Will Insurance Companies Have Access To My Past And Present Medical History? Will Any Unrelated Past Injuries Or Illnesses Potentially Impact My Case?
Insurance companies are thorough, and they do their homework. They have teams of experienced researchers who will do their very best to find out things about you, such as whether you have had any prior accidents.
In my experience, insurance companies like to share information with one another. So, let’s say you have an accident and are insured with Geico. Geico will contact any insurance companies where you might have previously had coverage and ask about your accident history. This means that if, for instance, two years earlier you got into an accident while insured by Nationwide, Nationwide and Geico are likely to communicate about that. They may also communicate that way about your medical history. If one insurance company knows about it, it’s likely that other insurance companies can find out about it.
If you start from the presumption that insurance companies will know about your accident history, it makes the most sense not to hide anything—even if you previously got into an accident where you were injured in a similar way. Most clients have had some sort of back or neck problems, as many people of a certain age experience these pains as a normal part of life. Prior injuries, even if they are similar to your current injuries, aren’t necessarily a bad thing.
In some cases, in fact, prior injuries can actually help your case. Arguably, if you had a preexisting back injury or back pain, that just means that you’re more susceptible to injury. As an example, let’s say that a 70-year old woman gets into a car crash. The crash is going to affect her differently than it would affect a 17-year old man.
The law recognizes what I like to call “As-Is Justice”, meaning you take the plaintiff as-is. Justice isn’t only for folks that are in perfect health. People who have preexisting conditions—people with wear and tear, bumps and bruises—are also entitled to justice. People who aren’t in peak health or at the prime of their physical life don’t get treated like second class citizens.
So, even if you have preexisting conditions or if you’ve had a prior injury in the past, we can work with you to help determine exactly how much worse the latest accident has made your injuries. We will then help show the jury or the insurance adjusters just how much more injury have you suffered as a result of this particular accident, as opposed to something you may have undergone in the past.
I Was Hit By An Uninsured Or Underinsured Driver In Florida. Do I Still Have Any Chance Of Recovering Financially From My Injuries?
Yes. If you were hit by someone who doesn’t have insurance or doesn’t have enough insurance, you may still be able to recover financially for your injuries. One thing you can do to bolster your ability to recover damages in the future is to buy what’s called “uninsured coverage”, “underinsured coverage”, or “UM coverage.” This is an insurance policy that protects you if you are hit by someone who doesn’t have insurance or has very little insurance.
Here in Florida, there are lots of people who don’t have car insurance, and lots more who have insufficient car insurance. I therefore recommend that all my Florida clients purchase UM coverage if it is possible for them to do so. With times the way they are and people tightening their budgets, and it’s understandable if someone doesn’t prioritize UM coverage over something like, say, electricity or groceries.
It’s also easy to see how the person who hit you—and any drivers who may potentially hit you—may have also lapsed in their own insurance payments. These days, when a lot of people are out of work and times are a little bit more financially difficult, folks sometimes look at their budget and say that they’re going to put off car insurance or get rid of it altogether. It is technically illegal to drive in Florida without insurance, but there are still lots of people who do so.
Without your own UM policy, if you get hit by an uninsured or underinsured person in Florida, you may be out of luck. This is a major problem when it comes to medical costs, which might otherwise be covered by a UM policy or by the other person’s insurance (if they had it). It is especially bad if you are seriously injured and require extensive medical care, or become permanently disabled. However, it is also bad if you get a moderately serious but potentially debilitating injury like a herniated disc. These are often forever injuries, which can substantially affect your life and rob you of your livelihood, enjoyment, and way of living. You want to make sure that you have that uninsured motorist coverage in place to protect you.
For more information on Auto Accidents In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 546-7608 today.
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