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Pre-existing medical issues??/

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insanadee

Junior Member
What is the name of your state?What is the name of your state? WA

I was sideswiped June 1, 2004. The other driver’s insurance co. (geico) paid 100% to have my car fixed & paid for rental car. They also wrote me a letter-admitting fault on their client’s behalf. His lane converted to a left center turning lane approx. 70 feet before he decided he was going to force his way into my lane. The lane ending was clearly marked. He hit me twice in fact. I have been in treatment ever since, but being released within the month. 1 of the issue's I am concerned about them using against me is directly related to my injuries. I have Osteoarthritis aka degenerative disc disease in my neck. The accident directly affected it causing a gargantuan increase of pain, headaches (almost daily), limitations of motion & activities. Prior to the accident I had received medical treatment for this as required. I was told there is a law referred to as the 'Eggshell" law that in my case could play a key role. My doctors have all told me I cannot expect 100% recovery from the accident. When we begin settlement discussions, can my prior disease be used against me or could it hurt their case based on the "Eggshell" law?
 


Lynx 36

Member
Quote: "When we begin settlement discussions, can my prior disease be used against me"

Yes, these things are taken into consideration.
 

BelizeBreeze

Senior Member
The insurance company is only liable under law to return you to the same condition as before the accident. If you had been paralized before the accident they would not be legally bound to make you walk.

In this situation, your monitary recovery will depend on the change in circumstances and your medical condition immediately before the accident.

I hope your attorney has a competent doctor reviewing your history and prognosis.
 

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