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Pre-existing condition? And an auto accident

Indianapolis, IN |

My husband was in a car accident in June of 2008. We are now trying to pursue a settlement ourselves through the insurance companies. He had moderate back injuries and went to his primary care doctor, and then to a chiro. He was released from the chiro in october of 2008. We have all the documentation needed to file the claim, lost wages, mileage, medical bills, pain and suffering etc. We sent the claim to the insurance company and now they want to see ALL of his medical records for his entire life! Can they do that? He has had back muscle spasms in the past, but nothing to serious. Are they going to say this is a pre-existing condition? And do we need to contact an attorney?

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Attorney answers 2


Insurance companies are criminals and sociopaths. Do NOT deal with them without a lawyer or you are in big trouble. You need a lawyer yesterday. This is like trying be your own doctor. A very bad idea.

My standard disclaimer: I am not offering legal advice or services, assume all of my advice is completely incorrect, assume I do not know the law in your state and assume that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.


As I am licensed to practice in Florida and Vermont, I cannot comment specifically on Indiana law, however, generally the short answer to your question is -- Yes, consult a personal injury attorney in your area. You may also wish to review some of the Legal Guides which I have published on A v v, one of which deals specifically with pre-existing conditions.