Pre Existing condition before accident

What is the name of your state (only U.S. law)? Ca

Hi I was hit from behind a few weeks back. It was not a significant impact and at the time of the accident I did not feel any injuries. The next day my neck was a little sore. However on the 3rd day I started experiencing ear ringing and some weakness in my left arm and leg. My left leg feels slightly asleep and when I go up stairs I can feel more fatigue in my left leg than right. I went to a walk in clinic that same day and they took x rays and determined nothing was broken or seemed unusual. Over the course of the last few weeks the symptoms have persisted but are not any worse.

Prior to this accident (about a year ago) I had been experiencing symptoms casued by my neck and was diagnosed with Degenerative Disc Disease (basically Arthritis). I had an MRI and the doctor indicated it was not severe enough for surgery and I could treat it with PT, Advil, tracking etc. I have been doing that the last year and had experienced a great improvement from previous symptoms. I should note the previous documented symptoms were on the right side of my body (right arm and leg tingling and numbness). Since the accident I am having similar symptoms but on the left side of my body.

I am scheduled to go see a neck specialist later this week to see if it's possible there was some additional damage caused by the accident.

My question, Does the insured have to obligation to pay for any of these medical expenses or am I on the hook because I basically already have an arthritic neck?

If the accident worsened a pre-existing condition, the person who caused the accident is liable for that.

1.5 seconds of googling turned up the following:
http://www.baileypartners.com/eggshell-plaintiff-attorney-los-angeles-california.asp

Should help explain the rule.

I wanted to get some follow-up advice on this. So a few months have gone by and my symptoms are dramatically improved. I still have strong ear ringing that comes and goes but basically I am back to normal (pre accident).

In the meantime I have paid for the repair to my car ($1,000 deductible) and I am currently paying for my medical bills which included a trip to urgent care, follow-up with a neck specialist and neurologist. There were some findings of left side weakness (after an EMG) by the neurologist but nothing significant. She is sending me to do some Physical Therapy. I have not receive all my medicals bills but I expect my out of pocket expenses to be around $650.

I still have not heard from the other person's insurance. They still have not admitted blame (to my knowledge). I am worried this could drag on for years and I may never get compensated. I was thinking about writing the insurance company to see if they want to settle for $1650 which would include the cost of my medical bills and deductible. Some friends have suggested I get an attorney but I am thinking that could drag this out for a long time. I really just want to get my out of pocket expenses back.

Can anyone recommend the best method for negotiating directly with the insurance company responsible. They are not returning my phone calls or emails.

Thanks in advance for your replies.

You should ask your insurance agent to look into this. From your post it sounds as if your insurer paid to fix your vehicle but you are "out of pocket" for the deductible. And you also have some medical bills. And maybe car rental. And maybe pain and suffering. And maybe lost work. Et c.
Hasn't your insurer supplied you with a lawyer? Have you been in communication with the other driver about these bills that aren't being paid?

Good luck

Actually right after I posted I called my insurance for a status. Sorry should have done that before I posted. They indicated that the other insurance company has now admitted responsibility.

However, my insurance agent indicated my claim (through my insurance) was closed and because the other insurance is admitting responsibility I should seek reimbursement from them.

He also said there was a note from the other guys insurance company that they have been trying to reach me. The funny thing is I have been trying to reach them via email and phone and they are not replying or calling. They have not called me. They did send out a package asking for details on accident and injuries which I sent back to them a month ago. I should have sent it certified. I still have a copy of the package. I suppose I should send a certified copy so I know they got it (and they can't claim they didn't receive it).

I was hoping my insurance would go after them for me but I guess that's not how it works. It seems that I need to continue to try to get through to them. How long do I wait for a response? I know this stuff takes a long time to process so I have been patiently waiting. What do I do if they don't respond?