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Aggravation of Prior Condition Results in Policy Limits Settlement

Aggravation of Prior Condition Results in Policy Limits Settlement

Posted By The Dunnion Law Firm || 11-Apr-2014

The victim was injured in a relatively straightforward rear end collision. Unfortunately, her medical condition was anything but straightforward. The client had suffered with rheumatoid arthritis for many years and her doctor refused to attest to any aggravation of her pain from the accident. She had also suffered for years with jaw joint pain and had recently had TMJ surgery. This accident aggravated that condition to the point where she needed total jaw replacement. It took a long time to find a doctor that would take her insurance for that surgery, but finally it was done. Then, the auto carrier required a great deal of proof that this surgery was not due to pre-existing condition but rather to the accident. Fortunately for the client, we were able to work with her oral surgeon who reviewed all the history and records and indicated that there was no question but that the accident caused the need for the surgery. With that letter in hand, the insurance paid the limits of their policy of $100,000.00.

Categories: Auto Accident