence, witness testimony, and a clear understanding of California’s comparative fault laws. Insurance adjusters are trained to devalue claims, and they are adept at exploiting any weakness they can find. It’s crucial to have someone fighting for your rights.

What kind of medical documentation will help prove my case despite past injuries?

Detailed medical records are paramount. This includes reports from your treating physicians outlining your symptoms, diagnosis, treatment plan, and prognosis. Any documentation showing a clear change in your condition after the accident is particularly valuable. This could include imaging reports, physical therapy notes, and pain management records. Prior medical records can also be useful if they demonstrate a stable condition prior to the accident, which then worsened significantly afterward.

An independent medical examination (IME) performed by a doctor of your choosing can also be incredibly helpful. Unlike the doctors hired by the insurance company, an IME doctor will have no pre-existing bias and can provide an objective assessment of your injuries and their connection to the accident. Your attorney can help you select a qualified IME doctor and prepare you for the examination.

Can an attorney help me negotiate with the insurance company regarding my past medical history?

Absolutely. Negotiating with insurance companies is my daily work. I can handle all communication with the adjuster, ensuring your rights are protected and that you don’t inadvertently say anything that could harm your case. I can also gather the necessary medical documentation, retain expert witnesses, and build a compelling legal argument to demonstrate the causal link between the accident and your injuries, despite any pre-existing conditions. I focus on maximizing your settlement and ensuring you receive the full compensation you deserve.