Will Prior Accidents Affect My Car Accident Claim?
Prior car accidents or other types of accidents may affect your car accident claim. First, insurance companies may blame prior accidents for a victim’s injuries. The more recent those accidents are, the more likely the insurance company will use those prior accidents against the victim. Second, auto insurers may use those prior accidents to test a victim’s credibility. Under the guise of needing to know more information about those prior accidents, insurers will seek more information from the victim about those accidents. Then, they will use any discrepancy – regardless of how small – against the victim. Thus, it is important to tell your car accident attorney your accident history so they can be prepared to deal with these tactics from insurance companies.
Insurance companies generally run a background check on the claimant in the ISO ClaimSearch database. This database contains detailed records of auto and property insurance claims and payments. Insurers claim they use the database to detect fraud. But they also use information from the database to challenge the cause of a car accident victim’s injuries. An ISO search will reveal the date, insurance company, claim number and possibly the injuries reported.
Why is my prior accidents relevant to my current injuries?
An issue in most personal injury lawsuit is whether the accident caused the victim’s injuries. This is because one of the elements of a negligence claim that a personal injury plaintiff has to prove is causation. Unless an injury is obviously and indisputably caused by a crash, insurance companies will typically question whether a victim’s injuries are related to the accident. An example of an injury that could be unquestionably crash-related would be a broken bone, as doctors would be able to tell from an x-ray if a fracture is fresh or not. However, the most common type of injuries from a car accident are not as clear cut.
One of the most common type of injury from a car accident is a neck pain. Neck pain from a car accident is usually diagnosed as sprain or strain, which can colloquially be called whiplash. There’s generally no definitive objective test from sprain or strain. Meaning, an x-ray or MRI will not definitively show sprain or strain. An MRI may show loss of cervical lordosis or the normal curve of the neck. This curvature loss may evidence muscle spasms, but it also could be from other factors, such as aging or repetitive motions. Doctors generally wouldn’t be able to tell by looking at the x-ray whether the curvature loss is from the accident, unless they can compare the x-ray to one taken immediately before the accident.
Also, pain is the usual primary symptom of accident injuries. However, there is no objective test for pain. Doctors routinely rely on their patients reporting whether they have pain and when the pain started. So, if insurance companies and their defense attorneys can show you had the neck pain before the car accident, then they can attack the opinion of the accident victim’s doctors.
Prior accidents can be a goldmine for the insurance company. What better way to show prior neck pain than go back to any prior accidents the victim may have had. Again, neck pain is a common injury from a car accident. Thus, there is a good chance if the victim was in a prior crash, the victim would have had neck pain. Then, the insurance company will likely claim the victim’s neck injury pre-existed the crash.
Of course, it’s also likely that a person can be injured in an accident that occurred years before and fully heal from those injuries. And the person’s medical records prior to the current car accident may prove that. That is why a car accident lawyer needs to know a client’s accident history. The accident attorney would need to obtain the client’s pre-accident medical records or the medical records from prior accidents. With our combined 50+ years of experience as personal injury attorneys, we know what the insurance company is looking for and we know how to beat their game. We obtain the necessary evidence to prove our client’s case even before the insurance company even asks. That’s how we have obtained millions of dollars on behalf of our clients.
If you or a loved one have been injured in a car accident in Las Vegas and had prior accidents, you should hire an experienced Las Vegas car accident attorney. Personal injury cases where the accident victim had multiple prior accidents can get complicated and may even result in a personal injury lawsuit. The accident victim will need a personal injury attorney who has successfully handled many cases like yours, even through litigation and trial. The personal injury attorneys at D.R. Patti & Associates have represented many car accident victims who’ve had prior accidents. It’s actually quite common, since accidents can and do happen far too frequently. So call and speak to one of our Las Vegas car accident lawyers today.
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