I was in a rear end auto accident in 2009. Prior to this I had been seeing a Chiropractor for my lower back pain issue. After the accident, except for other medical treatment, I received some treatment from the chiropractor related to my bodily injury.
Although I still have some pain from the injury, I do not want to pass the two years limitation, so I am planning to settle with the third party insurance company.
They told me today that they will not pay for any medical bills from the chiropractor due to my having prior treatment from the same doctor. However, I have received medical bills from the chiropractor that I still need to pay.
I do not want more money, but I want to be fair and take care of my medical bills. Could you please tell me what will be the appropriate thing to do in this case? Thank you so much!
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
You are in a precarious position. The insurance company’s decision not to pay for your current chiropractic treatment is normal and customary in the insurance business. Normally when a person has a pre-existing injury it is difficult for the insurance companies to gauge where the pain from the first injury finished and the pain from the new injury began.
You already know the limitations date. That’s good. Always keep mindful of that date. If you fail to settle your claim before that date and have not filed a lawsuit you may forever lose your rights to recover any injury compensation.
It isn’t clear from your question whether you were still in some discomfort from the first injury, and if you were still receiving chiropractic treatment for that injury. If your chiropractic treatment for the first injury had ceased well before this most recent injury, then you have a strong argument the chiropractic treatment for this most recent injury is separate and distinct form the first.
If so do not try and convince the insurance company over the telephone. It is better to write an intelligent, articulate, and logical letter to the insurance company asking them to pay for the new treatment and most recent chiropractic bills.
If that fails, then you must give serious thought to filing a lawsuit against the driver of the vehicle from the most recent collision. Hope this helps.
Learn more here: New Claim with Pre-Existing Injury
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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