My daughter was involved in an ATV accident at 8 years old and lost her front teeth. She was unable to get dental implants at the time due to her age. She is now 16 years old and old enough to have the implant procedure.
I believe this can be claimed under Medical damages from the accident, but I'm worried that now this claim will be seen as a pre-existing condition. Is there any chance this claim can be covered by my insurance carrier at the time of the accident?
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ANSWER for "Lost Teeth in ATV Accident...":
If you are able to convince the insurance company the implants were medically necessary at the time, and were withheld because of your daughter's age, you may be able to convince them to pay for the new dental surgery.
The need for the implants isn't really a basis of a pre-existing injury. If they agree then great. If they don't you might want to consider hiring an attorney to persuade the insurance company to agree with you.
The recent claim is not a pre-existing injury. It is directly related to the injuries your daughter suffered when she was a minor. If the insurance company agrees the matter will end successfully. If not you may have to consider taking legal action, but regrettably legal action may not be in time.
The Statute of Limitations (time period) has passed. Without a voluntary agreement from the insurance company to pay, you may have no legal recourse. It wouldn't hurt for you to contact a personal injury attorney. Most will not charge any fee for an initial office consultation. At least you will know where you stand legally.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.